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Pub. Hearing Feb. 22 2011 Determination


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Pub. Hearing Feb. 22 2011 Determination

Town's Determination regarding the 2/22/2011 Variance Request

The authenticated variance request application posted 3/18/2011 reflects the Town's determination on the variance request; and, is accompanied by the clerk's letter to the variance applicant explaining the Town's record of the proceedings.

Regulation §1.10(3)(b) of Hortonia's zoning ordinance adopted August 1996, amended December 2000, stipulates that "All actions or decisions shall be taken by resolution in which four members, present during the proceedings, must concur. Each resolution or decision shall contain a statement of the grounds forming the basis of such resolution or decision." At the 2/22/2011 public hearing the clerk stated that the determination has to be based on a set of facts from which conclusions are drawn that form the basis of the determination. This constitutes the zoning Board of Appeals resolution.

Without a written resolution, the office of the town clerk deems the resolution to be verbally expressed by the Board, and, the determination to be expressed by this resolution; and, absent any amendment to the record of the evening's proceedings, the resolution expressed by the Chairman of the zoning Board of Appeals is that Mr. Magadanz is not granted a variance. No action has been taken by the zoning Board of Appeals subsequent to counsel providing a legal opinion to Town officials indicating that a variance should be granted by majority; nor, has the zoning Board of Appeals given any indication that action would be forthcoming.

Please click the 'Download' button next to the GREEN arrow to download a PDF of the document. 

Document(s) related to this material:
!! CLICK HERE !! for variance request for 120-0283-00
!! CLICK HERE !! for minutes of 2/22/2011 public hearing
!! CLICK HERE !! for minutes of 3/8/2011 Town Board meeting
!! CLICK HERE !! for legal opinions regarding the proceedings