Prepared by Southern Maine Regional Planning Commission

(MODEL)
NOTICE OF VARIANCE DECISION

This publication is presented for "Classroom Use Only."  Its intended use is to stimulate and aid in discussion and role playing within a classroom setting.

Date:________________

To:______________________

_________________________

Dear_____________________;

This is to inform you that the Appeals Board has acted on your application for a variance as follows:

Findings of Fact

1. The owner of the property is_____________________.

2. The property is located at__________, in the_____________zoning district,

identified as Assessor's Map___Lot___, and containing _____(acres/ sq. ft.)

3. The applicant is__________________, who has demonstrated an legal interest in the property by providing a copy of a_________(deed, option, etc.)

4. The applicant proposes to construct or add_____________on the subject property.

5. A completed application was submitted on_________________.

6. A public hearing was held on_________________.

7. Relevant sections of the ordinance are:

 

8. Dimensional standards required by the ordinance are:

 

9. The variance request consists of:

 

10. The land is being used as___________________________________________

11. The conditions and character of the neighborhood are:

 

12. The conditions of the property are:

 

13. The reasons presented by the appellant for the variance request are:

 

14. Other relevant facts include:

 

Conclusions

1. The land in question can/cannot yield a reasonable return because:

 

2. There are/are not unique circumstances of the property which are/are not similar to the general conditions in the neighborhood because:

 

3. The proposed use will/will not alter the essential character of the locality because:

 

4. The hardship is/is not the result of action taken by the appellant or a prior owner because:

 

Decision

Based on the above facts and conclusions, on____________(date), the Appeals Board voted to (approve/deny) your application for a variance.

If Approved:

Conditions of Approval

In order to further promote the purposes of the_______________Zoning Ordinance, the Appeals Board has voted to impose the following conditions on the approval of this application:

1.

2.

3.

 

If a variance is granted in a Shoreland district a copy shall be submitted to the State Planning Office together with evidence that all shoreland zoning protection standards in the ordinance have been met.

(The Code Enforcement Officer is now authorized to grant you the necessary building permits or certificates of occupancy, as appropriate. It is your responsibility to apply for these permits.)

If Denied, you can:

1. Substantially change your application and reapply for a variance;

2. Apply for an administrative appeal, if legally possible;

3. Appeal to Superior Court within 30 days of this decision.

Sincerely,

_______________________
Chairman

cc: Code Enforcement Officer
Municipal Officers