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Denial of Area Variance Upheld
Duke v. Brosnan, 2022 WL 1760277, AppDiv, Second Dept. (memorandum opinion)
In landowner's article 78 proceeding challenging denial of an area variance, landowner appealed from Supreme Court's denial of the petition and dismissal of the proceeding. The Appellate Division affirmed, holding that the zoning board of appeals (ZBA) had properly weighed the statutory factors.
Landowner sought a conditional use permit to use a building in a residential office district as a law office. In conjunction with the permit application, landowner sought a variance from the on-site parking requirements to permit only two parking spaces rather than the five required by the code. The ZBA denied the on-site parking variance, and landowner challenged the denial. Supreme Court upheld the denial.
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