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HomeMy WebLinkAboutAP-2022-007 Tella Proposed FindingsOPTION 1 1.Owing to circumstances related to soil conditions, shape, or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located. The Petitioners respectfully submit, and suggest the Board could find, that the shape of the structures as shown on the 2014 certified/stamped site plan prepared by Peter McEntee and Terry Warner reflecting a lot coverage of 19.6% with a 16’x32’ pool which was found to be erroneous eight years later specifically affects such land or structures and does not affect generally the zoning district in which it is located. 2.A literal enforcement of the provisions of the zoning ordinance would involve substantial hardship, financial or otherwise to the petitioners. The Petitioners respectfully submit, and suggest the Board could find, that if the variance is not granted,the Petitioners would substantial hardship both financially and otherwise (in what the property was represented to be and the inability to utilize the property as represented). 3.Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the zoning ordinance. The Petitioners respectfully submit, and suggest the Board could find, that the three letters of from the neighbors’support that the relief will not be a detriment to the neighborhood. As a condition of the variance,the Petitioners agree to remove the asphalt driveway and parking (approximately 1017 sq.ft. of impervious material) and would replace it with pervious material (i.e. stone or shell), which condition would exist during the life of the variance. OPTION 2 In the alternative, and as the Board has done in past decisions, the Board could find that although no variance conditions were found under element No. 1 but specifically due to the rare and exceptional nature of the facts, the Board is willing to grant the relief of a variance so long as the decision is not appealed during the 20 day appeal period.