ZBA Requires more setbacks than original required by code

Asked over 1 year ago - 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)

  1. Steven Warren Smollens

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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-an...

    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... more
  2. Ryan Vancil Esq

    Contributor Level 13
    Best Answer
    chosen by asker

    Answered . 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.

  3. Alan James Brinkmeier

    Contributor Level 20

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

Related Topics

Building codes for real estate

Building codes are government rules on how buildings must be designed, constructed and maintained to ensure the safety of people living or working in them.

Real estate zoning laws

Zoning laws are rules that limit how a particular property may be used. For example, as single-family homes, multi-family buildings, commercial, or industry.

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