Development

In neighbor's article 78 proceeding challenging grant of a variance, neighbor appealed from Supreme Court's denial of the petition and dismissal of the proceeding. The Appellate Division affirmed, holding that landowner's parcels qualified as pre-existing non-conforming parcels.

Contract vendee sought a variance to enable it to merge two adjoining non-conforming parcels, and to build a single-family residence on the merged parcel. Current zoning requires a minimum lot size of 200,000 square feet and a minimum lot width of 200 square feet. Zoning also required 40 feet of frontage on a road. Neither contract vendee's two parcels individually, nor the merged parcel, meets any of those requirements. The merged parcel would be 66,537 square feet, and would have access to a road through a right of way adjacent to one of the parcels. Contract vendee sought a variance to permit construction because both parcels had been held in single and separate ownership since before the current zoning was enacted. Neighbor objected, citing the negative impact the construction would have on her use and enjoyment of her parcel. The zoning board of appeals nevertheless granted the variances, and neighbor brought this article 78 proceeding. Supreme Court denied the petition.