Text · page 20 of 77
Read the whole document on one page (all 77 pages, each with its own heading)
This document was a scan. Its text was produced by character recognition and may contain errors; check the original for exact wording.
1 the RR District is measured. Enclosed is a portion of the referenced survey clearly showing the ROW, A red line has been added and indicates the approximate location of the boundary of the RR district, using the reference scale and a ruler, as I am not a licensed land surveyor. A licensed land surveyor could provide the exact location of the line 300’ from the ROW ona survey. The RR district boundary bisects the existing main residence through the first-floor proposed formal dining/wellness café and a second-floor proposed sleeping quarter. Since a campground, and associated sleeping quarters, is not a permitted use in the RR District, as stated in Aurora Town Code §116-8.44, the sleeping quarters and campground uses from the RR District boundary south within the existing building are not a legal use. However, Aurora Town Code §116-25A states that “where a district boundary line divides a lot in single or joint ownership of xecord at the time such line is established, the regulations for the less-restricted portion of such lot shalt extend not more than 50 feet into the more-restricted portion, provided that the lot has frontage on a street or highway in the less-restricted portion,” While the Aurora Town Code does not define frontage, it does allow for the customary meaning per §116-3. As a result, the customary meaning of frontage is the portion of a property that borders a public road, street, highway, or body of water, In the case of 1196 Big Tree Rd, the property has frontage on Rt 400 at the Northwest portion of the parcel and therefore the regulations for the A District are allowed to be extended 50’ into the RR District. In order to confirm that the entirety of the main residence is within 50’ of the RR District boundary, the Town would require a survey of the front portion of the property from a licensed land surveyor with the following: e The North Line of Big Tree Rd (or ROW) as referenced on the 1995 Shisler survey ¢ The 300’ RR District boundary as identified by this letter and measured in at least 3 locations, including locations where the ROW changes direction * The distance from the RR District boundary to the front of the main residence on the east and west facades of the house A survey with details will confirm how much of the main residence can have the A District regulations extended to. If the entirety of the main residence does not fit within this 50’ A District extension, then a variance to extend it to the entirety of the building could be requested. The accessory uses of the existing tennis court, which is bisected by the RR District boundary, and the inground pool, which is entirely within the RR District, are allowed both in the RR District, as stated in Aurora Town Code §116-8.4A(6), and in the A District, as stated in §116-8.5A(1) and therefore are allowed to be used for both personal use of the single family residence and. the campground. Sincerely, 2A Elizabeth Cassidy Town of Aurora/Village of East Aurora Code Enforemeent Officer Cell 716.695.5194 Office 716.652.7591 Email [email protected]