He said the request was submitted in December 1999 and this is the fifth time the application has been before the Board due to a lack of a quorum. Mr. Banfi said the property is zoned HR-1. He said the setback from the water would be 35'. Mr. Banfi said a number of similar requests have been granted by this Board within this subdivision. He said the request is in order and qualifies for the variance.
Staff recommends the variance be granted subject to the reimbursement of the advertising fees.
Mr. Gitlen said the publication was submitted at least 15 days prior to the day of the hearing, and the Board is authorized to hear the variance proposal. 2.The literal interpretation of the provisions of the zoning regulations, zoning resolutions, or zoning ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the zoning regulations, zoning resolutions, or zoning ordinance. 3.The special conditions and circumstances do not result from the actions of the applicant. 4.The granting of the variance requested will not confer on the applicant any special privilege that is denied by the zoning regulations, zoning resolutions, or zoning ordinances to owners of other lands, structures, or buildings in the same district. The Board shall make a finding that the reasons set forth in the application justify the granting of the variance and that the variance is the minimal variance that will make possible the reasonable use of the land, building, or structure.