Posted by: Patricia Salkin | October 3, 2014

NY Appellate Court Upholds Trial Court’s Reversal of Zoning Board Decision over Proposed Subdivision Based on Interpretation of Code

Ogden Land Development submitted a subdivision application to the Village Planning Board to divide a 21,683 square foot triangular shaped lot in a residential district into two lots. The applicable Code requires every lot to have a minimum area of 10,000 square feet. The Building Inspector determined that the two lots would not conform to the Code provisions as each lot would only have one “side” lot line and therefore would fail to satisfy the definition of “Depth of Lot” in the Code, and further the “second line” would fail to satisfy an additional requirement that the “lot depth [be] ‘measured in the general direction of its side lot lines.’” Odgen appealed to the Zoning Board of Appeals which upheld the Building Inspector’s determination, concluding that the application would create two nonconforming lots. Ogden appealed again and the trial court overturned the determination concluding that the Zoning Board’s determination was irrational and unreasonable. The Village appealed.

The appellate court upheld the trial court’s determination finding that the two proposed lots did not lack a second “side” lot line. The Court relied on the “re-subdivision” map Ogden submitted that “depicts a bisected pie-shaped lot, with front, rear, and easterly and westerly side lot lines.”

Ogden Land Development, LLC v Zoning Board of Appeals of Village of Scarsdale, 2014 WL 4851737 (N.Y.A.D. 2 Dept. 10/1/2014)

The opinion can be accessed at: http://www.nycourts.gov/reporter/3dseries/2014/2014_06591.htm


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