Monday, December 27, 2010
Another Area Variance in NY
About 10 days ago we examined and distinguished the approach taken by the state of New York in the consideration of area variances and the approach taken here in Tennessee. The earlier entry is here. In Rossney v. Zoning Board of Appeals of the Village of Ossining, 2010 WL 5094740 (NYAD Dec 2010), the New York Court considered and upheld another zoning board decision to deny an area variance. This one the board found to be self-created: almost no state will allow a variance for a self-created hardship. In Tennessee, the leading case is Union Trust v Williamson County, where a variance was denied under similar circumstances.