Posted by: Patricia Salkin | July 17, 2015

NY Appellate Court Affirms Finding that ZBA’s Denial of Area Variances was Irrational, and Arbitrary and Capricious

This proceeding was brought pursuant to CPLR article 78 to review a determination of the City of Glen Cove Zoning Board of Appeals, which denied the petitioner’s application for area variances. The City of Glen Cove Zoning Board of Appeals appealed from a judgment of the trial court which granted the petition, annulled the determination, and remitted the matter to the City of Glen Cove Zoning Board of Appeals for the issuance of the appropriate variances.

The court first noted that in applying the statutory balancing test for granting area variances, a zoning board is “not required to justify its determination with supporting evidence with respect to each of the five factors, so long as its ultimate determination balancing the relevant considerations was rational”. While the City of Glen Cove Zoning Board of Appeals rationally concluded that the requested variances were substantial, there was no evidence before the ZBA to show that the granting of the variances would have an undesirable effect on the character of the neighborhood, adversely impact physical and environmental conditions, or otherwise result in a detriment to the health, safety, and welfare of the neighborhood or community. Moreover, similar variance requests were granted for properties in very close proximity to the subject property, and the ZBA’s past pronouncements confirmed that the character of the neighborhood would not be negatively affected by the granting of the variances. The court thereby upheld the determination that the ZBA’s decision to deny the petitioner’s application for area variances was irrational, and arbitrary and capricious

L & M Graziose, LLP v City of Glen Cove Zoning Board of Appeals, 127 A.D. 3d 863 (NYAD 2 Dept. 4/8/2015)

The opinion can be accessed at: http://www.courts.state.ny.us/courts/ad2/calendar/webcal/decisions/2015/D44923.pdf


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