Tara Homes, Inc. v. Volz

Tara Homes, Inc., the petitioner in this article 78 proceeding, seeks an order annulling the decision of respondent Board of Zoning Appeals (Babylon) which denied its application to vary lot area and side yard requirements with respect to its property. The subject plot, consisting of what can be most conveniently referred to here as Lots 19 and 20, is located in a “ C ” Residence District and has dimensions of 40 by 100 feet. The Building Zone Ordinance of the Town of Babylon establishes a“C” Residence District under article V, and within that article fixes lot area minimum as 7,500 square…