Stenzler v. Commerdinger

In this article 78 CPLE proceeding petitioner Stenzler asks that a denial of her application for a variance be reversed and the Board of Zoning Appeals of the Town of Smithtown be directed to approve it and issue an appropriate building permit.

Stenzler owns a parcel in the town the dimensions of which are 40 by 100 feet. The town’s zoning ordinance places this property in a 10,000 square-foot minimum area district. At the hearing petitioner showed her property to have been singly and separately owned since the enactment of the ordinance as a legal building plot. She requested a variance which…