Laserfiche WebLink
<br />Zoning Bulletin <br /> <br />Code-Zoning code prohibits building permits on lots) <br />without aCcess to existing road <br /> <br />Property owner claims right-of-way satisfies access requirement <br /> <br />Citation: Seiden v. Zoning Bd. of Appeals of Village of Ossining. <br />2007 WL 4328451 (N. Y. App. Div. 2d Dep't 2007) <br /> <br />NEW YORK (12/11/07)-Seiden purchased a substandard, va- <br />cant lot in the Village of Ossining. He intended to build a sin- <br />gle-family residence on the lot. The lot had frontage on a public <br />highway, but it did not have access to the street due to the to- <br />pography of the land. <br />Seiden applied to the village's zoning board of appeals for <br />necessary area and setback variances. In his application, Seiden <br />stated that he planned to gain access to the proposed dwelling by <br />a paved right-of-way that abutted the rear of the property. The <br />board denied his application based upon the lot's noncompliance <br />with a village ordinance. <br />Specifically, the village's zoning code provided that "[n]o build- <br />ing permit shall be issued for'the construction or alteration of any <br />building upon a lot without access to a street or highway as stipu- <br />lated" by a general law. Although Seiden's property had access to ) <br /> <br /> <br />THOMSON <br />* <br />VVEST <br /> <br />610 Opperman Drive. P.O. Box 64526. St. Paul. MN 55164-0526 <br />1-800-229-2084. .email: west.customerservice@thomson.com.west.thomson.comlquinlan <br />155N 0514-7905 . @ 2008 Thomson/West. All Rights Reserved. Quinlan™ is a Thomson/West brand. <br /> <br />2 <br /> <br />118 <br />