A New York appellate court upheld the ZBA’s denial of area variances where the record revealed that the Board weighed the relevant statutory factors and determined that the variances would have an adverse impact on the surrounding neighborhood and that the alleged difficulty was self-created since the petitioner’s sole beneficiary also owned the neighboring 4,000 square foot lot. Further, the Court concluded that the determination had a rational basis and was not arbitrary and capricious. The Court also noted that the petitioner failed to establish that in essentially similar situations, the ZBA had granted variances to others.
Estate of Gravino v Young, 2010 WL 2816543 (N.Y.A.D. 2 Dept. 7/20/2010).
The opinion can be accessed at: http://www.courts.state.ny.us/courts/ad2/calendar/webcal/decisions/2010/D28174.pdf
