Appellate Division of the Supreme Court of New York, 2002

UOB Realty (USA) Ltd. v. Chin

UOB Realty (USA) Ltd. v. Chin
Appellate Division of the Supreme Court of New York · Decided February 7, 2002
291 A.D.2d 248; 736 N.Y.S.2d 874; 2002 N.Y. App. Div. LEXIS 1400
UOB Realty (USA) Ltd. v. Chin

Opinion of the Court

—Determination of respondent New York City Board of Standards and Appeals, dated August 8, 2000, which granted re*249spondent building owner’s application for a variance, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [William Davis, J.], entered November 9, 2000), dismissed, without costs.

The Board’s finding that the minimum variance necessary to remedy the subject premises’ inefficient elevator service is a new elevator bank to be contained in an external tower in the building’s rear yard is supported by substantial evidence of a unique physical condition rendering it impractical to install a new elevator bank in the premises’ interior space, namely, the construction of a large portion of the premises on pilings. We reject petitioners’ contention that the requirement of “unique physical conditions” in New York City Zoning Resolution § 72-21 (a) refers only to land and not buildings (cf., eg., Matter of SoHo Alliance v New York City Bd. of Stds. & Appeals, 95 NY2d 437, 440-441). We have considered petitioners’ other arguments and find them unavailing. Concur — Williams, J.P., Saxe, Ellerin, Lemer and Friedman, JJ.

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