Southtowns Record

Case#2 - Finding and Decision

Government
Town of Wales
Kind
Other
Topics
Zoning and land use

Original document

Text · page 9 of 17

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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)