Posted by: Patricia Salkin | December 18, 2010

NY Appeals Court Upholds Area Variance Denial

Rossney claimed the ZBA acted arbitrarily and capriciously in denying their area variances and that the ZBA failed to conduct the statutory analysis required by the New York Village Law. The trial court dismissed the petition and the appeals court affirmed, finding that the ZBA properly balanced the benefit to the petitioner against the impact on the neighborhood, and it was well within their discretion to deny the area variance. The Court noted that the ZBA found that the variance sought would subdivide property into sub-standard lots, which was a substantial variance.  Further, the ZBA found that the difficulty was self-created, and that if the variance was granted there would be “an undesirable change in the character of the neighborhood.” Further, the ZBA determined that there would be adverse impacts on the environmental aspects of the neighborhood, and that there are other means available for the petitioner to achieve their goal. Thus, the court determined that the petitioner’s claims were without merit, as the ZBA had reason to deny the area variance.

Rossney v. Zoning Board of Appeals of the Village of Ossining,  2010 WL 5094740 (N.Y. A. D.  2 Dep’t, 12/ 14/2010)

The opinion can be accessed at: http://www.nycourts.gov/reporter/3dseries/2010/2010_09278.htm


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