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Real Estate & Property Law

: Law of the Land

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

By Patty Salkin

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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 [...]

Full post as published by Law of the Land on March 05, 2011 (boomark / email).

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