When deciding an area variance application, a zoning board may consider the proposed use of the property and the purpose in seeking the variance. However, the zoning board cannot fail to account for the five-factor test mandated by statute (see General City Law § 81-b[4][b][i]-[v]; Town Law § 267-b[3][b]; Village Law § 7-712-b[3][b]) and typically included within the respective
Continue Reading Zoning Boards May Consider the Proposed Use and Purpose When Deciding Area Variance Applications, But Cannot Forget the Five-Factors
Zoning Boards May Consider the Proposed Use and Purpose When Deciding Area Variance Applications, But Cannot Forget the Five-Factors
