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North Shore Steak House, Inc. v. Board of Appeals

New York Court of Appeals
282 N.E.2d 606 (1972)


Facts

North Shore Steak House, Inc. (North Shore) (plaintiff) leased a plot of land used for a restaurant. The plot of land had a depth of 286 feet from Summer Street. Under the zoning map, the first 200 feet was in the Business “B” District, and the remaining 86 feet was in the Residence “B” District, which was zoned for single-family homes. North Shore paved the available space inside the Business District for parking for the restaurant, but it did not have enough parking for the busy weekend periods. The restaurant had seats for 188 people, but only had parking spaces for 75 to 85 cars. North Shore applied for a special-exception permit and a hardship variance to increase the parking area. The special-exception permit would have permitted the construction of additional parking 25 feet into the Residential District portion of the property. The hardship variance would have extended the parking area into the remaining portion of the property in the Residential District. The Board of Appeals of the Village of Thomaston (defendant) found that the property was not unique or different from other split-zoned property in the village; the hardship, if any, was self-created; the evidence showed that the variance would have an adverse effect on the adjoining property; and that the parking area was sufficient. The board also determined that the special-exception permit would not be in harmony with the general purpose and intent of the zoning plan and scheme. The board then denied the requested permit and variance. North Shore appealed.

Rule of Law

Issue

Holding and Reasoning (Burke, J.)

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