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Zoning Board Properly Applied Balancing Test In Denying Area Variance

By Steven Silverberg and Katherine Zalantis

The Appellate Division found that a request for an area variance to park in the front yard of the petitioner's property would produce an undesirable change in the neighborhood and therefore the zoning board properly denied the requested variance. In Matter of Russo v. City of Albany Zoning Board, the Appellate Division Third Department held that the zoning board had properly applied the statutory balancing test (Town Law 267-b(3)) in reviewing the area variance application and therefore the decision should not be overturned. The petitioner initially claimed that he was parking in his front yard pursuant to a previously issued variance or permit. The City could find no record of any such permit or variance and since petitioner began using the space after the zoning ordinance prohibited parking in the front yard it could not be a legal non-conforming use...continue to full post

Full post as published by New York Zoning and Municipal Law Blog on November 28, 2010 (boomark / email).