[DOWNLOAD] "Matter Village Bronxville Et Al. v. Clarence Francis Et Al." by Supreme Court of New York ~ eBook PDF Kindle ePub Free
eBook details
- Title: Matter Village Bronxville Et Al. v. Clarence Francis Et Al.
- Author : Supreme Court of New York
- Release Date : January 12, 1956
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
[1 A.D.2d 236 Page 237] This is a proceeding under article 78 of the Civil Practice Act and the Village Law to review the determination of the board
of appeals of the Village of Bronxville, which granted a variance in the terms of the local zoning ordinance so as to permit
the construction of a bank building containing floor area in excess of the amount permitted by the ordinance. The ordinance
permits total floor area not to exceed one and one-half times the area of the lot. In effect the variance, as granted, relieved
the intervenors from compliance with the "one and one-half rule" upon compliance with other imposed conditions. The board
found that there were practical difficulties and unnecessary hardships in conforming to the ordinance in that a new conforming
building would not provide a reasonable return on the fair value of the land and the building, that the age and condition
of the present buildings prevented a reasonable return during the brief remaining period of their usefulness, that there is
a consequent need for replacement, and that these facts make the hardship peculiarly severe and unnecessary.