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Court Upholds Conditions Imposed on Zoning Variance
Matter of Bonefish Grill, LLC v. Zoning Board of Appeals
NYLJ 9/29/17, p. 26, col.3
AppDiv, Second Dept.
(memorandum opinion)
In restaurant owner's article 78 proceeding challenging conditions imposed on a zoning variance, the zoning board of appeals (ZBA) appealed from Supreme Court's grant of the petition annulling the conditions. The Appellate Division reversed and denied the petition, holding that the conditions were directly related to the proposed restaurant use and were designed to protect neighboring properties.
Restaurant owner planned to demolish the existing building on a leased parcel to build a 5400-square -foot restaurant. The zoning ordinance would have required 54 off-street parking spaces, which the parcel could not accommodate. Restaurant owner then proposed to merge the lot with an adjacent one to take advantage of a provision of the zoning ordinance exempting restaurants from off-street parking requirements whenever the restaurant abuts a municipal parking field. The adjacent lot abuts a municipal field. Restaurant owner then obtained a building permit, and when the restaurant was substantially completed, the building department discovered that the lot merger had never been completed.
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