Board of Appeals Town of Elbridge. Date: Subject: SPECIAL PERMIT VARIANCE

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1 Board of Appeals Town of Elbridge Date: Subject: SPECIAL PERMIT VARIANCE Dear Sirs: I hereby request a meeting with your Board at the earliest possible date to discuss the above mentioned subject. Return to: Mr. John Moorehead Zoning Board of Appeals Town of Elbridge PO Box 568 Jordan, New York Signed: Address: Phone: 1

2 TOWN OF ELBRIDGE ZONING BOARD OF APPEALS GUIDELINES FOR VARIANCE AND SPECIAL PERMIT APPLICATIONS The Board of Appeals has adopted the following guidelines for the applicants seeking a variance or a special permit. Compliance with the following guidelines will in no way guarantee approval of an application. The Board of Appeals may request additional information. Applicants may schedule an informal meeting with the Board of Appeals to ascertain the need for application and/or type of application. Please refer to Board of Appeals Meeting Request Form. I. GENERAL CONDITIONS FOR ALL APPLICATIONS A. The Board of Appeals meets on the second Thursday of each month at 7:00pm, local time, at the Elbridge Town Hall unless; the Board of Appeals reschedules such meetings. B. The applicant, or the applicant s duly authorized agent, must appear at all public hearings held on the application. Failure to appear will result in an automatic denial. C. The burden of proof for all applications is on the applicant, who should be prepared at the time of the public hearing to describe the application, to state the necessity for the application, and to show compliance with the applicable tests for approval (see section III). D. The applicant (s) may seek the services of an attorney to file this application. E. A filing fee of $ must accompany this application. II. REQUIRED APPLICATION MATERIALS A. A complete package of application material must be filed with the clerk of the Town of Elbridge, not less than thirty (30) days prior to the date of the proposed public hearing on the application. B. An application to the Board of Appeals for a variance or a special permit will not be accepted until all the required material have been deemed to be complete and accurate. 2

3 1. Application forms shall be filled out completely and accurately. The form must be typed or printed and signed by the owner or owners of the premises, or their agent. If additional space is required to answer any of the questions, attach an additional sheet. Owner (s) is defined as the person (s) who has legal title, alone or with others, or exercises dominion or control over property, both real and personal. 2. When a person will appear at the public hearing top represent the owner (s) of the premises on an application, a letter shall be submitted from the owner (s) designating that person as agent. 3. In the case of an application on premises that is leased, a letter shall be submitted from the owner of the premises indicating an awareness of the application and consent to it. C. Additional Requirements for Variance applicants only. 1. Six (6) copies of tape location map. A professional engineer or a licensed land surveyor, showing all structures and setbacks on the premises, must prepare a tape location map for the property requiring a variance. 2. Six (6) copies of a scaled sketch showing all structures on the premises for which a variance is sought, and all structures on all abutting premises. A sample type of sketch required is on page 3. D. Additional requirements for Special Permit Applicants only. (See paragraph of the Town Municipal Code for permitted uses.) Six (6) copies of the applicable set of plans. 1. Location sketch 2. Plot plan to include: (a) lot dimensions (b) all structures (c) setbacks (d) parking (e) ingress an egress (f) all abutting properties 3. Plan showing intended use of alteration 3

4 SAMPLE SCALED SKETCH FOR VARIANCE All scaled sketches for the purpose of a variance application shall; contain the following information for the premises for which the variance is sought, and all abutting premises. 1. Front, side and rear property lines 2. All structures 3. Front, side and rear setbacks 4. Driveways 5. Easements 6. Any abutting roads 7. Proposed addition 8. North arrow and scale 4

5 A. Variance The basic approval of a variance application is the showing of practical difficulties or unnecessary hardships, depending on the type of variance being sought. The burden of proof for approval of the requested variance is upon the applicant not on the Board of Appeals. 1. An area variance is usually of the dimensional nature such as setback requirements, lot area requirements, density, etc. The basis of approval of an area variance is the showing of practical difficulties, which may include the following: a. How substantial the variance is in relation to the requirement b. The effect, if the variance is allowed, of the increased population density thus produced on available governmental facilities (fire, water, sewers, etc.) c. Whether substantial change will be produced in the character of the neighborhood or a substantial detriment to adjoining properties created. d. Whether the difficulty can be removed by some method feasible for the applicant to pursue, other than a variance. e. Whether, in view of the manner in which the difficulty arose and, considering all of the above factors, will the interests of justice be served allowing the variance. 2. A use variance seeks the approval for the utilization of a given property to be used for a use that is not allowable in that given district as defined by the zoning ordinance. A use variance may be granted only when it has been proven that literal application of the zoning ordinance will result in unnecessary hardship as defined below: a. The land in question cannot yield a reasonable return if used only for a purpose allowed in the zoning district. Proof of a more profitable return if the variance is granted is not, in itself, evidence of hardship. b. The modification (or use) to be authorized will not alter the essential character of the locality. c. The hardship must be unique and not shared by all properties of the zoning district or be the general condition of the neighborhood If the hardship is the result of improper zoning and is shared by others, then relief should be by amendment of the ordinance by the Town Board and not by the granting of a variance. d. The hardship must not be self-created. 5

6 A special permit is required for any special uses that are specifically provided for under the zoning ordinance. Special Permit uses are as follows: 1. In any district: a. Private clubs, golf course, and parks, playgrounds, and other recreational facilities which are privately operated but not for profit. b. Hospitals and nursing homes. c. Cemeteries. d. Charitable, educational, and governmental services. e. Tourist home, boarding, and/or rooming house. f. An air landing field and its necessary appurtenances. g. Excavation and topsoil removal on a temporary basis and subordinate to the development of a site for uses permitted in the district. h. Nursery schools. 2. In Agricultural Districts: a. Agricultural implement sales and services. b. Wholesale dairy product processing and manufacturing. c. Feed storage and distribution. d. Public golf course, camping sites, marinas, snowmobile courses and similar recreation. 3. In Residential R-2 Districts: Trailer courts. 4. In Business Transitional Districts: Outdoor theater. 6

7 5. In Industrial Districts: Dumps, junkyards, automobile graveyards and disassembly plants. In making its determination, the Zoning Board of Appeals follows Section 30.42C of the Town Municipal Code and will consider the following: 1. Lot area 2. Type of construction 3. Parking facility 4. Traffic hazards 5. Fire hazards 6. Offensive odors, smoke, fumes, noise and light 7. The general character of the neighborhood 8. The nature and use of other premises 9. The location and use of other building in the vicinity 10. Whether or not the proposed use will be detrimental to neighboring property ADOPTED July 9,

8 GENERAL MUNICIPAL LAW Section Every application, petition or request submitted for variance, amendment, change of zoning, approval of plat, exemption from plat or official map, license or permit, pursuant to the provisions of any ordinance, local law, rule or regulation constituting the zoning and planning regulations of a municipality shall state the name, residence and the nature and extent of the interest of any state officer or employee of such municipality or of a municipality of which such municipality is a part, in the person, partnership or association making such application, petition or request ( hereinafter called the applicant) to the extent known to such applicant. 2. For the purposes of this section, an officer or employee shall be deemed to have an interest in the applicant when he, his spouse or their brothers, sisters, parents, children, grandchildren, or the spouse of any of them: (a) (b) (c) (d) is the applicant, or is an officer, director, partner or employee of the applicant, or legally or beneficially owns or controls stock of a corporate applicant or is a member of a partnership or association applicant, or is a party to an agreement with such an applicant, express or implied, whereby he may receive any payment or other benefit, whether or not for services rendered, dependent or contingent upon the favorable approval of such application, petition or request. 3. Ownership of less than five percent of the stock of a corporation whose stock is listed on the New York or American Stock Exchanges shall not constitute an interest for the purposes of this section. 4. A person who knowingly and intentionally violates this section shall be guilty of a misdemeanor. (a) (b) Section eight hundred six of the General Municipal Law added by this act, shall apply only to application, petitions or requests as described therein which are submitted on or after the effective date of this action This act shall take effect September first, nineteen hundred sixty nine. 8

9 STATE OF NEW YORK COUNTY OF ONONDAGA being duly sworn, deposes and says: I have reviewed 809 of the General Municipal law, a copy of which has been furnished to me by the Elbridge Town Clerk, and am familiar with the provisions contained herein No state officer, or any officer or employee of the County of Onondaga of Town of Elbridge has any interest in the person, partnership or association making the application to which this affidavit is attached. Signature Sworn to before me this day of,. Notary Public 9

10 APPLICATION TO THE BOARD OF APPEALS Town of Elbridge PO Box 568 Jordan, New York A. Owner s Name, Address, Phone B. Agent s Name, Address, Phone C. Description of Property Involved 1. Address: 2. Date when purchased or acquired: 3. Tax number of parcel: 4. Size of parcel in acres: 5. Present zoning of parcel 6. Distance and direction to nearest major intersection: 7. Is property located within 500ft. of a municipal boundary? D. Type of Application (check whichever applies) 1. Area Variance (area, density, setback, etc.) 2. Use Variance 3. Special Permit E. Description of Variance Application 1. Complete description of variance sought: 2. Chapter Article Paragraph of Town of Elbridge Municipal Zoning Ordinance from which Variance is sought. 3. The practical difficulties (in the case of Area Variance) or unnecessary hardship (in the case of Use Variance) which will result to the owner (s) of the premises in the event that the variance is not granted: 10

11 F. Description of Special Permit Application 1. Chapter Article Paragraph of Town of Elbridge Municipal Zoning Ordinance for which Special Permit is sought. 2. A complete and thorough description of the proposal: I (we) hereby certify that I (we) am (are) the owner (s) and occupant of this property and that, to the best of my (our) knowledge, all the information is true and correct. Signature: Date: Signature: Date: (For Office Use Only) Date Received: Amount Received: By: (Title) Date of Hearing: Date of Decision: NOTICE OF DECISION Decision: 11

12 STATE OF NEW YORK COUNTY OF ONONDAGA TOWN OF ELBRIDGE In the Matter Of The undersigned, being the applicant (s) to the (Town Board, Board of Appeals, Planning Board*) of the Town of Elbridge for a (variance, change of zoning, amendment, approval of plat, exemption from a plat or official map, special permit, building permit, or permit*) issued under the provisions of the Ordinances, Local Laws, Rules or Regulations constituting the zoning and planning ordinances regulations of the Town of Elbridge, do hereby certify that I have read the provisions of Section 809 of the General Municipal Law of the State of New York, the County of Onondaga, or of the Town of Elbridge, or of any other municipality of which the Town of Elbridge is a part who is interested in the favorable exercise of discretion by said Board as to this application, except those named below: Name Address Signature of Applicant Street Address Post Office DATED: * Strike out inapplicable words. 12

13 AGRICULTURAL DATA STATEMENT (pursuant to NY Ag & Mkt Law 305-a; N.Y. Town Law & 283-1; N.Y. Village Law and N.Y. Gen. Mun. Law 239-m) Name: Address: Applicant Owner (if different from applicant) Name: Address: 1. Type of application: Special Use Permit ; Site Plan Approval Area Variance ; Use Variance ; Subdivison Approval 2. Description of propsed project: 3. Location of proposed project: Address: Tax Map No.: 4. List all farm operations which are both: (i) located within 500 feet of the boundary of the property upon which the project is proposed, and (ii) located in an agricultural district: (1) Tax Map No. (2) Tax Map No. Property Address: Property Address: Name: Owner Address: Name: Owner Address: 13

14 (3) Tax Map No. (4) Tax Map No. Property Address: Property Address: Name: Owner Address: Name: Owner Address: (5) Tax Map No. (6) Tax Map No. Property Address: Property Address: Name: Owner Address: Name: Owner Address: 5. Attach a tax map or other map showing the site of the proposed project relative to the location of the farm operation identified above. 14

15 (2/87)-Text SEQR PROJECT I.D. NUMBER Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I-PROJECT INFORMATION (To be completed by Applicant of Project sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME 3. PROJECT LOCATION Municipality County 4. PRECISE LOCATION (Street address and road intersections, prominent landmark, etc., or provide map) 5. IS PROPOSED ACTION: New Expansion Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: Initially acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER LAND USE RESTRICTIONS? Yes No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINTY OF PROJECT? Residential Industrial Commercial Agricultural Park/Forest/Open space Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY 9FEDERAL,STATE OR LOCAL)? Yes No If Yes, list Agency(s) and permit approval 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVL? Yes No If Yes, list agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? Yes No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor Name: Date: Signature: If the action is in the Costal Area, and you are a state agency, complete the Costal Assessment Form before proceeding 15

16 with this assessment. PART II-ENVIRONMENTAL ASSESSMENT (To be completed by Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN NYCRR, PART ? If yes, coordinate the review process and use the FULL EAF. Yes No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN NYCRR, PART 617.6? If no, a negative declaration may be superseded by another involved agency. Yes No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: ( Answers may be hand written, if legible) C1. Existing air quality, surface or ground water quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural. Archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wild species, significant habitats, or threatened or endangered species? Explain briefly: C4. A community s existing plans or goals as officially adopted, or change in use or intensity of use of land or other natural resources? Explain briefly: C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: C6. Long term, short term, cumulative, or other effects not identified in C1-C5? Explain briefly: C7. Other impacts (including change in use of either quantity or type of energy)? Explain briefly: D. IS THERE OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? Yes No If yes, explain briefly: PART III-DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability or occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination. Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency 16 Signature of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Preparer (If different from responsible officer)