857
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NOTICE OF APREAlDVED
DEe 1 6 1985
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Appeal No. - .)
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Date
Appellant
CAN TEKBEN
ElAltlE H, SMOWDE. Home Mailing
Address 199 CEDAR AVE.
POUGHKEEPSIE, NEW YORK
Zip Code: 12603
Tel. #:462-3511
TO THE BOARD OF APPEALS:
I, Can Tekben , appeal from a decision of the Zoning Inspector. dated
8/15/85 , 19_ , and do hereby apply to the Zoning Board of Appeals for: 0 A VARIANCE, 0 A
SPECIAL USE PERMIT, 0 AN INTERPRETATION OF THE ZONING ORDINANCE. 0 AN APPEAL AS AN
AGGRIEVED PERSON(S) (check proper one), in connection with premises located at State Rt. 376
! ~,:.) S c; - 0 \ - (street & no.)
NE .,.i. c; ,478772 . Town of Wappinger. N.Y.
(zoning dist.) (grid no.)
1. PROVISION(S) OF THE ZONING ORDINANCE APPEALED
Article 4, Section 422
Note d. Twenty-~nirie (29) feet variance to allow 46 feet (nearest building corner to
(article, section or subsection and paragraph)
front line) while 75 feet is setback required fronting on a State road.
2. TYPE OF APPEAL (Complete relevant section)..
a. A VARIANCE IS REQUESTED for the following reasons:
1) Strict application of the Zoning Ordinance would produce undue hardship because:
2) The hardship created is unique and is not shared by all properties alike in the immediate vicinity of this property
and in this district because:
3) The variance would observe the spirit of the Ordinance and would not change the character of the district
because: *New building shall conform as nearly as practicable to existing adjacent
lots pursuant to Art. V, 120-15 (D) .'
b. A SPECIAL USE PERMIT IS REQUESTED pursuant to article . . section or subsection
. paragraph of the Zoning Ordinance to permit the following use on the
above premises:
c. INTERPRETATION of the Zoning Ordinance is requested because:
d. AGGRIEVED PERSON(S) an appeal is requested because:
3. OTHER REMARKS:
. PleaR~ RPP atta~hpn 'prrp~
(Use extra sheets if necessary)
Signature
~7db
. The required plan must accompany the Notice of Appeal.
APPELLANTS ARE RESPONSIBLE FOR THE COSTS INVOLVED IN PUBLISHING THE REQUIRED LEGAL
NOTICE IN THE LOCAL NEWSPAPER.
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ZONING BOARD OF APPEALS
TOWN OF WAPPINGER
ACTION ON APPEAL
Appeal No. 857
Dated December 12th. 1985
Appellant Can Tekben
Poughkeepsie, NY
Address 199 Cedar Avenue
12603
At a meeting of the Zoning Board of Appeals on December 10th , 19 85 , Appeal No. 857
was considered and the following action on the request for:ll A VARIANCE, n A SPECIAL USE PERMIT, 0 AN
INTERPRETATION OF THE ZONING ORDINANCE, 0 AN APPEAL AS AN AGGRIEVED PERSON(S). was
taken:
1. VARIANCE: By resolution of the Board, it was determined that strict application of the Ordinance C would C would
not produce undue hardship for these reasons:
a. The property in question 0 would 0 would not yield a reasonable return if limited to the use permitted under the
Ordinance, because:
b. The hardship created [J is LJ is not unique and 0 would LJ would not be shared by all properties alike in the
vicinity of the property and in the same use district, because:
c. The variance [] would 0 would not change the character of the district. because:
Therefore, it was further determined that the requested variance ~ be granted [] ee.eeaie6 and that the previous
decision of the Enforcement Officer [J e~H;eRHfffi@Ei ~ be reversed.
SEE ATTACHMENT.
2. SPECIAL USE PERMIT: By resolution of the Board it was determined that the request for a Special Use Permit 0 be
granted C be denied, pursuant to article . section or subsection , paragraph of the
Zoning Ordinance and, therefore, the decision of the Enforcement Officer 0 be reversed [] be confirmed. because:
3. INTERPRETATION: The Board adopted the following resolution which stated its interpretation of the Zorjng
Ordinance as requested in your appeal:
4. AGGRIEVED PERSON(S): By resolution of the Board, the following decision was made on your appeal:
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Chairman, Zoning Board of Appeals
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December 10th, 1985
At the December 10th, 1985 meeting of the Zoning Board of Appeals, a motion
was made by Mrs. Waddle to grant the request variance predicated on a favorable
response from the New York State Department of Transportation. Mr. Hirkala
seconded the motion.
Vote:
Mr. Landolfi - aye
Mr. Hirkala - aye
Mrs. Waddle - aye
The motion was carried.
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Joseph E. Landolfi, Chairman
Zoning Board of Appeals
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