Legal Opinion

Richards v. Zoning Board of Appeals

Appellate Division of the Supreme Court of the State of New York

Decided January 10, 1955PublishedCited by 10 opinions

1Opinion of the CourtMurphy, J.

The question is whether a variance is required where setback restrictions limit construction of a dwelling to a width of eleven feet.

Respondent is the owner of a corner lot "with a frontage of forty feet on King Street and one hundred feet on Atlas Avenue, in the village of Málveme, Nassau County. Under section 505

of the village zoning ordinance, a twenty-five foot setback is applicable from each street, but the setback may be decreased on one side when authorized as a special exception by the board of appeals.

It is conceded that respondent, in order to conform to the foregoing setbacks and…

2Cases cited4 opinions

  1. Arverne Bay Construction Co. v. ThatcherNew York Court of Appeals · 1938
  2. Matter of Leone v. BrewerNew York Court of Appeals · 1932
  3. Hecht-Dann Construction Co. v. BurdenNew York Supreme Court · 1924
  4. Leone v. BrewerAppellate Division of the Supreme Court of the State of New York · 1932

3Cited by10 opinions

  1. Chevron Oil Co. v. Zoning Board of AppealsSupreme Court of Connecticut · 1976
  2. Fina Homes, Inc. v. BeckelNew York Supreme Court · 1960
  3. McDermott v. RoseAppellate Division of the Supreme Court of the State of New York · 1989
  4. Mandalay Construction, Inc. v. EcclestonAppellate Division of the Supreme Court of the State of New York · 1959
  5. Cambareri v. MichaelisNew York Supreme Court · 1959

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