The zoning board appeals denied an area variance for parking that was associated with a mixed use residential and commercial property after the applicant requested the variance to allow for a dentist’s office in the commercial area. The appeals court found that the board properly applied the statutory factors in the balancing test for consideration of an area variance and that there decision had a rational basis and was not arbitrary or capricious.
Alcantra v. Zoning Board of Appeals of the Village of Ossining, 64 A.D.3d 774, 883 N.Y.S.2d 303 (2 Dept. 7/28/2009).
The opinion can be accessed at: http://www.courts.state.ny.us/courts/ad2/calendar/webcal/decisions/2009/D24092.pdf
