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Application for a Use Variance 1. Type of Appeal Appeal is made herewith for an use variance from the Zoning Ordinance. All appeals must be accompanied by a denied zoning permit application. 2. Appellant Information APPELLANT Name(s): Address: Phone: Email: PROPERTY OWNER (if different) Name(s): Address: Phone: Email: 3. Location of Property Address: Tax Map Use District on Zoning Map: 4. Applicable Provision(s) of the Zoning Ordinance Appealed (indicated the article/section/subsection/paragraph) 5. Previous Appeal A previous appeal has has not been made with respect to this proposal and was/were made in: Appeal dated: Appeal dated: Appeal Hearing Date: Town of Victory 1323 Town Barn Road Red Creek, NY 13143 P: (315) 626-6462 F: (315) 626-6747 ---PAGE BREAK--- 6. Description of the Appeal A. What uses are permitted in the Zoning District? B. What use, not currently permitted, are you seeking for your property? C. Describe the project that requires the appeal: 7. Criteria for Use Variance Review New York State Town Law § 267-b No such use variance shall be granted by a board of appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship, the applicant must demonstrate to the board of appeals the following information for each and every permitted use under the zoning regulations: A. The appellant cannot realize a reasonable return, provided that the lack of return is substantial as demonstrated by competent financial evidence. B. That the alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the district. C. That the requested use variance, if granted, will not alter the essential character of the neighborhood. D. That the alleged hardship has not been self-created. Given these requirements, complete the following: A. Please explain how the land will not yield a reasonable return by providing the following information: 1) Amount paid for the property in question: 2) Date of purchase of the property: 3) Present market value of property or any part thereof: 4) Basis upon which the present market value of the property was obtained: 5) The projected market value of the property if the use variance is/is not granted: ---PAGE BREAK--- 6) Basis upon which the projected market value of the property was obtained: 7) Please provide a breakdown of the expenses attributable to maintenance since acquiring the property (you may wish to include receipts, if applicable): 8) Assessment and the amount of taxes on the property: 9) Amount of mortgages and other encumbrances: 10) Income from the property: 11) Any other relevant facts particular to realizing a reasonable return: B. What evidence can you provide that the alleged hardship relates only to your property and not to a substantial portion of the zoning district? C. What evidence can you provide that the use variance will not alter the essential character of the neighborhood? D. What evidence can you provide that the alleged hardship has not been self-created? E. Why is the use variance you are requesting the minimum variance necessary and adequate to address the alleged hardship? ---PAGE BREAK--- 8. Certification I certify that the information submitted with the appeal is true to the best of my knowledge and belief, and that I have read and am familiar with those sections of the Town of Victory Zoning Ordinance that apply to this appeal. I also acknowledge that the Zoning Board of Appeals may visit the property and I specifically permit such visits. (Signature of Land Owner) (Date) USE SEQR Classification: Unlisted Type 1 Type 2 Environmental Assessment Forms Used: Short EAF Long EAF SEQR Determination of Significance: Negative Declaration Positive Declaration Building Permit Application # (if any): Date Received: Date of Hearing: GML 239 Review Required? Yes No GML 239 Determination: Town Planning Board Review Required? Yes No Town Planning Board Recommendation: