Building permit and variance granted due to petitioner's lack of noneconomic concerns
Matter of Tappan Cleaners v Zoning Board of Appeals of Village of Irvington
An Article 78 appeal was commenced to review a determination of the Zoning Board of Appeals of Irvington (ZBA) upholding the issuance of a building permit and granting application of 53 Main Realty, LLC a variance to use combustible solvents in its laundry business. The Supreme Court granted the petition and annulled the determination of the ZBA leading to this Article 78 appeal.
When reviewing the initial ruling of the Supreme Court, the Court found that they erroneously determined that the petitioner had standing to challenge the determination of the ZBA because the petition failed to allege any clear noneconomic concerns. Instead, petitioner’s challenge was hinged on a fear of increased business competition. This type of interest is not protected by relevant zoning regulations. Though Petitioner claimed the building permit and variance would cause potential safety issues and reduce neighboring property value, these claims were conclusory and speculative and not sufficient to establish standing.
Accordingly, the Court reversed the judgment, with one bill of costs, confirmed the determination, denied the petition, and dismissed the proceeding.
Matter of Tappan Cleaners v Zoning Bd. of Appeals of Vil. of Irvington (2008 NY Slip Op 09806)
