Southtowns Record

Findings and Decision Sheet - Osinski (full text)

Town of Wales 16 pages

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WTO yo TOWN OF WALES - ZONING BOARD OF APPEALS AREA VARIANCE FINDINGS & DECISION Applicant: Dew e\ONy Gans FFICE USE ONLY: Application No. AV- “ Zz Date of Application: lai Appeal Concerns Property at the following address: (Postmarked or Hand Delivered \3S83 SeMsng Qo. Date of Public Hearing: l é) | Uf m eh wy Date Notice Published: HA ; f Ale Date of County Referral: j Date of Final Action: Le Tal, Date or Filing of Degision with the Municipal Clerk:__j{ O nea County Tax Map (S.B.L.) - Section:_\_T&_ Block:__ tot. @\.e 4 Zoning District Classification: 210- | Fam \ ~ hes, Requirements for which Variance is Requested: Raew ‘Das Ao Svar pops ay Sida sxdloclk: Applicable Section of Zoning Code(s): 206-22 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: (Will this change make the neighborhood look or feel worse, or hurt nearby homes or properties?) Yes No > Reason: Ly Seen lis MSS LSSaoe Ao Leak q ooh \aouut NI toVyiookw ay 1A Sipps ad. 2) Whether benefit sought by applicant can be achieved by a feasible alternative to the variance. Page 1 of 4

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TOWN OF WALES - ZONING BOARD OF APPEALS AREA VARIANCE FINDINGS & DECISION (Is there a realistic alternative (like changing the design, moving the building, making it smaller, or using a different layout) that would follow the current code?) Yes No os Reason: ChS 4 Sloot Pac Lanse wrolig Soe Lecchted o\yeov ade, AH 3) Whether the requested variance is substantial. (Is the change the applicant is asking for significant? How far are you trying to bend the zoning limits?) Yes No__ 2S 4 Reason: SON, S catback R pcm ed Yo @ anhy en \ sine 4) Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood? (Will this change negatively impact the environment or damage the physical conditions in the area...such as traffic, drainage, noise, air, or natural features?) Yes No ZS Reason: 5) Whether the alleged difficulty was self-created? (Did the applicant cause the issue? The issue is a result of action(s) by the applicant, not a result of something beyond the applicant's control.) Yes aS No Page 2 of 4

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TOWN OF WALES - ZONING BOARD OF APPEALS AREA VARIANCE FINDINGS & DECISION Reason: DETERMINATION OF ZBA BASED ON THE ABOVE FACTORS: The ZBA, after taking into consideration the above five factors, finds that: [2 the Benefit to the Applicant DOES NOT ans a Detriment to the Neighborhood or-€emmunity 3 4nd therefore the variance request is denied. TB the Benefit to the Applicant DOES outweigh the Detriment to the Neighborhood or Community. Reasons: LIA A S\o 6WwWSSrve, The ZBA further finds that a variance of of. 4 ¥hoK from Section 220-22 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: KJ \ NY Condition No. 1: Page 3 of 4

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TOWN OF WALES - ZONING BOARD OF APPEALS AREA VARIANCE FINDINGS & DECISION Adverse impact to be minimized: Condition No. 2: NJ | ‘t Adverse impact to be minimized: Zoning Board of Appeals Chairman: S oud.\We\as Date: @-ScT -2c& eee eee eee Cee COCO eer rere eee rere rece rer creer re reri verre errr rer ee rer err reer r sree rere rr errr errr err rr errr rrr reser ree rer ire rr rere rr erie ey RECORD OF VOTE MEMBER NAME AYE NAY 7BA Chair Go). Won si i 7BA Member Va Gertror a ; ¥ Co eve! on ZBA Member__. cw) ZBA Member_ 2S) C\ Vy as ZBA Member Page 4 of 4

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TOWN OF WALES - ZONING BOARD OF APPEALS AREA VARIANCE FINDINGS & DECISION re Applicant: Lean J o ** liv Osins K OFFICE USE ONLY: * oy ‘ : i { oa Application No. AV- . Date of Application: Appeal Concerns Property at the following address: (Postmarked or Hand Delivered) ~ ff 2 Nan Oe. Date of Public Hearing: 13 5 SS Fens 3 a Date Notice Published: a .# fa¥: Date of County Referral:_____ Date of Final Action: Date or Filing of Decision with the Municipal Clerk: 4 nace a(t 2 County Tax Map (S.B.L.) - Section:!? *: Block: Lot: Zoning District Classification: 2)/O- | Fam,\y Kes: Requirements for which Variance is Requested: 2oe wD -) v a. © é Applicable Section of Zoning Code(s):__ 2 2@: 22. _ 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: (Will this change make the neighborhood look or feel worse, or hurt nearby homes or properties?) Yes No__ Reason: Aad neigh tf bu su poo t 7 f i je va Vo ‘ Yy on” character Jo Are 2) Whether benefit sought by applicant can be achieved by a feasible alternative to the variance. Page 1 of 4

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TOWN OF WALES - ZONING BOARD OF APPEALS AREA VARIANCE FINDINGS & DECISION (Is there a realistic alternative (like changing the design, moving the building, making it smaller, or using a different layout) that would follow the current code?) Yes No x i { fale Reason:___) “fo axe lg Ty “y wtih toe § 3) Whether the requested variance is substantial. (Is the change the applicant is asking for significant? How far are you trying to bend the zoning limits?) Yes No__x ¢ ; t . i ‘ Soon ud. f Reason: ~ Vair- dave is gu bstuara! Ley legee deem f i i i f t oy ee fog i. Abe had Le He arom neigh bérs fics 4 ok 4) Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood? (Will this change negatively impact the environment or damage the physical conditions in the area...such as traffic, drainage, noise, air, or natural features?) Yes No x ob i, if Reason: Ne I even nettcable 5) Whether the alleged difficulty was self-created? (Did the applicant cause the issue? The issue is a result of action(s) by the applicant, not a result of something beyond the applicant's control.) Yes - No Page 2 of 4

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TOWN OF WALES - ZONING BOARD OF APPEALS AREA VARIANCE FINDINGS & DECISION Reason: Al ARE DETERMINATION OF ZBA BASED ON THE ABOVE FACTORS: The ZBA, after taking into consideration the above five factors, finds that: CO the Benefit to the Applicant DOES NOT Outweigh the Detriment to the Neighborhood or Community and therefore the variance request is denied. I the Benefit to the Applicant DOES outweigh the Detriment to the Neighborhood or Community. t i rf t f Reasons: Se para a! but So ae - aed fe 2 wel . 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: Page 3 of 4

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TOWN OF WALES - ZONING BOARD OF APPEALS AREA VARIANCE FINDINGS & DECISION Adverse impact to be minimized: Condition No. 2: Adverse impact to be minimized: Zoning Board of Appeals Chairman: Date/ub+ 7° & Cem meee nem eee RRO ee ROR EHO RHEE EE EEO DOLE EO USES EEE NEES EEELESEEHEDHEDI REED EEE DEO RHEE ESE ESHSODOSOSEDEEHENOEEO EEE OOE Renee meen oneeoeeernnesnenen RECORD OF VOTE MEMBER NAME AYE NAY SIGNATURE ZBA Chair ZBA Member Je. (niet la a ZBA Member ZBA Member ZBA Member Page 4 of 4

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TOWN OF WALES - ZONING BOARD OF APPEALS AREA VARIANCE FINDINGS & DECISION . fo , Applicant: Dev Ht La L510 SV USE ONLY. OFFICE Application No. AV- Date of Application: Appeal Concerns ie aL oes followin gg Tess: (Postmarked or Hand Delivered) LEG 7 Date of Public Hearing: 7 Date Notice Published: e 4, iy ri 7 ra “ue Date of County Referral: Date of Final Action: Date or Filing of Decision with the Municipal Clerk: County Tax Map (S.B.L.) - Section: 740) Block:_ 2Z. Lot: Zoning District Classification: 210 a Farm \y Resid. Requirements for which Variance is Requested: a) < Zp LG Applicable Section of Zoning Code(s): (Ao ¢ wh, 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: (Will this change make the neighborhood look or feel worse, or hurt nearby homes or properties?) Yes No \ Reason: i 2) Whether benefit sought by applicant can be achieved by a feasible alternative to the variance. N Page 1 of 4

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WUT Ne Se EWE SRERe WE PE 8 ke AREA VARIANCE FINDINGS & DECISION (Is there a realistic alternative (like changing the design, moving the building, making it smaller, or using a different layout) that would follow the current code?) Yes No Reason: 3) Whether the requested variance is substantial. (Is the change the applicant is asking for significant? How far are you trying to bend the zoning limits?) Yes No [ xva Reason: 4) Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood? (Will this change negatively impact the environment or damage the physical conditions in the area...such as ue drainage, noise, air, or natural features?) Yes No i / j Reason: 5) Whether the alleged difficulty was self-created? (Did the applicant cause the issue? The issue is a result of action(s) by the applicant, not a result of ee the applicant's control.) Yes ___No f : Page 2 of 4

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AREA VARIANCE FINDINGS & DECISION Reason: 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: 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: Page 3 of 4

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ad eee LY ed AREA VARIANCE FINDINGS & DECISION Adverse impact to be minimized: Condition No. 2: Adverse impact to be minimized: Zoning Board of Appeals Chairman: Date: RECORD OF VOTE MEMBER NAME AYE NAY SIGNATURE ZBA Chair _ fa, pf ZBA Member L A) Wt/ XK fd Ww yj ZBA Member ZBA Member ZBA Member Page 4 of 4

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IUVWIN UP WALES - ZUNINDU BYVAKLD Ur APPEALS AREA VARIANCE FINDINGS & DECISION Applicant: PENNIS* KELLY OSIISKA OFFICE USE ONLY: Application No. AV- Date of Application: Appeal Concerns Property at the following address: ee (Postmarked or Hand Delivered) Date of Public Hearing: Date Notice Published: Date of County Referral: Date of Final Action: Date or Filing of Decision with the Municipal Clerk: County Tax Map (S.B.L.) - Section: Block: Lot: Zoning District Classification: AlO~ | Fam, | y fes Requirements for which Variance is Requested: Applicable Section of Zoning Code(s): 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: (Will this change make the neighborhood look or feel worse, or hurt nearby homes or properties?) Yes No X Reason: pvicoine is ove H00' Fee Redd. 2) Whether benefit sought by applicant can be achieved by a feasible alternative to the variance. Page 1 of 4

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Be rR eB EEE ea EOE he AREA VARIANCE FINDINGS & DECISION (Is there a realistic alternative (like changing the design, moving the building, making it smaller, or using a different layout) that would follow the current code?) Yes x No Reason. OPTIeRS Wwevityn INVOOE Collie G Maree TREES of MeVING uTemeS 3) Whether the requested variance is substantial. (Is the change the applicant is asking for significant? How far are you trying to bend the Zoning limits?) Yes No xX Reason: SEY Bate Fim BeOn AWO Nigu pecs APlA VAL MAKE jw Mike im4c. 4) Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood? (Will this change negatively impact the environment or damage the physical conditions in the area...such as traffic, drainage, noise, air, or natural features?) Yes No xX Reason: 5) Whether the alleged difficulty was self-created? (Did the applicant cause the issue? The issue is a result of action(s) by the applicant, not a result of something beyond the applicant's control.) Yes x No Page 2 of 4

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AREA VARIANCE FINDINGS & DECISION Reason: DETERMINATION OF ZBA BASED ON THE ABOVE FACTORS: The ZBA, after taking into consideration the above five factors, finds that: [1 the Benefit to the Applicant DOES NOT Outweigh the Detriment to the Neighborhood or Community and therefore the variance request is denied. p 4 the Benefit to the Applicant DOES outweigh the Detriment to the Neighborhood or Community. Reasons: Nod DETr@imenstT” 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: Page 3 of 4

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EWI WE WV PRE? 7 ONZE UEINNS LIZA WT PAT BPA AREA VARIANCE FINDINGS & DECISION Adverse impact to be minimized: Condition No. 2: Adverse impact to be minimized: Zoning Board of Appeals Chairman: Date: HAH EH DEES RO CHEM OHNE OHORES DEE DERDEONSSESOSRDESHRODETEEE DOSES O SES ESE EER ERE TOE D SHER DO ERESESTER OHSS TOTES SEER ROSE EERO USER PON EEE EHHREDECEDEDNERS RECORD OF VOTE MEMBER NAME AYE NAY SIGNATURE ZBA Chair Zi ZBA Member_Kuss_Clerwiz lad = ZBA Member ZBA Member ZBA Member Page 4 of 4

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