 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Thompson v. Carlson12/14/2005
n it granted the special use permit. See 45-24-57(v) (requiring zoning ordinances to provide zoning boards with the power " o authorize, upon application, in specific cases, special-use permits, pursuant to § 45-24-42, where the zoning board of review is designated as a permit authority for special-use permits); see also Section 905.2(E) of the Providence Zoning Ordinance (requiring a traffic study for special use permits in W2 waterfront zoning districts). Furthermore, it failed to make the requisite findings for the issuance of such a permit. Specifically, there were absolutely no findings concerning the effect on the neighborhood properties or community. Also, while there was some evidence in the record concerning how the proposed construction would not obstruct access to, or views of, the water, no traffic study whatsoever was conducted as required by the Section 905.2 of the Providence Zoning Ordinance.
Given that there was a complete absence of the required traffic study upon which the Zoning Board should have made findings, this Court is unable to remand the matter for further proceedings based upon that insufficient record and, instead, must reverse the Decision. See Roger Williams College v. Gallison, 572 A.2d 61, 62 (R.I. 1990) (holding that the authority to remand "should not be exercised in such circumstances as to allow remonstrants another opportunity to present a case when the evidence presented initially is inadequate."). Additionally, because of the lack of a traffic study, coupled with the fact that the notice, application and record are replete with inconsistencies, the Applicants did not meet their burden of relief. Indeed, considering the inconsistencies in this case, it is not inconceivable that the Zoning Board became confused and applied the incorrect standard as a result of its confusion.
Conclusion
After a review of the entire record, this Court finds that the Zoning Board's granting of the special use permit was unsupported by the reliable, probative, and substantial evidence, was arbitrary and capricious, and was in violation of ordinance provisions. The Zoning Board's decision also was affected by error of law and was characterized by an abuse of discretion. Substantial rights of the Appellant have been prejudiced. Accordingly, this Court reverses the Zoning Board's decision.
Counsel shall submit an appropriate order consistent with this opinion.
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.
|
|