McLaren v. Schick

Judgment unanimously reversed, on the law, without costs and petition dismissed. Memorandum: In this CPLR article 78 proceeding, respondents, members of the Zoning Board of Appeals, appeal from a judgment annulling their determination denying petitioners’ application for an area variance and directing them to grant the application. The variance sought would permit an encroachment of 11 feet into the 25-foot setback so that petitioners could construct an addition to the front of their home. We reverse and reinstate the determination of the Zoning Board of Appeals.

It is well settled that before…