Case#2 - Finding and Decision (full text)

Case 2. USE VARIANCE FINDINGS OFFICE USE ONLY Application No. UV-A-2OD/ & DECISION Date of Application: (Postmarked or Hand Deliveréd) Date of Public Hearing: S/IZIAL, Applicant: b avid Sahauh = Twin wood Forest Date Notice Published: : Date of County Referral: ; LAG Date of Final Action: iv Appeal Concerns ippery at the following address: Date of Filing of Decisio with nthe La cpente a Koa Municipal Clerk: 3 {19 1Q/, County Tax Map Section: ___ Block Lot t Zoning District Classification: \ Use for which Variance is Requested: ZOO, 2S & 2s Ay \ Applicable Section of Zoning Code:_“C-CO»L@* = 266,441 Permitted Uses of Property: TEST: No use variance will be granted without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. The following tests must be met for each and every use allowed by zoning on the property, including uses allowed by special use permit. ILLUSTRATIONS OF 1.The Applicant cannot realize a reasonable return, as shown by FINANCIAL EVIDENCE competent financial evidence. The lack of return must be * Bill of sale for the « SR? substantial: Yes___No>*” property, present value of property, expenses for Hit, roof: A he ope co) LAN Sutloly mo! maintenance ° Leases, rental “ abo Ne anw Wew3 | Supepyntt agreements * Tax bills ands, Modthrccdion s Ai oashivs, shod * Conversion costs (for a permitted use) ¢ Realtor's statement of co OND a ond ephow. inability to rent/sell 2. The alleged hardship relating to the property is unique. (The ILLUSTRATIONS OF Dh UNIQUENESS I hardshipi may not apply to a substantialial p portion of the @ zoning zoning district aisine" Topographic or physical Wi or neighborhood.): Yes___No_== features preventing development for a Proofs:_T he aop\lccat Leo$ Boe Ops vros permitted use * Why would it be possible acKwo las Mant Meck ot ean WIS to construct the applicant's proposal and not any of the B= a) dea lowsloues anprotrtly, permitted uses? ¢ Board member observations of the - property and surrounding area.

PAGE 2 OF 4: 23. The requested use variance, if granted, will not alter the essential character of the a neighborhood.: Yes Nox” \\ RP; a ILLUSTRATIVE Proof: “Wo wae che NO zis wis Weve Sop C590) NEIGHBORHOOD CHARACTER FACTORS a \\o Ines Dw Ht he sheds SS ¢ Board members’ observations of neighborhood. ¢ Expected effect of proposal on neighborhood, for example, change in parking patterns, noise levels, lighting, traffic. _4. The alleged hardship has been self-created. : Yes 2g No ie Maye SELF-CREATED \\ Proof: The Cp p\icws OI &S Wok? Ca Dea fp > BY ¢ What were the SRR UuaN\ wad permitted uses at the Qjartdca x Sper PSLRA, time the property was purchased by the \\~s- 0 poppy 9 applicant? * Were substantial sums spent on remodeling for a use not permitted by zoning? ¢ Was the property received through inheritance, court order, divorce? DETERMINATION OF ZBA BASED ON THE ABOVE FACTORS: The ZBA, after reviewing the above four proofs, finds: ar That the applicant has failed to prove unnecessary hardship through the application of the four tests required by the state statutes. [] That the applicant has proven unnecessary hardship through the application of the four tests required by the state statutes. In finding such hardship, the ZBA shall grants a variance to allow use of the property in the manner detailed below, which is the minimum variance that should be granted in order to preserve and protect the character of the neighborhood and the health, safety and welfare of the community: (USE)

Page 4 of 4: RECORD OF VOTE MEMBER NAME AYE NA < Chi} y- chair Co WNelastt Me Lor | | m [x Member np pW Geta A UO ar Member VER ws Tiny ote bd TL — Member Qogs C| ans. 0 Member

USE VARIANCE FINDINGS SeFOE USE ONL & DECISION Sue ot Aptetontle ab (Postmarked or Hand Deli fe)d) Date of Public Hearing: ; i - : j. | Date Notice Published: 3/Af Applicant: b Ovi d D4 hauh Iw: n wood Forest Date of County Referral: _— LLC | Date of Final Action: _— Appeal Concerns ie at the following address: Date of Filing of Declsion,with the La rpentec Koa Municipal Clerk: DNAAlo County Tax Map Section: Block Lot . Zoning District Classification: Use for which Variance is Requested: Ween “iy No ACCeseny Rus llrc Sherw Id oe OS ow Dewak k Ss a KVC2 C. CC. Sig By ws 1d a6 Sew Ie “be. Gs ot \yc Ecce he Dnata Cx fed WEG Applicable Section of Zoning Code: >~-0@ .£) | 4 Wag — 2X Permitted Uses of Property: TEST: No use variance will be granted without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. The following tests must be met for each and every use allowed by zoning on the property, including uses allowed by special use permit. ; ; ILLUSTRATIONS OF 1.The Applicant cannot realize a reasonable return, as shown by FINANCIAL EVIDENCE competentfinancial evidence. The lack of return must be * Bill of sale for the substantial.: Yes___No_ X_ property, present value of property, expenses for Proof: J kis prepcay Stel heS ade ._ | maintenance . ; - * Leases, rental fon otru _appcsved WSS Gand uid be _|]agreements - ° Tax bills * Conversion costs (for a Lo\ A permitted use) ¢ Realtor’s statement of inability to rent/sell 2. The alleged hardship relating to the property is unique. (The ILLUSTRATIONS OF UNIQUENESS; ; hardship may not apply to a substantial portion of the zoning district or neighborhood.): Yes Nook * Topographic or physical OO features preventing FL~ development for a Proofs: | his frcopPec sy _ Yn, he permitted use * Why would it be possible Ste Pefwre aban $ QS The Other to construct the applicant's ~ . proposal and not any of the ereecHt 5 MA he Garne Dore, permitted uses? * Board member observations of the - property and surrounding area.

PAGE 2 OF 4: 3. The requested use variance, if granted, will not alter the essential character of the neighborhood.: Yes___No X ILLUSTRATIVE Proofs Vis \earancy World atte for NEIGHBORHOOD CHARACTER FACTORS \ya\y? So\ Lronducsé +0 Ox S9 WN en * Board members’ observations of OSNeAg ASANaa-6 No Vivee Pre E44 of neighborhood. * Expected effect of dave Ned bee Legal proposal on neighborhood, for example, change in parking patterns, noise levels, lighting, traffic. 4. The alleged hardship has been self-created. : Yes% _ No Proof: Ths Laad 1S not Sort bv Fon SELF-CREATED ¢ What were the Aye We WS SD DA Rt Code permitted uses at the time the property was purchased by the applicant? ¢ Were substantial sums spent on remodeling for a use not permitted by zoning? * Was the property received through inheritance, court order, divorce? DETERMINATION OF ZBA BASED ON THE ABOVE FACTORS: The ZBA, after reviewing the above four proofs, finds: That the applicant has failed to prove unnecessary hardship through the application of the four tests required by the state statutes. [] That the applicant has proven unnecessary hardship through the application of the four tests required by the state statutes. In finding such hardship, the ZBA shall grants a variance to allow use of the property in the manner detailed below, which is the minimum variance that should be granted in order to preserve and protect the character of the neighborhood and the health, safety and welfare of the community: (USE)

Page 3 of 4: CONDITIONS: The ZBA finds that the following conditions are necessary in order to minimize adverse impacts upon the neighborhood or community, for the reasons following: Condition No. 1: Adverse impact to be minimized: Condition No. 2: Adverse impact to be minimized: Condition No .3: Adverse impact to be minimized: Condition No. 4: Adverse impact to be minimized: Chairman, Zoning Board of Appeals Date

Page 4 of 4: RECORD OF VOTE MEMBER NAME AYE NAY Chair ae (Jip Ow Member KeYin Dae cakony Member Member Member

USE VARIANCE FINDINGS OFFICE USE ONLY Application No. UV- A7 207 & DECISION Date of Application: 1 (Postmarked or Hand Délivéred) Date of Public Hearing Applicant: bAVid Sahauh ~ Twin wood Forest Date Notice Published Date of County she: 3 _ LK Date of Final Action: Appeal Concerns Brod at the following address: C Date of Filing of Decision Ith the Carpenter Koa Municipal Clerk: 4 Lh Alp County Tax Map Section: Block Lot Zoning District Classification: Use for which Variance is Requested: Applicable Section of Zoning Code: Permitted Uses of Property: TEST: No use variance will be granted without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. The following tests must be met for each and every use allowed by zoning on the property, including uses allowed by special use permit. ILLUSTRATIONS OF 1.The Applicant cannot realize a reasonable return, as shown by FINANCIAL EVIDENCE competentfinancial evidence. The lack of return must be * Bill of sale for the substantial: Yes___ No X_ property, present value of property, expenses for Proot: THE PRorEReTy COM BE USED REASSNARCE maintenance * Leases, rental AS ~-15S. ANY FinanXone sues KAZE SELF agreements * Tax bills * Conversion costs (for a MADE permitted use) * Realtor's statement of inability to rent/sell 2. The alleged hardship relating to the property is unique. (The ILLUSTRATIONS OF hardship may not apply to a substantial portion of the zoning district UNIQUENESS or neighborhood.): Yes No * Topographic or physical features preventing BEWG USED AS LIVING development for a Proofs: No Main BulLoiwG, permitted use ¢ Why would it be possible Qu ALTERS to construct the applicant's proposal and not any of the permitted uses? * Board member observations of the - property and surrounding area.

PAGE 2 OF 4: 3. The requested use variance, if granted, will not alter the essential character of the neighborhood.: Yes % No__ ILLUSTRATIVE Proof: AREA WAS MuLTIeLE RECREATIONAL TYPE NEIGHBORHOOD CHARACTER FACTORS RESIDENTS (vEement wee CLV) ALS HAS Exisrine ¢ Board members’ observations of BulegneS neighborhood. * Expected effect of proposal on neighborhood, for example, change in parking patterns, noise levels, lighting, traffic. 4, The alleged hardship has been self-created. : Yes X, No__ Proof, ALL VARIANCES ARE SELF CREATED. SELF-CREATED * What were the permitted uses at the time the property was purchased by the applicant? * Were substantial sums spent on remodeling for a use not permitted by zoning? * Was the property received through inheritance, court order, divorce? DETERMINATION OF ZBA BASED ON THE ABOVE FACTORS: The ZBA, after reviewing the above four proofs, finds: <1 That the applicant has failed to prove unnecessary hardship through the application of the four tests required by the state statutes. C] That the applicant has proven unnecessary hardship through the application of the four tests required by the state statutes. In finding such hardship, the ZBA shall grants a variance to allow use of the property in the manner detailed below, which is the minimum variance that should be granted in orderto preserve and protect the character of the neighborhood and the health, safety and welfare of the community: (USE)

Page 3 of 4: CONDITIONS: The ZBA finds that the following conditions are necessary in order to minimize adverse impacts upon the neighborhood or community, for the reasons following: Condition No. 1: Adverse impact to be minimized: Condition No. 2: Adverse impact to be minimized: Condition No .3: Adverse impact to be minimized: Condition No. 4: Adverse impact to be minimized: Chairman, Zoning Board of Appeals Date

Page 4 of 4: RECORD OF VOTE MEMBER NAME AYE NAY Chair | I Member Koss Cle THE || Member Member Member

ZONING BOARD OF APPEALS OFFICE USE ONLY AREA VARIANCE FINDINGS & DECISION | Application No. AV- A> ADA Date of Application: appicant: David Schaub ~Twinwoad Finest; LLO , eet Date Notice Published: Appeal Concerns reper at the following address: Date of County Referral: Ca Cpe pote c Roo SD BA#F2 Ib: 00-1-30 Date of Final Action: County Tax Map Section: Block Lot Date of Filing of ia Tatwith the Zoning District Classification: ; Municipal Clerk: 4 Il Requirement for which Variance is Requested: NA CAR ) \ Applicable Section(s) of Zoning Code: “UCD « is F Wee - “2 TEST: No area variance will be granted without a consideration byt the board of the following factors: 1. Whether undesirable change would be produced in character of neighborhood or a detriment to nearby properties: Yes = NoX_ Reasons: 2Ct>-\ Ue, | LSS -S2. bos Ve 2. Whether benefit sought by applicant can be achieved by a feasible alternative to the variance: YesxX<_No___ Reasons: Me ee +. cans) is <\od § TS A an cdols 3. Whether the requested variance is substantial: Yes___ No2—" Reasons: 286-13 Wo | 223-S2 Nes No Th jhe eutyestk A oN vy Veb tahlo Shad , Sma caasc cart 4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood: Yes___ No 2s_ Reasons: Ut. de ANS ess oN N aioe ps 5. Whether the alleged difficulty was self-created: Yes 2SNo_ Reasons: DL Uays Khe case

Page 2 of 2 DETERMINATION OF ZBA BASED ON THE ABOVE FACTORS: The ZBA, after taking into consideration the above five factors, finds that: C) the Benefit to the Applicant DOES NOT Outweigh the Detriment to the Neighborhood or Community and therefore the variance request is denied. & the Benefit to the Applicant DOES outweigh the Detriment to the Neighborhood or Community. Reasons: <> Sa root S22 Oy sient SSeS | CEH OLOG Ww) thee Area verbs. The ZBA further finds that a variance of from Section of the Zoning Code is the minimum variance that should be granted in order to preserve and protect the character of the neighborhood and the health, safety and welfare of the community because: CONDITIONS: The ZBA finds that the following conditions are necessary in order to minimize adverse impacts upon the neighborhood or community, for the reasons following: Condition No. 1: Pepdaoos Adverse impact to be minimized: Condition No. 2: Adverse impact to be minimized: Chairman, Zoning Board of Appeals Date RECORD OF VOTE MEMBER NAME AYE NAY ohh Chair Soo rkersk' Da : 7a Member Kein Boyt ir LE —— Member Bass Clhetyor sb Member Maa Gretdsy_ -9 Member LZ <NWW... KA

ZONING BOARD OF APPEALS GEFICE USE ONLY AREA VARIANCE FINDINGS & DECISION Application No. AV- em laa Date of Application: elivered Applicant: » QV [ fe Scheu h —Twinwood facest, Sato Pub Hearn: i . ZEC é Date Notice Published: . Appeal Concerns Property at the following address: Date of County Referral: Caceentec Roa fa ss PAS Ihe 00-11-30 Date of Final Action: County Tax Map Section: Block Lot Date of Filing of Decision with the Zoning District Classification: Municipal Clerk: A)igjae Requirement for which Variance is Requested: lyabtta ble. Mewlirs SS mewas be (ONS Fer red On NK Gatos SRN OElos.2 Fourndent Cp, 4 Ne fea GMVAn Lp WAYNE ~- isp j}— => Applicable Section(s) of Zoning Code; 2.69 — 13 y 2.00 - 5S). TEST: No area variance will be granted without a consideration by the board of the following factors: 1. Whether undesirable change would be produced in character of neighborhood or a detriment to nearby properties: Yes __Nox_ Reasons: Tere ach the Property with Gavanle S32ed CAWwreWAvre : 2. Whether benefit sought by applicant can be achieved by a feasible alternative to the variance: Yes X No___ Reasons: | .<$2 St onckurtS Conta be Grought hp +o Cok, wy AOA LL OLAY On$ 3. Whether the requested variance is substantial: YesX_ Nowe Reasons: -v- aS w SS» anace CNet d byt 24 Q&A WVii\lne ra Woeonhd < 4 4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood: Yes___ No __ Reasons: NO «AS & Storeng x Ched s+ lr of a» dew.lng i Guow V2. 5. Whether the alleged difficulty was self-created: Yes/\No_ Reasons: A'S Cow \a Raye Bodie. ber Avior d ed by qc CAS A sprponsy Lf 6

Page 2 of 2 DETERMINATION OF ZBA BASED ON THE ABOVE FACTORS: The ZBA, after taking into consideration the above five factors, finds that: EX the Benefit to the Applicant DOES NOT Outweigh the Detriment to the Neighborhood or Community and therefore the variance request is denied. CO the Benefit to the Applicant DOES outweigh the Detriment to the Neighborhood or Community. Reasons: Re Sons YS Cogn \d heave bem oVvioded by SENZA an eco Psu + AS WS Circ ner Cowl | lh. mVoTd The ZBA further finds that a variance of from Section of the Zoning Code is the minimum variance that should be granted in order to preserve and protect the character of the neighborhood and the health, safety and welfare of the community because: CONDITIONS: The ZBA finds that the following conditions are necessary in order to minimize adverse impacts upon the neighborhood or community, for the reasons following: Condition No. 1: Adverse impact to be minimized: Condition No. 2: Adverse impact to be minimized: Chairman, Zoning Board of Appeals Date RECORD OF VOTE MEMBER NAME AYE NAY Chair Yor ZH—=— Member ieysn Leng (aN eit Member Member _ Member _

ZONING BOARD OF APPEALS SRKIGH USE ONLY AREA VARIANCE FINDINGS & DECISION Application No. AV- aia Date of Application: , . (Postmarked or Hand d Pelivered) Applicant: © ha Twi in y) Date of Public planed Is Be are: , | Date Notice Published: Appeal Concerns Property at the following address: Date of County Referral: CacPpen te H Road SBA#2I1b-00-1-30 Date of Final Action: County Tax Map Section: Block Lot Date of Filing of Decision with the Zoning District Classification: Municipal Clerk: 3 li ale Requirement for which Variance is Requested: Applicable Section(s) of Zoning Code: TEST: No area variance will be granted without a consideration by the board of the following factors: 1. Whether undesirable change would be produced in character of neighborhood or a detriment to nearby properties: Yes No X_ Reasons: No ComQtnnt oR ORSFcTuN Fame NEIGH BES 2. Whether benefit sought by applicant can be achieved by a feasible alternative to the variance: Yes >< No___ Reasons: MAKE (CEpAR WD Exicine CreuiéR C 3. Whether the requested variance is substantial: Yes X_No__ Reasons: ALL VARIANCES Aree SuBsSmMATAL 4, Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood: Yes___No <_ Reasons: VSE Dey Net VALY FR FECT oF AREA 5. Whether the alleged difficulty was self-created: © YesXNo_ Reasons: ALL VACIAUCES ACE SvBSTANUALASELF CREATEO

Page 2 of 2 DETERMINATION OF ZBA BASED ON THE ABOVE FACTORS: The ZBA, after taking into consideration the above five factors, finds that: a the Benefit to the Applicant DOES NOT Outweigh the Detriment to the Neighborhood or Community and therefore the variance request is denied. C] the Benefit to the Applicant DOES outweigh the Detriment to the Neighborhood or Community. Reasons: The ZBA further finds that a variance of from Section of the Zoning Code is the minimum variance that should be granted in order to preserve and protect the character of the neighborhood and the health, safety and welfare of the community because: CONDITIONS: The ZBA finds that the following conditions are necessary in order to minimize adverse impacts upon the neighborhood or community, for the reasons following: Condition No. 1: Adverse impact to be minimized: Condition No. 2: Adverse impact to be minimized: Chairman, Zoning Board of Appeals Date RECORD OF VOTE MEMBER NAME AYE NAY Chair Member Luss Cuskigz Pa) Member Member Member