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Cayuga County Zoning Board of Appeals Sample Decision for Denying an Area 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 an area variance because the applicant wishes to which results in a (side yard setback, building stories, etc.) deficiency of (feet /percent/stories etc.) from the (feet/percent/stories) required in the district by the zoning ordinance; 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 board finds that the applicant has provided sufficient evidence to evaluate the subject application. NOW the Board hereby makes the following findings of fact and conclusions of law concerning said application 1. The subject property is zoned 2. (specify one or more of the following): A. an undesireable change will be produced int heneighborhood/community in that B. constitute(s) a detriment to nearby properties that would result from the granting of this variance. C. the benefit sought by the applicant could feasibly be achieved by the applicant in another way, namely, D. the requested area variance is (substantial/not minimal) in that E. the proposed variance will have an (adverse effect/impact) on the (physical/environmental) conditions in the neighborhood in that 1 of 2 ---PAGE BREAK--- f. the alleged difficulty which makes the variance desireable to the applicant is self-created in that g. the requested variance is not the minimum variance necessary and adequate while at the same time protecting the health, safety and welfare of the community and character of the neighborhood because 3. In light of the foregoing, having ballanced the benefit to the applicant against any detriment to the health, safety and welfare of the neighborhood or community if the variance is granted, the Board finds that the variance may not be granted. THEREFORE, the Board hereby denies the application for an area variance. 2 of 2