AMICUS AI
Citation Codes
Equivalent Citations
citation codes
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

In the Matter of PAUL E. KAST, Appellant, v. DANIEL CASEY et al., Respondents.

Ordered that the judgment is affirmed, with costs.

Where a zoning ordinance provides an exception for construction on substandard lots which have been in single and separate ownership since prior to the adoption of the ordinance, as is the case at bar, the owner may build thereon as a matter of right only if the proposed construction complies with all other provisions of the ordinance (Matter of Pellati v Scheyer, 115 A.D.2d 606; Matter of Dittmer v Scheyer, 74 A.D.2d 828). Here, the petitioner's applications failed to show compliance with other provisions of the ordinance relating to matters such as parking and traffic safety and he was therefore not entitled to the variances sought as of right. Under the circumstances, and since the petitioner failed to establish that the denial of the variances would result in the infliction of either significant hardship or practical difficulty (see, Matter of Cowan v Kern, 41 N.Y.2d 591, rearg denied 42 N.Y.2d 910; Matter of Pellati v Scheyer, supra), the applications were properly denied. Mollen, P.J., Bracken, Brown and Sullivan, JJ., concur.

Use AI to get other relevant cases.

Comments

MATTER OF KAST v. CASEY
(Apr 13, 1987)