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Real Estate & Property Law

: Law of the Land

Court Overturns ZBA Denial of Variance for an Accessory Garage Since it Lacked a Rational Basis and was Arbitrary and Capricious

By Patty Salkin

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The town zoning ordinance provided regulations in an appendix governing lot area and lot width, front, side and rear yard requirements.  In addition, setback requirements for accessory buildings not attached to principal buildings, which differ from those in the appendix where also contained in another section of the ordinance.  The zoning board determined that the [...]

Full post as published by Law of the Land on January 09, 2010 (boomark / email).

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