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Lease III use‑variance request: ZBA keeps public hearing open after initial submissions
Summary
John J. Lease III requested a use variance for a 7,200‑square‑foot commercial building in a residential R‑3 district; the ZBA kept the public hearing open pending county referral and additional economic/hardship evidence, noting the stringent standards for use variances.
Applicant representatives Vince Pietrzak and Kevin Gagliano presented a request for a use variance to construct a 7,200‑square‑foot mixed‑use building on a parcel zoned R‑3. They submitted a broker’s opinion describing the parcel as adjacent to a commercial corridor and argued a commercial use was the highest‑and‑best use given site constraints, including proximity to a one‑hundred‑year flood zone.
Board counsel David Donovan and members reminded the applicant that use‑variance standards demand substantial evidence of hardship and that self‑created hardship is a critical consideration. The Board also noted that the County referral had not yet been received; for procedural and substantive reasons the ZBA kept the public hearing open to allow additional materials, including appraisal or financial proof, and to await the County response.
The Board did not act on the variance and will continue the public hearing at a future meeting when the applicant provides fuller evidence and the County referral is returned.
