The petitioner sought area variances that would subdivide the existing plot of land into three parcels, then to construct a single-family dwelling on each parcel. Each parcel would have fifty feet of width, which was far below the seventy feet required by the zoning code. The ZBA denied the requested variances and the trial court affirmed. On appeals, the Court found that the ZBA made a rational determination that the area variances sought were substantial and would have a negative impact on the community. Additionally, the court found that the surrounding neighborhood largely complied with the zoning code and the petitioner could make a profit on the property by building two homes instead of three.
Petikas v. Barnello, 910 N.Y.S. 515, (N.Y. A. D. 2 Dept 2010)
The opinion can be accessed at: http://www.nycourts.gov/reporter/3dseries/2010/2010_07942.htm
