Posted by: Patricia Salkin | April 16, 2015

NY Appellate Court Upholds the Denial of an Area Variance as Supported by Substantial Evidence

The Court found substantial evidence in the record supporting the Zoning Board’s conclusion that granting two requested area variances would cause increased population density from the presence of an apartment building in a neighborhood comprised of single-family homes, that the variances necessary to accommodate an apartment building would be substantial, and that the petitioners’ difficulty was self-created because they were aware of the property’s zoning classification when they purchased the property.  Because the board reviewed the appropriate statutory factors in making its determination, and rendered its determination after considering the appropriate factors and properly weighing the benefit to petitioners against the detriment to the health, safety and welfare of the neighborhood or community if the variances were granted, the action taken by the Board was not illegal, arbitrary, or an abuse of discretion. Accordingly, the appeal was dismissed and the judgment of the trial court was reversed.

People, Inc. v City of Tonawanda Zoning Board of Appeals, 2015 WL 1280303 (NYAD 4 Dept. 3/20/2015)

The opinion can be accessed at: http://www.courts.state.ny.us/reporter/3dseries/2015/2015_02257.htm


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