NY Appellate Court Annuls Variance Denial Where Board Failed to Engage in Required Balancing Test

Petitioners had been granted an area variance to construct a roof over the deck on the side of their house.  The Code Enforcement Officer determined that the petitioners exceeded the variance by using materials that at least temporarily enclosed the deck on three sides.  The petitioners then applied for a second variance for the additional construction, and such variance was denied.

For full article, click [HERE]| Law of the Land

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