Development

In neighbor's article 78 proceeding challenging grant of an area variance, landowner appealed from Supreme Court's grant of the petition. The Appellate Division reversed, holding that the zoning board of appeals (ZBA) had a rational basis for granting the variance.

Landowner owns a 16,871 square foot lot. In 2016, landowner sought to build a two-family residence with an accessory apartment. Local regulations only permitted such structures on 20,000 square foot lots. The ZBA granted landowner's application to build a two-family residence with the condition that it not include an accessory apartment. Four years later, after the two-family residence was completed, landowner applied for an area variance to construct an accessory apartment within one of the two existing units, ostensibly to provide his mother-in-law with a place to live near her daughter, who would reside in the primary unit. Although neighbors objected, the ZBA granted the variance. A neighbor then brought this article 78 proceeding challenging the grant of the variance. Supreme Court granted the petition.