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Area Variance Analysis 0 Maple Street 164.12-1-1.131 Barclay Damon LLP represents Russo Developers Builders Inc. (“Applicant”), the record owner of the property located at 0 Maple Street, Town of Aurora, New York, identified as SBL No. 164.12-1-1.131 (the “Property”). The Property was created pursuant to an Open Development Area (“ODA”) approval granted on July 13, 2015, following issuance of a Negative Declaration under the State Environmental Quality Review Act (“SEQRA”). The ODA approval authorized subdivision of the parent parcel and established the Property as a lawful lot under the Town Code in effect at that time. Since issuance of the ODA approval, the Town has amended its ODA regulations. As a result, although the Property was lawfully created, development of a single-family residence now requires area variances from certain minimum standards set forth in § 99-31 of the Town Code. The Applicant proposes construction of a single-family residence consistent with the original ODA approval and the existing surrounding development pattern, and seeks only the relief necessary to authorize the Property as a buildable lot of record. Requested Area Variances Pursuant to Town Code § 99-31 and Town Law § 267-b, the Applicant seeks the following area variances: 1. Minimum Lot Area § 99-31(A)(1) requires a minimum lot area of three (3) acres, exclusive of the flagpole portion of the lot. o Required: 3.0 acres o Provided: approximately 2.07 acres, exclusive of the flagpole portion 2. Flagpole Frontage at Street Right-of-Way § 99-31(A)(2) requires a minimum of 75 feet of frontage on an existing state, county, or Town road. o Required: 75 feet o Provided: approximately 70.1 feet 3. Private Right-of-Way Width § 99-31(A)(3) requires a private right-of-way at least 75 feet in width. o Required: 75 feet o Provided: approximately 67.5 feet 4. Front Yard Setback § 99-31(A)(5) requires a minimum front yard setback of 200 feet from the boundary line parallel to the street right-of-way. o Required: 200 feet o Provided: approximately 50 feet