Agenda - Planning Commission - 09/05/2002

Home

conducted public hearings and finally issued a resolution, inforraing the owner the cu~ent use of ~he properW violated the code mhd was inconsistent wi~ the p~or nonconforming use. The owner applied for a vaziance and wa~. denied. The owner appealed, and ~he lower cour~ annulled ~he resolu~ions, deter- mining ie nonconforming use wins not enlgged and the owner was entitled a variance. The appellate division afl, ned. The board appealed, maintaining its position be nonconforming use had been hnpen'nissibly e~arged. DECISION': R~-versed. The board's decision was upheld. The recorded evidence supported the board's decision that the cu~enr use of the warehouse wins not similar To the previous nonconforming use. The board was entitled to find the new hghdng design and-installation business was not the same use. as the former commer- cial moving and storage business. Thus, the nonconforming use was exceeded. While nonconforming uses were tolerated, the overriding policy of 'zoning was aimed at the eventual elimination of such uses. Citation: Matter of P.M.S. Axser~ L;d. v. Zoning Board of Appeals of !,Silage of ?~easan.wille, Court of Appeals of New ~brk, No. 86 (2002). see also: Syracuse Aggregate Corp. v. Weise, 414 zV.Z. 2d 651 (]980). Zoning Bulletin To order Zoning Bulletin, call (800) 229-2084, or complete and return this form to Quintan Publishing Group, 23 Orydoct( Ave.', Boston, MA 02210-2387, or fax (800) 539-8839. $92 (plus $9.81 s&h) ~ 1 year (24 issues) Q New subscription C] Payment enclosed CI Renewal subscription C] 8ill me ZBN2 Name Organization Address City State Phone Fax Zip I I I I I I I I I I I I '1 I I I I I I