Former Apple Blossom Building May Become a Self-Storage Building
Peru – On Wednesday, January 15, 2020 at 7 p.m. the Peru Zoning Board of Appeals will consider granting use variance for the former Apple Blossom Florist building at 25 Pleasant St. Rulfs Orchard, LLC. has signed a contract to sell the building to a buyer who would locate self-storage units inside the building. The sale is contingent upon the use variance being granted.
While the building is in a residential area it has a long history of commercial use. Peru Farm Center and Apple Blossom Florist operated there for decades. In May 2017 Rulfs moved Apple Blossom Florist to the Bear Swamp Rd. and attempted tried to sell the property for commercial use. When that failed to sell they requested and were granted permission to offer it for sale as a two-unit multi-family structure. The property remains unsold.
Use variances must satisfy Zoning Law Section 707 D 2 b requirements:
No use variance shall be granted by a ZBA without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship the applicant must meet the requirements of Town Law Section 267-b, which as of the date of adoption of this zoning law requires the following: The applicant shall demonstrate to the ZBA that for each and every permitted use under the zoning regulations for the particular district where the property is located,
1. the applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence; and
2. the alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood; and
3. the requested use variance, if granted, will not alter the essential character of the neighborhood; and
4. the alleged hardship has not been self-created.
Posted: January 7th, 2020 under Business News, Zoning Board News.