Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > REAL ESTATE LAW > Neighbors & Boundaries

Powered by Attorney Pages


  Find An Attorney In Your Area    
 



Sign up for our Free Email Newsletter
For Email Marketing you can trust
Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 06-15-2004, 12:38 PM
alison9617
Guest
 
Posts: n/a

zoning variance dispute


What is the name of your state? NY-Poughkeepsie
I closed on my home a month and a half ago. My lot is approximately .16 acre and is bordered in the rear by a vacant lot that is approximately .27 acres. both lots were owned by the same person and they were combined at one point for tax purposes. They were subdivided approximately 3 weeks prior to my closing. Now the new owner (builder) of the vacant lot is seeking a .09 acre variance for my lot, so that his lot can be deemed buildable. (Zoning requires lots to be .25 acre) The wording on the variance application states that both lots are held in same ownership, but they are not. Can the zoning board grant a variance for my property regardless of my objections?
  #2  
Old 06-15-2004, 12:49 PM
Senior Member
 
Join Date: Jun 2004
Location: "Harvey and Me"
Posts: 25,177
What did your real estate attorney say when you asked this question? Or what did the zoning board say when you filed your complaint/objection?
__________________
Just because I'm a miserable human being doesn't mean I'm not right...
  #3  
Old 06-15-2004, 12:57 PM
alison9617
Guest
 
Posts: n/a
The zoning board adjourned because half of them didn't think they could issue a variance for property that was not at the owner's request. They said they were going to consult town counsel. My real estate attorney wasn't too helpful during the buying process and I'm reluctant to ask her advice now.
  #4  
Old 06-15-2004, 01:06 PM
Senior Member
 
Join Date: Jun 2004
Location: "Harvey and Me"
Posts: 25,177
Then go back to the zoning board and tell them that you wish to file a formal objection for the record. And that if such a variance is granted you will have no recourse but to take the matter up in court.

Also check the local city ordinances (Section 108-16) and become familiar with them.
__________________
Just because I'm a miserable human being doesn't mean I'm not right...
  #5  
Old 06-16-2004, 09:46 AM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 76,413
That is true. A variance request must be submitted by the owner or authorized agent of the owner. One can't file a variance request for someone else.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 08:41 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.