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Title: Matter Nicholas Petikas v. John O'Leary
Author : Supreme Court of New York
Release Date : January 25, 1991
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 65 KB

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DECISION & ORDER The petitioner claims that the Board of Zoning Appeals of the Town of Oyster Bay arbitrarily and unreasonably rejected his claim that the subject property was ""single and separate"" from adjoining premises, thereby entitling him to the variance as of right. Even if a merger had occurred, he argues that the variance should have been granted on the ground of ""practical difficulties"". We disagree. ""It is settled that where a lot has been held in single and separate ownership since a date prior to the enactment of a zoning ordinance which renders it substandard, the owner is entitled to a variance as of right"" (Matter of Ewers v Zoning Bd. of Appeals, A.D.2d [2d Dept., Sept. 24, 1990]; see generally, Anderson, New York Zoning ? 9.43 [3d ed]). But where the plots have ""merged"", the single and separate exception is inapplicable (see, Matter of Ewers v Zoning Bd. of Appeals, supra; Matter of Faranda v Schoepflin, 21 A.D.2d 801).