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Goshen Shopping Associates v. Zoning Board of Appeals

Appellate Division of the Supreme Court of New York, Second Department
Jul 1, 1985
112 A.D.2d 140 (N.Y. App. Div. 1985)

Opinion

July 1, 1985

Appeal from the Supreme Court, Orange County (Rubenfeld, J.).


Judgment affirmed, with costs.

The record sufficiently sets forth the facts and the bases upon which respondent's granting of the area variances rested, and the determination was supported by substantial evidence ( Conley v Town of Brookhaven Zoning Bd. of Appeals, 40 N.Y.2d 309). The fact that the property owner's hardship was self-created, although a factor, does not preclude the granting of area variances ( Matter of De Sena v. Board of Zoning Appeals, 45 N.Y.2d 105). Since the property did not meet minimum lot area requirements because of the municipality's relocation of a certain street prior to both petitioner's purchase of the property and the enactment of the zoning ordinance, self-created hardship existed only in the sense that the property was purchased after the lot was rendered substandard. Moreover, the property will be undevelopable without area variances ( see, Matter of New York Inst. of Technology v Tanen, 112 A.D.2d 164). Thompson, J.P., Brown, Weinstein and Kunzeman, JJ., concur.


Summaries of

Goshen Shopping Associates v. Zoning Board of Appeals

Appellate Division of the Supreme Court of New York, Second Department
Jul 1, 1985
112 A.D.2d 140 (N.Y. App. Div. 1985)
Case details for

Goshen Shopping Associates v. Zoning Board of Appeals

Case Details

Full title:GOSHEN SHOPPING ASSOCIATES, Appellant, v. ZONING BOARD OF APPEALS OF THE…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 1, 1985

Citations

112 A.D.2d 140 (N.Y. App. Div. 1985)

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