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185 / RECEIVED ZONING BOARD OF APPEALS TOWN OF WAPPINGER ACTION ON APPEAL Appeal No. ..........1k;\5................ Dated ...A:;).~:.i,t....J...Q.......l.~rJ 3 APR 111973 ELAINE H. SNOWDEN Appellant ........I1.):t:er-ei:~y....ipi.li;~....~...i~ut.o....c.;:~t..er........... Address........O.ld...~i.o.l.l.te.. .c.......................... ........ .....&h.r.u.'.l;)....O;;r.k.,.....~...~Ol:.:k..... .1.0.586.......................................................................................................................................................... A . f h Z . B d f A I "'''' ,.....~~ i 1 ., ,', 7.3 t a meetmg ate onmg oar 0 ppea s on .........................................".~....,..,"'.....,i,,~X'......................................, 19............, Appeal NO'............l.f~S...... was ronsidered and the fO'llO'wing action O'n the request fO'r: ~ A VARIANCE, D A SPECIAL USE PERMIT, 0 AN INTERPRETATION OF THE ZONING ORDINANCE, D AN APPEAL AS AN AGGRIEVED PERSON(S), was taken: I . VARIANCE: By resO'lution of the Board, it was determined that strict application of the Ordinance t;J:...~ ED would not produce undue hardship for these reasons: a. The property in question Q wauld GJ-~~~ield a reasonable return if limited to' the use permitted under the Ordinance, because: .................................................................................................................. b. The hardship created 0 is 0 is not unique and 0 would 0 would not be shared by all praperties alike in the vicinity af the prO'perty and in the same use district, because: .................. c. The variance [iJ would ~Q.~ change the character of the district, because: ..................... Tiherefore, it was further determined that the requested variance [3~~. be denied and that the previous decisiO'n O'f the Enforcement Officer rn be confirmed EJ-be"'reV'ets~tL~ 9.. SPECIAL USE PERMIT: By resolutian O'f the Board it was determined that the request for a Special Use Permit 0 be granted D be denied, pursuant to' article ........................, section ar subsection ....................., paragraph .................................... O'f the Zoning Ordinance and, therefore, the decision of the En- Jiarcement Officer 0 be reversed 0 be confirmed, because: ................................................................................................ J. INTERPRETATION: The Board adopted the following resolution which stated its interpretatiO'n of the Zoning Ordinance as requested in your appeal: ............................................................................................................ 4. AGGRIEVED PERSON(S): By resalutiO'n af the Board, the fallowing decision was made an yourc a;ppeal: ............................................................................................................................................................................................................................... Chairman, Zani g Board of Appeals >' ... ZONING BOARD OF APPEALS TOWN OF WAPPINGER NOTICE OF APPEAL Appeal No. .......l<f.9:......... Date ....dl/~./...13hhh. I....cl..,. fl.... ,. ... ..... IJIIiIl.dd ...... ................... """"h" Appellant ........................................................................................................................":".:--}\ ress.................................... ... _...........................J~l......~....~t.......m.....o._.............1.'.........10.,..................................................................... TO THE BOARD OF APPEALS: I c.) ......~,~.........~~................................................................................, appeal from a decision of the Zoning (name of appellant) Inspector, dated ..~~~~...~.~............., 19..."....., and do hereby apply to the Zoning Board of Appeals for: I!J 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 ............................................................................................. (street & no.) (lot no.) Town of Wappinger, N. Y. (zoning district) s........ It., I. PROVISION(S) OF THE ZONING ORDINANCE APPEALED ........................................ .t .. ..... .t ...,'..... ...... ...,..... ( indicate article, section or subsection and paragraph) 2. TYPE OF APPEAL (Complete relevant section).* a. A VARIANCE IS REQUESTED for the following reasons: I) Strict application of the Zoning Ordinance would produce undue hardship because: ft.'" ... ........nt 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: b. A SPECIAL USE PERMIT IS REQUESTED pursuant to article ...................., section or subsec' cion ................................., paragraph ................................. of the Zoning Ordinance to permit the following use on the above premises: c. INTERPRETATION of the Zoning Ordinance is requested because: #,) ,:Ie "'C""~~ d. AGGRIEVED PERSON(S) an appeal is requested because: /' J. OTHER REMARKS: " ,,'!,.,. _m_m___mmm_mmm__m__m__m~~~ .............................................................................................................................................................Jt............ .... ............................................... /,,~- f C/; - -,~ ~~d-t~ . The ITA!Ui:se= =~= Notice of ~mmm__ YLLmm_( ;. ~) Str~Ct application of the Zoning Ordinance wouod produce undue hardship because. a. It is vital to the saleE vo~~me, profits ana health of this new retail outlet that the various allied ser- vices to be offered are identified in block letters over the service bays. We submit that they would not constitute "advertisingtl in the fullest meaning of the word in that no brand name(s) would be involved but would simply inform the motoring public of the range of important automotive safety services rendered. The 14 inch high black block letters located over the service doors could not possibly offend the eye. The National Safety Council has struggled for years to bring the importance of proper tire and related auto maintenance to the attention of motorist. We must tell them "wheretl, in good taste. b. Adherence to the Ordinance limiting free-standing signs to 25sq. ft. in area would produce undue hardship in that the Uniroyal Tire Co, sign manufacturer produces only three sizes of this type of sign. The smallest sign measuring 15 sq. ft. in area would be entirely inadequate due to it's porposed location on ths traffic artery. On the other fltmd, we are not appealing for a variance to utilize the lar:~(~gt sign available measuring 84 sq. ft. but rather the mccliu;.l sized sign measuring 40 sq. ft. The cost of producing a custom-made 25 sq. ft. similar sign to conform to the ordinance would be prohibitive. Traffic moves "briskly" along Route Q in this area. It is vital that the key brand identification sign be rec- ognizable from a reasonable distance particularly in that it will not be located adjacent to the highway. Beyond that. the 40 sq. ft. sign would not exceod in size thoso of other retail establishments in the immedliate area such as Exxon. Texaco, Shell, Taylor Rental and Lee Miles, many of which are more advantageously located in relation to tlH.' highway. - - - - - - - ~ - ~ - - - - - - - ~ - In our letter of February 5, 1973 to the ZQning Administration we requested permission to install two illuminated panel signs measuring 3 ft. by 5 ft. on the north and south walls of the service building. . We are now withdrawing this request.