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Appeal sheet for variance - Town of Colonie - colonie

Appeal sheet for variance - Town of Colonie - colonie 2025

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The document is an appeal to the Zoning Board of Appeals in the Town of Colonie, requesting an interpretation or variance regarding a denied Building and Zoning Permit. The appellant argues that unusual circumstances affecting the property warrant a modification of zoning laws, citing practical difficulties and asserting that granting the variance would align with the spirit of the law and not harm the neighborhood.

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Which of these is a variance that permits the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations?

Area variance shall mean the authorization by the zoning board of appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations.

What is a special use permit in NY State?

authorization of a particular land use which is permitted in a zoning ordinance or local law, subject to requirements imposed by such zoning ordinance or local law to assure that the proposed use is in harmony with and will not adversely affect the neighborhood if such requirements are met. Town Law 274-b.

What is a request for variance?

A variance is a request by a property owner to deviate from current zoning laws for any number of reasons. A zoning law, or zoning ordinance, is put in place by a local governing body to dictate how property in a particular area or zone can be utilized.

When a New York Zoning Board of Appeals is asked to grant a variance or a special use permit whats required?

USE VARIANCE STANDARDS 1) The applicant must prove that the property is unable to achieve a reasonable return for any use allowed in that zoning district. 2) The applicant must prove that unique circumstances apply to the property for which the variance is requested.

How tall can a fence be in the town of colonie?

The maximum height for fences in New York State is 10 feet. Is a permit required for a generator? All generators, both Residential and Commercial require a building permit.

What are the criteria for a use variance in NY?

Summary of Use Variance Criteria The applicant cannot realize a reasonable return on his/her property - this inability must be substantial as shown by competent financial evidence. The alleged hardship is unique and does not apply to a substantial portion of the district or neighborhood.

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