Agenda - Planning Commission - 05/06/2004

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Page 4 -- March 25, 2004 Appeal -- Developer drops variance request, challenges zoning ordinance Court rules it had to keep pursuing variance Cit~ztion: First Rz~ral Parmership LLP v. City of Howell, Court of Appeals of Michigan, ~Vol 241192 (2004) NFICHIG,4xN' (02/05/04) -- First Rural owned real estate in the city Of HoweLl. The property was zoned multi-family residential. First Rural unsuccessfully sought to rezone the property two times. It then applied for a use variance with the board 'of zoning appeals. When the board den/ed the variance, First Rural decided to drop its vari- ance request and challenge the zoning ordinance as applied to its land as an unconstitutional ~ ' Laking and inverse condemnation. First Rural sued, and the court ruled in the board's favor. The court found First Rural could not challenge the zorfing ordinance itself without continuing to pursue the variance issue. First Rural appealed, arguing to do so would be pointless. DECISION: Reversed. First Rural was free to abandon its variance claim. First Rural had the option to either pursue t_he vahance issue by appealing the adverse decision to the circuit court, or it could abandon the variance issue and merely sue in the circuit court challengSug the zoning ordinance itself, or both. Although First Rural might have limited its options by abandoning the vari- ance and only challeng4ng the rezoning, that was First Rural's decision to make. There was no law requixing a party to pursue an appeal to challenge the constitntionality of a legislative act of rezoning. Importantly, neither a city council's decision to rezone land nor a zoning board of appeal's decision to grant a variance were relevant to the consfitutionakity or unconstitutionality of an ordinance's provisions. see also: Para.gon Properties CO. v. Novi, 550 X W. 2d 772 (1996). see also: Stt~ Comm,miries v. Leroy Township, 617 N. W. 2d 42 (2000). Subdivision ~ Landowner wants to create three substandard lots Board believes lots wouM change neighborhood Cirasio~w Di?aci ;z Zoning Board of Appeats of~llage of Upper :Vyaclc, Supreme Co~trr or,Very Fbrk, ,4piP. Div., 2;qd Dept., iVo. 2002-07296 (2004) NEW YORK (02/02/04) -- DiPaci owned a piece of property in the vLltage of Upper Nyack that ,vas approximately 97,900 square feet large. The parcel was in a zoning distr~ct that required each lot to contain at least 40,000 square feet. DiPuci wanted to subdivide her property into tb~ree substandard lots. Con- :sequent!y, :she applied to the Zoning Board of Appeals for the village of Upper 132 2004 Ouinian P'zDiisi~ng Group. 4ny :eproducdon is prohibited, flor more information ,,3lease call (617) 542-0048.