Following denial of an application for an off-street parking area variance, the petitioner appealed. The appellate court noted that the record demonstrated that the Board of Appeals conducted the proper balancing test when determining whether or not to grant the parking area variance. The Board of Appeals found that the variance would change the character of the neighborhood and would ultimately have an adverse impact. Further, the testimony considered by the board was provided from area residents based on personal knowledge, and was not based on mere generalized community opposition. Additionally, the board’s determination that the requested variance was substantial because it would create a 41% deficiency in the number of off-street parking spaces was rational in light of the fact that this was a significant deviant from the requirement in the local zoning ordinance. Lastly, the Court noted that the fact that the difficulty was self-created , under the circumstances of the matter, was a particularly compelling factor in the denial of the variance. As such, the Court held that the Supreme Court properly denied the petition and dismissed the proceeding.
JSB Enterprises, LLC v. Wright, —N.Y.S.2d—, 2011 WL 668131 (2 Dept 2/22/2011)
The opinion can be accessed at: http://www.courts.state.ny.us/courts/ad2/calendar/webcal/decisions/2011/D30125.pdf
