AP-2022-007 Tella Proposed FindingsOPTION 1
1.Owing to circumstances related to soil conditions, shape, or topography of such land
or structures and especially affecting such land or structures but not affecting generally the
zoning district in which it is located.
The Petitioners respectfully submit, and suggest the Board could find, that the shape of
the structures as shown on the 2014 certified/stamped site plan prepared by Peter McEntee and
Terry Warner reflecting a lot coverage of 19.6% with a 16’x32’ pool which was found to be
erroneous eight years later specifically affects such land or structures and does not affect
generally the zoning district in which it is located.
2.A literal enforcement of the provisions of the zoning ordinance would involve
substantial hardship, financial or otherwise to the petitioners.
The Petitioners respectfully submit, and suggest the Board could find, that if the variance
is not granted,the Petitioners would substantial hardship both financially and otherwise (in what
the property was represented to be and the inability to utilize the property as represented).
3.Desirable relief may be granted without substantial detriment to the public good
and without nullifying or substantially derogating from the intent or purpose of the zoning
ordinance.
The Petitioners respectfully submit, and suggest the Board could find, that the three
letters of from the neighbors’support that the relief will not be a detriment to the neighborhood.
As a condition of the variance,the Petitioners agree to remove the asphalt driveway and parking
(approximately 1017 sq.ft. of impervious material) and would replace it with pervious material
(i.e. stone or shell), which condition would exist during the life of the variance.
OPTION 2
In the alternative, and as the Board has done in past decisions, the Board could find that although
no variance conditions were found under element No. 1 but specifically due to the rare and
exceptional nature of the facts, the Board is willing to grant the relief of a variance so long as the
decision is not appealed during the 20 day appeal period.