White Plains Housing Authority v. Zoning Board of Appeals

The Zoning Board of Appeals has not stated any facts in the resolution authorizing the erection of the garage, and those facts which can be ascertained from the record do not establish that unnecessary hardship or difficulty is imposed upon the owner by the zoning ordinance. (Matter of Otto v. Steinhilber, 282 N. Y. 71.)

The board was bound by the zoning ordinance adopted after the hearing but before the determination. (Matter of Cherry [Isbister], 201 App. Div. 856, affd. 234 N. Y. 607.) That ordinance did not provide for the erection of new buildings in nonconforming areas. (§§ 5, 7.) The…