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Statutory Balancing Test Properly Applied In Denial of Area Variance Re: Lot-Width

The Second Department determined the zoning board’s denial of an area variance re: lot-width had a rational basis and should not have been disturbed by Supreme Court. The Second Department explained how the zoning board is to apply the five statutory factors: “In determining whether to grant an application for an area variance, a zoning board must engage in a balancing test, weighing the benefit to the applicant against the detriment to the health, safety, and welfare of the neighborhood or community if the variance is granted (see Town Law § 267-b[3][b]…). The zoning board, in applying the balancing test, is not required to justify its determination with supporting evidence for each of the five statutory factors, as long as its determination balancing the relevant considerations is rational … . … The granting of the variances would have resulted in the creation of the most nonconforming lot in a unique neighborhood … , the requested variances were substantial … , and the hardship was self-created… .  Matter of Traendly v Zoning Bd. of Appeals of Town of Southold, 2015 NY Slip Op 03548, 1st Dept 4-29-15

 

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