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<br />March 15, 2007 I Volume 1 jNo.6 <br /> <br />The city approved t..he variance, determining that a mobile <br />home was not a "residence" under the ordinance. A neighboring <br />property olivner, Willis, objected to the construction of the truck <br />stop. Willis petitioned the court for an order that would overturn <br />the board's decision granting the variance. Ideal asked the court <br />to dismiss his claim, arguing that it was not made within the pre- <br />scribed time allowed for appealing variance decisions. It argued <br />further that Willis was not an aggrieved party and had no cause <br />of action. <br />The lower court found in favor of Ideal, finding that the 30- <br />day time limit within which an aggrieved party could have ap~ <br />pealed the decision had expired before Willis brought his claim. <br />Willis appealed. <br /> <br />DECISION: Affirmed. <br /> <br />State and local law contained provisions for the appeal of a <br />zoning decision by aggrieved parties. However, both provisions <br />required that the party file his or her complaint within 30 days of <br />the filing of the decision of the zoning board. <br />Here, the board made its decision on June 1,2005, and the de- <br />cision was filed on June 2. There was a public notice of the hear- <br />ing and its decision. Willis had 30 days from June 2 to file his ap- <br />peal, but it was not filed until July 6. Thus, the appeals court had <br />to affirm the decision of the lower court. <br />Because his appeal was disII1issed for being untimely, the court <br />did not reach a decision on whether Willis had standing as an ag- <br />grieved party. <br /> <br />Variance-Homeowner extends building without <br />permits or variance <br /> <br />Claims variances unnecessary because construction did not alter <br />building's footprint <br /> <br />Citation: Hannett v. Scheyer, 830 N. y.S.2d 292 (App. Div. 2d <br />Dep't 2007) <br />:NnW YORK (02/13/07)-Hannett owned property in the town <br />of Islip. Although his lot was substandard with regard to ex- <br />isting front- and side-yard setback requirements, the one-story <br />house on his property had a certificate of compliance. <br />Hannett raised the roof of his house and converted the attic toia second-floor living space, addi11g more than 400 square feet in <br /> <br />7 <br /> <br />159 <br />