ZONING BOARD OF REVIEW
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APPLICANT (S): ROBERT BISHOP
DATE: August11, 2009
FILE NO: 2009-08
A RESOLUTION GRANTING
A VARIANCE AT L0T: 35
ASSESSOR’S MAP: 211
WHEREAS, a meeting of the Burrillville Zoning Board of Review was held on June 9, 2009, wherein the instant matter was considered.
WHEREAS, ROBERT BISHOP: Applicant(s), and Robert Bishop, Owner(s) of property on 546 South Main Street, in the Village of Pascoag, Town of Burrillville, Assessor’s Map: 211 Lot: 35 in the R-20 & F-2 Zoning Districts has/have filed an application for a variance to build a garage. Zoning Ordinance 30-111 Table of dimensional regulations.
WHEREAS, all members of the Burrillville Zoning Board of Review viewed the property on or before the public hearing;
WHEREAS, the Burrillville Zoning Board of Review held a public hearing on this application at its June 9, 2009 meeting after due and public notice as provided under the Burrillville Zoning Ordinance and Rhode Island General Laws;
WHEREAS, at said hearing all those whom desired to be heard were heard and their testimony recorded;
WHEREAS, the Burrillville Zoning Board of Review finds as a fact that:
- Robert Bishop, applicant and owner, testified that he would like to construct a detached 3 car garage on his property. He stated that the proposed garage would have one 12’ door and two 9’ doors as well as an entrance door. The height of the garage would be 27 feet, and thus he was requesting 12’ height relief.
- Mr. Bishop testified that the purpose of this garage was for personal use only to store and repair his vehicles, with storage above for car parts. He said that there are 3 people at home and they all own vehicles. He added he was restoring his 1955 Chevy and would be storing car parts in the storage area above the garage.
- There was no public comment from the audience.
WHEREAS, THE BURRILLVILLE ZONING BOARD OF REVIEW has determined, based on the testimony presented at the hearing, the observations of the Board Members in viewing the property, and the findings of fact as set forth above:
- That the granting of the requested variance will not alter the general character of the surrounding area or impair the intent or purpose of the Zoning Ordinance or the Comprehensive Plan upon which the Ordinance is based as the applicant is requesting to build a garage in a residential zoning district.
- This variance will have no adverse impact on the development upon other land, including the type, intensity, design, and performance of activity due to the siting of the proposed garage.
- The hardship is not the result of any prior action of the Applicant or Owner and does not result primarily from the desire of the Applicant to realize greater financial gain as the applicant simply wishes to build a garage, with storage above, on a residential lot.
- That the relief to be granted is the least relief necessary as it has been determined by the Zoning Board that this applicant has demonstrated a need for a garage with storage above.
NOW, THEREFORE BE IT RESOLVED by the Burrillville Zoning Board of Review that the application as filed by the Applicant is GRANTED by a vote of 5 – 0 with no conditions.
Ken Johnson made a motion to grant a variance for 12 ft height relief for a detached garage from Zoning Ordinance 30-111 Table of dimensional regulations with no conditions. Sandra Cooney 2nd the motion. Michele Carboni, Ed Hochwarter, Jr., Sandra Cooney, Ken Johnson, and Raymond Cloutier all voted to pass the motion.
The Zoning Board Members discussed the case. They noted that the applicant has a private parcel, that it is common to have storage areas above garages, that the proposed garage would not be visible from the main road, and that the applicant owns over 5 acres of land.
John Patriarca voted to pass the motion based on the size of the applicant’s lot and as it would be improvement to the property to have a garage for storage. Ken Johnson, Michele Carboni, Sandra Cooney, and Raymond Cloutier all voted to pass the motion based on the testimony provided by the applicant.
The Zoning Board shall set down a record of findings of fact and shall make its decision in writing. No decision shall be final until it is filed in the Zoning Enforcement Office. All decisions shall be recorded in the land evidence records of the Town.
A variance or special use permit shall expire twelve (12) months from the date of approval by the Board, unless the applicant who has been granted relief obtains a building permit and is actively engaged in the project’s construction, or in case of “use variance” has actually put the subject property to said use.
BY ORDER OF THE BURRILLVILLE ZONING
BOARD OF REVIEW
_____________________________________________
Raymond Cloutier, Chairman
THIS DECISION WILL BE PUBLICLY POSTED IN
A VISIBLE LOCATION IN THE TOWN HALL FOR
A PERIOD OF TWENTY DAYS COMMENCING:
_______________________________________________
APPLICATION GRANTED
Vote 5 –0 with no conditions
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