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ZBA Board Member James Cornell – absent Proof: The Applicant will simply not be able to use the new, unpermitted sheds. Modifications of the existing shed could be an option. This property still has value for other approved uses and could be sold. The property can be used reasonably as is. Any financial issues are self made. 2.) The alleged hardship relating to the property is unique. (The hardship may not apply to a substantial portion of the zoning district or neighborhood): ZBA Chairman Edward Wilkowlaski – No ZBA Board Member Mark Geitler – No ZBA Board Member Russell Clother, Jr. – No ZBA Board Member Kevin Ingraham – No ZBA Board Member James Cornell – absent Proof: The Applicants were given previous acknowledgement that a permit was required for building on property. This property is under the same regulations as the other properties in the same zone. No main building, being used as living quarters. 3.) The requested use variance, if granted, will not alter the essential character of the neighborhood: ZBA Chairman Edward Wilkowlaski – Yes ZBA Board Member Mark Geitler – Yes ZBA Board Member Russell Clother, Jr. – Yes ZBA Board Member Kevin Ingraham – No ZBA Board Member James Cornell – absent Proof: No immediate neighbors have opposed to the building of the sheds. This variance would all for habitable structure to exist, in a manner not like the rest of the neighborhood. Area has multiple recreational type residents (Vermont Hill Club) also has existing buildings. 4.) The alleged hardship has been self-created: ZBA Chairman Edward Wilkowlaski – Yes ZBA Board Member Mark Geitler – Yes ZBA Board Member Russell Clother, Jr. – Yes ZBA Board Member Kevin Ingraham – Yes ZBA Board Member James Cornell – absent Proof: The applicant was made aware of issue well in advance of even purchasing the property. This land is not suitable for the use as stated in the code. All variances are self created. Determination of ZBA based on the above factors: The ZBA, after reviewing the above four proofs, find that the applicant has failed to prove unnecessary hardship through the application of the four tests required by the state statutes. The Vote on the Motion: Chairman Edward Wilkolaski – Nay ZBA Board Member Russel Clothier, Jr. - Nay ZBA Board Member Mark Geitler - Nay ZBA Board Member Kevin Ingraham – Nay ZBA Board Member James Cornell – absent. The motion to grant the Use Variance is denied for Case#1-2026. Case #2 Use Variance – 200.28 B (1) and 200.41 B 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. (the burden is on the applicant to show hardship under the listed tests for each permitted use before a use variance can be approved). 1.) The Applicant cannot realize a reasonable return, as shown by competent financial evidence. The lack of return must be substantial: ZBA Chairman Edward Wilkowlaski – No ZBA Board Member Mark Geitler – No ZBA Board Member Russell Clother, Jr. – No 6