Following the approval of use and area variances by the zoning board, on appeal the appellate court reversed finding that for the use variance, the applicant failed to show by dollars and cents proof that they could not get a reasonable return from any allowable use under the existing zoning. Therefore, the court said there was no rational basis for the Board to grant the use variance and since that should have been annulled, the relate area variance should also have been annulled as academic.
Edwards v Davison, 2012 WL 1194288 (N.Y.A.D. 2 Dept. 4/10/2012)
The opinion can be accessed at: http://www.courts.state.ny.us/reporter/3dseries/2012/2012_02684.htm
Filed under: Current Caselaw - New York, Variances