Opinion
April 13, 1987
Appeal from the Supreme Court, Nassau County (Molloy, J.).
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.