AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges

IN THE MATTER OF LAZER STROHLI, APPELLANT, v. ZONING BOARD OF APPEALS OF THE VILLAGE OF MONTEBELLO, RESPONDENT-RESPONDENT; LAWRENCE GOLDMAN, ET AL., INTERVENORS-RESPONDENTS.

DECISION ORDER

ORDERED that the judgment is affirmed, with costs.

The denial by the respondent Zoning Board of Appeals of the Village of Montebello (hereinafter the Board) of the petitioner's application for a building permit was a proper exercise of its discretion and is supported by the record (see, Matter of Lahey v. Kelly, 71 N.Y.2d 135 ). The petitioner was not entitled to the relief requested as a matter of right pursuant to the "single and separate" ownership exception contained in the Zoning Code of the Village of Montebello, because the petitioner's vacant, undersized tract of land was not a valid conforming lot at the time that the ordinance was passed (see, Matter of DeTroia v. Schweitzer, 87 N.Y.2d 338).

There is substantial evidence in the record to support the Board's conclusion that granting area variances for the construction of a single-family dwelling on the subject property would have a negative impact on the character of the neighborhood. The petitioner is presumed to have known the applicable zoning regulations at the time that he purchased the property (see,Matter of Weisman v. Zoning Bd. of Appeals of Vil. of Kensington, 260 A.D.2d 487 ). Thus, the hardships that may exist were self-created, a factor which was properly considered by the Board in denying the petitioner's application.

Use AI to get other relevant cases.

Comments

MATTER OF STROHLI v. ZONING BOARD OF APPEALS
(Apr 17, 2000)