Pursuant to a building permit, the owner of the subject property had largely completed an addition to her house when the permit was revoked. She then applied for a permit for an expansion of her nonconforming use and a 28-foot side yard variance in accordance with the work already done. At the public hearing, the appellants, adjacent property owners, contended that the addition had a adverse impact on them. Both of the properties were built prior to the adoption of the zoning laws and the buildings on both properties are positioned close to the property line they share. The zoning board of appeals granted the requested area variance, and the neighbors commenced the proceeding claiming that the board’s determination was arbitrary, capricious and an abuse of discretion.
The appellate court upheld the determination since the zoning board engaged in the appropriate balancing test pursuant to the five enumerated statutory factors, and that the record revealed that the decision to the grant the variance had a rational basis and was not arbitrary, capricious or an abuse of discretion.
Adams v. Zoning Board of Appeals of the Town of East Fishkill, 2009 WL 2960767 (N.Y.A.D. 2 Dept. 9/15/2009).
The opinion can be accessed at: http://www.nycourts.gov/reporter/3dseries/2009/2009_06540.htm
