 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Thompson v. Carlson12/14/2005
. ft.)." However, a simple mathematical calculation reveals that 29' X 20' actually totals 580 square feet rather than the 373 square feet represented by the Application. The Application described the property as a café/lounge located on lot 12 on Tax Assessor's Plat No. 18 with an address of 575 South Water Street in Providence. The Application was silent on the question of outstanding violations.
The subsequent Notice for Public Hearing announced that, pursuant to Sections 201.5, 202.4, and 303-use code 58, the Applicant was requesting a special use permit to enlarge an "existing, legal non-conforming use." Specifically, it stated that the Applicant was proposing to construct "a new 373 square foot addition to the existing café/lounge to provide for the expansion of the existing restrooms and kitchen." The Notice also described the property as being on lot 12 on Tax Assessor's Plat No. 18, but listed the street as address 577 South Water Street instead of 575 South Water Street.
While there are multiple inconsistencies within the Application and between it and the Notice, this Court finds that there was substantial compliance with the notice requirements contained in § 45-24-18 warranting the Zoning Board's exercising jurisdiction over the matter. To begin with, as in Pascalides, the Applicant "was entitled to have its land treated as one lot for its purpose in seeking to obtain relief from the zoning board . . . ." Id. Accordingly, while the Notice incorrectly describes the "café/lounge" as being located in the Hot Club's parking lot, rather than in the actual building the outdoor seating of which extends over the boundary into the parking lot (see Tr. at 110), this Court finds that the error was akin to the typographical error discussed in Pascalides. Furthermore, although the Application alternately described the proposed construction as "29' X 20'" and "approx 373 sq. ft.," this Court finds that the Notice clarified what the Zoning Board was intending to review when it described the construction as being "a new 373 square foot addition . . . ."
This Court further finds that although the Application appeared to be seeking a variance rather than a special use permit, the specific sections of the Zoning Ordinance that it cited as being applicable concern the enlargement of nonconforming uses and use regulations. It appears that the Zoning Board may have noticed this inconsistency and clarified the Notice to reflect the fact that the Applicant was requesting a special use permit. Consequently, although the application could have, and should have, been clearer, this Court concludes that the Notice was adequate under the circumstances. See Paquette, 118 R.I. at 111, 372 A.2d at 974. Consequently, the Zoning Board had jurisdiction over the matter.
B. The Zoning Board's Decision
The Appellants maintain that the Zoning Board acted in excess of its authority by failing to comply with the provisions of the Providence Zoning Ordinance concerning the issuance of special use permits. Furthermore, they contend that the Zoning Board improperly enlarged an alleged legal nonconforming use, and that it did so based upon insufficient evidence in the record.
In its Decision, the Zoning Board stated that "the members of the Zoning Board of Review made an inspection of the above-described premises and also of the surrounding properties in the neighborhood." The Zoning Board then made the following findings:
1. The applicant testified that the expansion of the restrooms is forced by the requirements of the Americans with Disabilities Act.
2. The applicant has clearly shown that the hardship from which relief was sought is due to t
Page 1 2 3 4 5 6 7 8 9 Rhode Island Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|