[Amended 2-27-1989 by L.L. No. 1-1989]
A.
Where the Board makes express written findings that extraordinary and unnecessary hardship will result from strict compliance with substantive portions of these regulations adopted after the acquisition of the land by the applicant and that the proposed variation from strict compliance with such portions of these regulations will not materially impair the accomplishment of the intent and purposes of the Village Plan, Chapter 224, Zoning, the Official Map or these regulations and will not unreasonably interfere with the health, safety and welfare of the Village or the reasonable expectations of neighboring property owners, it may vary such portions of the regulations in individual cases; provided, however, that the Board may not permit any variation in the procedural provisions of these regulations or with respect to the provisions of § 188-20, and provided further that the procedures specified in Subsection B of this section must be followed with respect to all applications for variances.
B.
No variation from these regulations may be permitted
except in accordance with the provisions of this subsection.
(1)
Each applicant for a variance from these regulations
shall file with the Planning Board an application specifying the precise
nature of the variance sought and demonstrating that the applicant
will be subjected to extraordinary and unnecessary hardship as a result
of substantive portions of these regulations adopted after the acquisition
of the land by the applicant. In the event that the claimed hardship
is economic, the applicant shall submit as part of the application
evidence of the price for which the property was acquired, the cost
of all improvements made thereto, the current value of the property
assuming the requested variance is granted and the current value of
the property assuming the variance is denied.
(2)
The original and five copies of the application shall
be filed with the Clerk or Secretary of the Planning Board. At least
one copy shall be filed with each of the Village Clerk and the Irvington
Public Library.
(3)
The Planning Board may require the applicant to supply
additional information pertinent to its duties. The failure to provide
such information shall be sufficient grounds to deny the application.
(4)
The application shall be deemed to be officially submitted
when the Planning Board determines that a complete application, including
such additional information as the Planning Board may request, has
been submitted.
(5)
Upon the official submission of an application, the
Planning Board shall fix a date, time and place for a public hearing,
which shall be not less than 20 nor more than 65 days after the application
is deemed officially submitted.
[Amended 3-4-1991 by L.L. No. 2-1991]
(6)
At or before the public hearing, the applicant shall file with the Planning Board an affidavit attesting that he or she has caused each affected property owner to be notified of the nature of the application; the date, time and place of the Planning Board meeting at which discussion of the application is scheduled to occur; and the availability of copies of the application for public inspection in the office of the Village Clerk and the Public Library; and that said notice was mailed not less than 14 days before the scheduled Planning Board hearing. Such notice shall be by a method of mail or a delivery service company providing proof of mailing or delivery. In the case of an application for a variance with respect to a subdivision into three or more lots or in which three or more dwelling units could be built or in which any building with a floor area (as defined in § 224-80 of Chapter 224, Zoning) exceeding 5,000 square feet could be erected as of right, the applicant also shall be required to publish notice of the application in the official newspaper(s) of the Village at least twice and to give notice by a method providing proof of mailing or delivery, to all record owners of land within 500 feet of the proposed subdivision, said notice and mailing to be completed not less than 14 days in advance of the public hearing. Absent the filing of an affidavit demonstrating compliance with these notice provisions, no public hearing may be held.
[Amended 4-7-2014 by L.L. No. 10-2014]
(7)
The Planning Board shall decide such application within
75 days after it is deemed to be officially submitted.
[Amended 3-4-1991 by L.L. No. 2-1991]
(8)
The burden of proving that a variance is warranted
in accordance with this section is on the applicant, who shall be
required to sustain that burden by clear and convincing evidence.
C.
In granting variances, the Board may impose such conditions
as will, in its judgment, secure substantially the objectives of the
standards or requirements so varied or modified.
Any person aggrieved by any decision of the
Planning Board under these regulations may apply to the Supreme Court
for review thereof by a proceeding under Article 78 of the Civil Practice
Law and Rules. The following shall be deemed aggrieved by any decision
of the Planning Board under these regulations in addition to such
other persons as may otherwise be deemed aggrieved by law:
A.
With respect to the approval of any subdivision or
variance, all affected property owners.
B.
With respect to the approval of any subdivision or
variance affecting a site of four or more acres in a residential district,
any resident of the Village who resides within 2,000 feet of the site.
C.
With respect to the approval of any subdivision or
variance affecting a site of two or more acres in a residential district,
any resident of the Village who resides within 1,000 feet of the site.
D.
With respect to the approval of any subdivision or
variance affecting a site with a site capacity of 25 or more dwelling
units in a residential district, any resident of the Village.
E.
With respect to the approval of any subdivision or
variance affecting a site abutting Main Street, the Hudson River,
the west side of the railroad district or the east side of the railroad
district between Bridge Street on the north and a line formed by projecting
the center line of Station Road at South Buckhout Street west to the
Hudson River, any resident of the Village.
