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December 10, 2014 1 Volume 8 1 Issue 23 Zoning Bulletin <br />in immovable property subject to the zoning ordinance or variance at is- <br />sue, or in immovable property affected by the ordinance or variance." <br />Although Bass may have been impacted by the Board's decision, it <br />was not, concluded the court, "a person aggrieved." <br />See also: Hood v. Cotter, 5 So. 3d 819 (La. 2008). <br />Variances After applicants for <br />proposed restaurant are granted <br />off-street parking variance, <br />neighbor appeals <br />Neighbor argues variance request should <br />have been considered as use variance, not <br />an area variance <br />Citation: Colin Realty Co., LLC v. Town of North Hempstead, 2014 <br />WL 5285474 (N. Y. 2014) <br />NEW YORK (10/16/14)—This case addressed the issue of whether <br />requests for off-street parking variances should be evaluated by apply- <br />ing the standards for an area variance or by applying the standards for a <br />use variance. <br />The Background/Facts: Manhasset Pizza LLC ("Manhasset Pizza") <br />and Fradler Realty Corporation ("Fradler") (collectively, the "Ap- <br />plicants") sought to open a 45 -seat, full-service, dine -in restaurant in a <br />storefront in the unincorporated community of Manhasset in the Town <br />of North Hempstead, New York (the "Town"). Restaurants were permit- <br />ted in the zoning district in which the Applicants' building was located, <br />subject to the issuance of a conditional use permit. The storefront had <br />previously been used as a gift shop, which was also a peiiuitted use in <br />the zoning district. <br />The Applicants applied to the Town's Board of Zoning Appeals (the <br />"Board") for the conditional use petinit. They also sought variances <br />from the Town's off-street parking requirements. <br />The Board granted the conditional use permit, subject to certain <br />conditions. Treating the application for requested variances as a request <br />for area variances, the Board concluded that the benefit to the applicants <br />of granting variances from the Town Code's parking and loading/ <br />unloading restrictions outweighed the detriment imposed on the <br />community. The Board granted the parking variances. <br />Thereafter, Colin Realty, LLC ("Colin"), the owner of a multitenant <br />4 © 2014 Thomson Reuters <br />