zoning variance dispute

[alison9617]

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?

 

[BelizeBreeze]

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?

 

[alison9617]

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.

 

[BelizeBreeze]

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.

 

[HomeGuru]

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.