2 min read
NY Appellate Court Affirms Denial of Area Variances Based on Neighborhood Character and Because the Requested Variances were Substantial
This post was authored by Amy Lavine, Esq.
The petitioner had requested variances from several different zoning requirements, including the regulations for lot area, lot frontage, front yard setbacks, rear yard setbacks, and minimum and total side yard setbacks, which it needed so that it could build a single faming home. The board of zoning appeals (BZA) denied its request for area variances, however, and the Second Department confirmed the BZA’s denial on appeal. As the court explained, there was sufficient evidence to support the BZA’s determination that there would be an undesirable impact on the character of the neighborhood…