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Cayuga County Zoning Board of Appeals Sample Decision for Approving a Use Variance In the matter of APPEAL NO. by applicant for the property located at and having a tax map number of WHEREAS, the applicant has requested a use variance to and WHEREAS, a hearing was scheduled for the meeting of the (Town/Village) of Board of Zoning Appeals to consider the applicant’s request; and WHEREAS, the applicant has appeared and addressed the board at said meeting. NOW the Board hereby makes the following findings of fact and conclusions of law concerning said application 1. The subject property is zoned 2. This zone permits the following uses of said property: The requested use is not permitted in this zone without a variance. 3. The applicant has submitted competent evidence in the form of which demonstrates that no permissible use of said property can result in a reasonable return to the applicant, and that such lack of a reasonable return is substantial: a. The use of said property as a (single family residence, etc. other uses) cannot result in a reasonable return because: The lack of a reasonable return is substantial in that b. The use of said property as a (two family residence, etc. other uses) cannot result in a reasonable return because: The lack of a reasonable return is substantial in that c. (continue for all permitted uses in the district) 4. This inability to obtain a reasonable return causes an unnecessary hardship. 5. This hardship relates to the property itself which is unique in that These unique characteristics of the property no not apply to a substantial portion of the district because the proper- ties in the surrounding district 1 of 2 ---PAGE BREAK--- 6. The proposed use will not alter the essential character of the neighborhood in that 7. Said hardship has not been self-created in that 8. (if required) The Cayuga County Planning Board’s 239 Review Committee has reviewed this action and made the following determination: 9. The Board hereby determines that the minimum variance necessary and adequate to address the unnecessary hardship proven by the applicant preserving and protecting the character of the (district/neighborhood) and health, safety and welfare of the community is as follows: A variance to permit the use of the property__________ THEREFORE, in light of the foregoing, the Board hereby grants said variance. RESOLVED, that the Zoning Board of Appeals is lead agency for environmental review and that the Zoning Board of Appeals makes a negative declaration of significant environmental impact, based on the (long/short) Environmen- tal Assessment Form (Part 1 and 2) on file with 2 of 2