Where the record revealed that the zoning board properly weighed the statutory factors and determined that the requested variance would create a detriment to the nearby properties, that the benefit sought be the petitioner could be achieved by some other method feasible to pursue other than an area variance, that the requested variance was substantial and that the alleged difficulty was self-created, the Court found that the board’s denial had a rational basis and was not arbitrary and capricious.
Power v Downes, 2010 WL 2000051 (N.Y.A.D. 2 Dept. 5/18/2010).
The opinion can be accessed at: http://www.courts.state.ny.us/courts/ad2/calendar/webcal/decisions/2010/D27413.pdf
