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BOARD OF ZONING APPEALS JULY 2, 1980 PAGE 5 <br />.. <br />_ distinction in this home that can make it a hardship to continue using it <br />as a single family home. Chairman Ledvina advised that a petition was <br />submitted with approximately 225 signatures requesting that the variance <br />not be granted, plus other communications opposing the granting of <br />this variance. The audience was asked to comment. Several people spoke <br />against the variance. M. Gareau stated that the hardship involved in the <br />granting of the variance should be inherent in the property (size, shape, <br />etc. ) and that if the variance was not approved there would be a hard- <br />ship. The standard is not that this property is well suited to the <br />proposed use, the standard is that the hardship has to be related to the <br />property. The Board must determine that if the variance is not granted, <br />will West Haven then be deprived of a substantial property right, and if <br />the granting of the variance would be contrary to the provisions of the <br />code. All three of these should be considered. Mr. Hickman summed up <br />his previous arguments stating that 1) the property is well suited to this <br />use 2) to deny West Haven the variance is to deny them the right to func- <br />tion and 3) granting the variance will not be opening a flood gate since <br />each variance is granted on an individual basis. He also stated that <br />the residential nature of the property will be maintained and will be <br />under the scrutiny of the state and that each year the license will have <br />to be renewed. Mr. Martindale summed up by saying that homes for the <br />disabled are not new and that the task of the Board is to apply the law, <br />and that the law states that economic hardship of a purchaser or seller <br />is not a hardship which qualifies for the granting of a zoning variance, <br />and that there has been no hardship shown which meets the requirements <br />of the Zoning Ordinances. Chairman Ledvina advised that this case would <br />be continued until the next meeting. The Board will meet privately be- <br />fore the next meeting and render a decision 'at the next regularly <br />scheduled meeting. ? <br />The Meeting was adjourned at 10:32 p.m. <br />D. Ledvina,'Chai rman <br />B. 0 ring, Recording Secretary