Development

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.