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Page 8--June 25, 1999 <br /> <br /> The board denied Conte's request, finding the property could be used for <br /> other purposes and Conte had not shown any hardship. <br /> Conte sued the board, seeking a court order requiring the board to give him <br /> a variance. The court dismissed the case, finding Conte failed to show that no <br /> permitted use would yield a reasonable return. <br /> Conte appealed. <br /> DECISION: Affirmed. <br />Conte couldn't keep the farm animals. He didn't prove unnecessary hardship. <br />Conte didn't provide "dollars and cents" proof that denial of the variance <br />would prevent him from realizing a reasonable return on the property -- such <br />as the purchase price, present value, property taxes, mortgage and liens, or <br />asking price if offered for sale. Conclusory statements to the effect that the <br />property couldn't yield a reasonable return without a variance because Conte <br />needed to raise animals to feed his family and that Conte couldn't transfer or <br />rent the property without first offering it to the former owners weren't enough <br />to prove unnecessary hardship. <br /> Conte also didn't prove he could keep the animals as a legal nonconforming <br />use. He didn't even claim, let alone prove, that farm ~.nimals had been kept on the <br />property continuously since before the town passed its zoning ordinance in 1973. <br /> Finally, that the animals were kept in a barn that was built with a valid <br />permit didn't give Conte the right to keep the animals. The permits didn't state <br />the barn was exclusively built, and could only be used, to house farm animals. <br />Regardless, the issuance of a building permit did not give an owner the right to <br />use property in a manner prohibited by a town's zoning laws. <br />Citation; Conte v. Town of No~folk Zoning Board of Appeals, Supreme Court <br />of New York; Appellate Div., 3rd Dept., No. 82980 (J999). <br />see alxo: Belgarde ~: Koche~; 627N. Y.S. 2d 128. <br /> <br /> Zoning Bulletin <br /> <br />To order Zoning Bulletin, call (800) 229-2084, or complete and return this <br />form to Quinlan Publishing Group, 23 Drydock Ave., Boston, MA 02210-2387, <br />or fax (800)' 539-8839. <br /> $99 (plus $5.8I s&h) ~ 1 year (24 issues) <br /> <br /> ~ New subscription ~: tD Payment enclosed <br /> [] Renewal subscription [] Bill me ZBN9 <br /> <br />Name <br /> <br />Organization <br /> <br />Address <br /> <br />City ' State <br />Phone Fax <br />Email <br /> <br />Zip <br /> <br /> <br />