Legal Opinion

Wisnom v. Zoning Board of Appeals

Appellate Division of the Supreme Court of the State of New York

Decided December 21, 1990Published

1Opinion of the Court

Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly granted the petition and annulled a variance which permitted construction of a second single-family home on a lot adjoining petitioner’s property. The only reason proffered by the applicant in support of the variance was that he desired to reside near his parents. Personal convenience, however, does not constitute a practical difficulty and is insufficient, as a matter of law, to justify the granting of a variance (see, Shields v Zoning Bd. of Appeals, 164 AD2d 909; see also, Matter of Fuhst v Foley, 45 NY2d 441;…

2Cases cited6 opinions

  1. Fuhst v. FoleyNew York Court of Appeals · 1978
  2. Rembar v. Board of Appeals of East HamptonAppellate Division of the Supreme Court of the State of New York · 1989
  3. Faham v. BookmanAppellate Division of the Supreme Court of the State of New York · 1989
  4. Cucci v. Zoning Board of Appeals of the Town of HuntingtonAppellate Division of the Supreme Court of the State of New York · 1989
  5. McLaren v. SchickAppellate Division of the Supreme Court of the State of New York · 1985

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