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Vacancy Rate Is An Appropriate Criteria In Determining To Issue A Use Variance

By Steven Silverberg and Katherine Zalantis

In Matter of O?Connell Machinery Co., Inc v. City of Buffalo Zoning Board of Appeals, the court affirmed the granting of a use variance based upon the high vacancy rate of the property. The Appellate Division Fourth Department found that the property zoned light industrial was properly granted a variance to permit student housing, a hotel and other residential and commercial uses. The court held that the owner had proven hardship in ?dollars and cents form? by demonstrating that the ?property had been substantially vacant for 30 years? that ?only 10% to 15% of the space was occupied at the time of the applications and the prospects for expanding occupancy and generating sufficient revenue to cover necessary maintenance, repairs and improvements were marginal...continue to full post

Full post as published by New York Zoning and Municipal Law Blog on April 29, 2009 (boomark / email).