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1145 Town of Wappinger ZONING BOARD OF APPEALS Wapp1ngers Falls, New York 12590 RECEIVED MAR 1 1 1993 m t r i!i inn' & Ql) r llt r ELAINE ~NOWDEN Name' of Applicant: Pamel a Zi tz '/ TOWN ClehK Address: 5 Balfour Drive, Wappingers Falls, N.Y. 12590 Grid No.DI9-6157-04-8354l8 Location of Property: 5 Balfour Dr., Wapp. Falls, N.Y. Zone: 'R-2u Nature of Request: Seeking a variance of Article IV, Section 421.3 (1) Article 11, Section 200 of the Town of Wappinger Zoning Law to permit, a home occupation as a hairdresser on the property located at 5 Balfour Drive. Date of Advertisement: January 27, 1993 Date of Public Hearing: February 9, 1993 Place of Hearing: Town Hall, 20 Middlebush Road, Wappingers Falls, New York MEMBERS PRESENT: Joel Sasser Chairman Michael Hirkala Vice"Chairman James Brooker Member The matter having duly come on to be heard before a duly convened meeting of the Board on'the 9th day of February 1993 and the:facts, matters and evidence produced by the applicant, the Zoning Administrator and interested parties having been duly heard, received and considered and due deliberation having been had, the following are the ' , FINDINGS OF FACT: Alan Lehigh William Bitterlich Member Member Re: Pamela Zitz Appeal #1145 - Home Occupation as a hairdresser The subject premises are located in the R-20 district at 5 Balfour Drive in the Town of Wappinger, New York. The subject premises consists of a single family dwelling occupied :)by tee applicant Pamela Zitz. In addition to residing within thE! dwelling, the applicant has operated a beauty salon in the premises for the past fourtee,n (14,) years. Applicant became aware of the illegal operation of a beauty salon as a permitted accessory use under Section 421.3 of the Town, of Wappinger Zoning Ordinance. That a beauty salon is not included as a home occupation as defined in Section 200 of the Town of Wappinger Zoning Ordfnance and the ~pplicant was denied a variance for the operation of a beauty s~lon within the premises. That the evidence presented to the board including applicants medical history submitted by Yonkers Orthopedic Associates detailing applicants disabil- ity.as ,the result of an automobile accident. That the applicant has testified that due to her medical condition she cannot work outside of the home in her profession. That ap~roximately 16 ~ndividuals spoke at the public hearing, with a small minority objecting on the grounds of traffic volume and parking in the n~ighborhood and a majority espressino support of applicants request for a variance. The board has considered whether the applicant is deprived of all economic use or benefit from the property and has determined that the applicant will be unable to keep the property without the income derived from her occupatjon within the premises and that the hardship is unique and does not apply to a substantial portion of the neighborhood or . (over) THEREFORE,based upon the f1nding of fact, it is hereby ORDERED, that the application or appeal be and the same is hereby GRANTED , , The decision of the Zoning Administrator is hereby REVERSED Dated, Wappingers Falls, N.'Y. this 11th day of March 1993 Z STAT 'NEW YORK,,' COUNTY OF DUTCHESS ss: , On the 11 th day of', "MARCH 1.993 before me personally.. .. , Chairman:of the'Zoning Board of Appeals of the Town ,of Wap gers Falls, N. Y. to me known as the individu~l described in,andwho executed the foregoing statements, and aCknOWledg,ed"'~~AIL'WH~,fe ex~cuted the same. ' " '~,.: "~' ' Notary Public. State of New Yortc W , r.dl/ // / / J . cb Qualified In Dutchess County L-.::. ~ ttf1 JC::--- , No,4957286 '~ . N ' ComIlUiaion Exo~r~sOctober~ 1 ',otary Filed, -Ofl:1ce' of ~t~e ~To~ er, Wappingers FalAo Y. ' , , on 1/ r;f day of )!1:r' t//,. //j ? l '\ ~ ~UJf~~~- district, that the variance will not alter the essential character of the neighborhood as t~ere is no outside indication of a busi~e~s and that the hardship is not self created but is as"a result of ~pplicants medical condition. The Zoning Board of Appeals has declared themselves Lead Agency, and has declared a Negative DeG~~~auion~ba.adopted since it appears that there will be no significant impact on the envfronment. 1. No more than two customer cars to be at subject premises at any time. 2. No customer cars may be parked on the street and must use off street parking. 3. There shall be no expansion of the business. 4. There shall be no employees other than applicant. 5. The variance is granted to the applicant and will expire upon the sale of the premises or the vacating of the property by the applicant.