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Real Estate & Property Law

: Law of the Land

Court Directs ZBA to Allow Petitioners to Maintain Nonconforming Use Despite Failure to Obtain Building Permit in the First Instance

By Patty Salkin

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The petitioner?s application for certain setback and area variances needed to maintain an existing cabana and retaining wall was denied by the zoning board of appeals.  Both the cabana and the retaining wall were completed prior to the Town amending its zoning ordinance, which makes the uses nonconforming since the cabana height is 14.97 feet [...]

Full post as published by Law of the Land on May 09, 2008 (boomark / email).

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