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ZBA Requires more setbacks than original required by code

Spring Valley, NY |

I Have a Land locked property with 2 easements to the street, The ZBA wouldn't allow me to build because there's not enough setback, the requirement is 10' clear which i have, but they say that a back lot require more!

Attorney Answers 3

Posted

Check to see if you can apply for a variance or a reasonable use permit. Most jurisdictions will allow waiver of certain exact compliance with regulations (via a variance or reasonable use) if there is no other way for a property owner to develop their property. Consider retaining an attorney to review your situation.

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Posted

If you have evidence the decision was arbitrary and capricious, you may sue under the constitution for a taking.

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Posted

Dear Spring Valley Property Owner:

If you already lost your application for a zoning variance on your landlocked property in the Town of Ramapo, ZBA, due to the size of the home you plan to build on the lot, then your attorney has told you that you either need to change your building plans or bring an Article 78 proceeding in Rockland County Supreme Court.

http://www.ramapo.org/page/building-planning-and-zoning-25.html

The standard for review in the Supreme Court of a final determination of the ZBA is "arbitrary and capricious."There is a short statute of limitations of four months and if that passes without the proper judicial review then there is no more right to go to court.

http://codes.lp.findlaw.com/nycode/CVP/2/217

Good luck.

The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.

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