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FINDINGS OF FACT
BOARD OF ADJUSTMENT, TOWN OF FRANCESTOWN
At the hearing held on October 13, 2011 at 7:30 p.m. at the Town Offices, lower level, concerning a request by Martell Retail Enterprises, Inc. for a variance to Article III, Section 1.1 of the zoning ordinance to permit the expansion of a non-conforming use in the Village District beyond the 20% allowed by the ordinance on property located at 74 Main Street, Map 13, Lot 19, the Board made the following findings of fact:
- No evidence of diminution in value to abutting properties. No abutters opposed.
- No evidence the private loss is offset by public gain. Substantial justice is done by the grant of the requested relief.
- The public interest is satisfied by the demonstration of adequate facilities for the proposed expansion and the significant role the store plays within the community.
- The spirit of the ordinance is met as the ordinance allows expansion of non-conforming uses.
- An unnecessary hardship is established by the applicant as the ordinance’s provision in its application to the property does not relate fairly and reasonably to the general public purpose of the ordinance and there is no substantial relationship between the public purpose of the ordinance and the application to 74 Main Street. The history of use, the role in the community, the size of the building and the provision for adequate facilities demonstrate the elements of hardship. The proposed expansion is reasonable on all the facts and circumstances.
The Board unanimously agreed to these findings.
17 October 2011 _______________________
Silas Little for the Board
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