Mitchell v. Zoning Board of Appeals

Lazer, J.P.,

dissents and votes to reverse the judgments and remand the matter to the zoning board of appeals for a new hearing, with the following memorandum, in which Cohalan, J., concurs. The primary issue in these article 78 proceedings brought by neighboring property owners is the right of the intervenor-respondent Christian Burckel to an area variance which would permit the division of his property into three lots instead of two. I find that the record does not support the variance granted. Burckel owns a parcel of property in the City of Yonkers consisting of over 80,000 square feet…