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Variance For One Nonconfirming Use Does Not Require Grant Of A Variance For Another Nonconfirming Use

By Steven Silverberg and Katherine Zalantis

A court denied a use variance to conduct a motorcycle sales operation at a location which previously obtained a use variance to operate an antique furniture store. In Matter of 194 Main Inc. v. Board of Zoning Appeals for Town of North Hempstead, the Appellate Division affirmed the denial of a use variance, finding that the property owner had a self created hardship due to the fact that he purchased the property for a commercial use when he knew it was zoned for residential use. Further, the court held "the fact that a use variance was granted to the prior owner for the use of an antique furniture store could not have lead to a reasonable expectation by the petitioner that it could operate a motorcycle sales, storage, and display store under the prior use variance...continue to full post

Full post as published by New York Zoning and Municipal Law Blog on March 27, 2010 (boomark / email).