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§ 18.54 AMERICAN LAW OF ZONING
<br /> ance.30 An area variance permitting deviation from yard and lot- which falls short c
<br /> area requirements was sustained where the application of such cannot be success
<br /> restrictions to a lot of irregular shape and size had discouraged maximum-height r
<br /> its development for a quarter of a century." An area variance Administrative ;
<br /> was warranted where the submachinegun shape of the lot made contiguous substan
<br /> it "wholly impractical to build any kind of substantial struc- bining them to mE
<br /> ture."s= regulations. In suc
<br /> The clearest case of hardship due to the literal application of be revised, and hE
<br /> zoning regulations is that of the substandard lot which cannot profit from his trai
<br /> be used for any purpose without relief from the restrictions. of his land.39
<br /> Whether the standard is practical difficulties or unnecessary (1963) (applicant's lot
<br /> hardship, the applicant for a variance can satisfy it in a case of the ordinance requit
<br /> this kind.-33 If the zoning regulations as applied to the land in Kryscnski v Shenkin,
<br /> issue result in sterilization of the land, there is a taking without 590, 148 A2d 58 (19;
<br /> frontage was substand
<br /> due process of law. Not only may a board of zoning appeals v Silberstein, 6 NY2d E
<br /> grant an area variance to relieve the applicant, but it is required 194, 159 NE2d 684 (19
<br /> to do so.34 lot lacked one foot o.
<br /> frontage); Fina Homes,
<br /> An applicant who shows that his land falls short of the son, 226 NYS2d 613 (:
<br /> minimum-frontage requirement of the zoning ordinance satisfies plicant's lot was 25
<br /> the requirement of practical difficulties or unnecessary hardship regulations required
<br /> and is entitled to a variance.-15 Corp. of An
<br /> Similarly, the owner of a lot wald, 20 Misc 2d 175,
<br /> (1959) (applicant's lot v
<br /> 30. Fulton v Board of Appeals, 158 33. Chater v Board of Appeals, 348 regulations required 70
<br /> NYS2d 434 (1956, Sup). Mass 237, 202 NE2d 805 (1964); Feld- A board of zoning
<br /> Where the zoning ordinance would man v Nassau Shores Estates, Inc., 12 grant a variance fron
<br /> impose 5-foot side yard requirements Misc 2d 607, 172 NYS2d 769 (1958), quirements where areE
<br /> on plaintiff's 25-foot wide lot, and the affd 7 App Div 2d 757, 181 NYS2d 79. are satisfied and wher,
<br /> neighborhood was composed of many It is an abuse of discretion to deny be made to conform on
<br /> lots with homes providing for side- an area variance to the owner of a tion of irregularly shap
<br /> yards ranging from one to sixteen substandard lot where permits have v Schoepflin, 46 Misc
<br /> feet, and there was testimony that a been granted, with and without vari- NYS2d 294 (1964), affd
<br /> fifteen foot wide home would have an ances, to a large number of lots in the 868, 259 NYS2d 297.
<br /> adverse effect on the adjacent proper- same subdivision, notwithstanding the An owner of a lot w.
<br /> ties, the ordinance was arbitrary as to fact that the hardship was created by 40 feet is entitled to a
<br /> plaintiff's land and she would be al- the applicant's grantor. Ozolins v the terms of an ordin
<br /> lowed to build with three foot side- Horn, 26 App Div 2d 555, 270 NYS2d frontage of 70 feet, ev
<br /> yards in addition to other conditions. 1001 (1966). owner, subsequent to 1
<br /> Ziman v Glencoe, 1 Ill App 3d 912, the ordinance, acquire
<br /> 275 NE2d 168(1971). 34. Peters & Whalen, Inc. v Schnet- strip with frontage of
<br /> zer, 194 NYS2d 333 (1959, Sup); Linc- chetti v Zoning Board
<br /> 31. Carlyle-Lowell, Inc. v Ennis, 330 ourt v Zoning Board of Review, 201 RI 532, 231 A2d 783(19
<br /> SW2d 164 (1959, Mo App); Gougeon v A2d 482 (1964, RI); Denton v Zoning
<br /> Board of Adjustment, 54 NJ 138, 253 Board of Review, 86 RI 219, 133 A2d 36. Mandalay Constr.
<br /> A2d 806(1969). 718(1957). ston, 9 App Div 2d 918,
<br /> (1959); Poster Advertisi
<br /> 32. Haas v Zoning Board of Adjust- 35. Lessner v Zoning Board of Ap- ing Board of Adjustmer
<br /> ment, 403 Pa 155, 169 A2d 287 (1961). peals, 151 Conn 165, 195 A2d 437 182 A2d 521 (1962).
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