Young v. Beales
Opinion of the Court
Judgment unanimously reversed, with costs, and determination of the Zoning Board of Appeals confirmed. Memorandum: Appellant Franchise Realty Interstate Corporation (Franchise) is a contract vendee under a contract to purchase a parcel of commercially zoned land in the Village of Newark, New York. The parcel is a portion of a larger parcel owned by Perfection Foods, Inc. Franchise proposes to build a restaurant on the subject parcel and although the proposed use is a permitted one, the parcel and plans do not comply with certain area requirements of the local zoning ordinance. It appears from the record that Perfection Foods, Inc., had more land but that because of its own business needs such land was not available to Franchise. Upon Franchise’s application and following an evidentiary hearing and appropriate findings the respondent-appellant Zoning Board of Appeals of the Village of Newark (Board) granted Franchise’s application for variances. The first variance permits a total lot area of 32,000 square feet while the ordinance requires 50,000 square feet; a second variance permits a lot depth of 160 feet while the ordinance requires 250 feet; and a third variance permits a setback of 16 feet while, the ordinance requires a setback of 80 feet. Petitioners-respondents, including a competing restaurant located across the street from the subject parcel, commenced an article 78 proceeding and Special Term reversed the Board’s determination, set aside the area variance, and held that “an owner cannot subdivide his property and create a substandard lot and then be relieved from the strict compliance of the ordinance because of practical difficulties (citing Matter of Chasanoff v. Silberstein, 6 N Y 2d 807; Matter of Kenny Development Corp. v. Kramer, 22 Misc 2d 122).” “'The
Case-law data current through December 31, 2025. Source: CourtListener bulk data.