September 1, 2015

In Graziose v. City of Glen Code Zoning Board of Appeals, 127 A.D.3d 863 (2nd Dept. 2015) the court set aside the Zoning Board of Appeals’ (ZBA) denial of an area variance application, finding that the ZBA’s decision was irrational, arbitrary and capricious.  Interestingly, although the court noted that the requested variances were substantial, the court nevertheless reversed the ZBA denial, noting that “similar variance requests were granted for properties in very close proximity to the subject property, and the ZBA’s past pronouncements confirm that the character of the neighborhood would not be negatively affected by the granting of the variances.”

If you have any questions about land use/zoning issues or other real estate matters, please do not hesitate to contact an experienced attorney at (914) 338-8050. For more information about our firm please visit www.betenskylaw.com.