Court of Appeals ruled BSA abused discretion in granting variance. GAC Catering Inc. purchased a single-family home at the intersection of Otis Avenue and Hylan Boulevard in Staten Island across the street from its catering business. GAC demolished the house and applied to the BSA for a use variance to build a two-story commercial photography studio to be used in conjunction with GAC’s catering hall. GAC claimed that commercial uses predominated the area, and that it was unable to sell or lease the property as a residence due to heavy traffic on Hylan Boulevard. GAC submitted an economic feasibility study demonstrating that a development in conformity with the lot’s R3-2 zoning would not yield a reasonable rate of return.

BSA granted the variance, and a neighbor filed an Article 78 petition challenging BSA’s determination. A lower court ruled that GAC’s hardship was self-created based on its prior knowledge of the lot’s zoning and annulled the variance. It found nothing in the record to support BSA’s determination that GAC’s lot was unique in comparison to similarly sized, residentially developed adjacent lots. The court added that while the area’s mix of commercial and residential uses may indicate the unreasonableness of the current zoning, it did not prove the uniqueness of GAC’s lot. The City appealed. (read more…)

Court finds record insufficient to allow commercial use on a Staten Island residential street. After purchasing a single-family house at the intersection of Otis Avenue and Hylan Boulevard in Staten Island, GAC Catering Inc. demolished the house and applied to BSA for a variance to construct a two-story photography and video studio to serve couples having weddings at its nearby catering hall. Despite the lot’s residential zoning, GAC claimed that commercial uses predominated the area and its broker’s attempts to sell or lease the property as a residence failed due to the heavy traffic on Hylan Boulevard. GAC also submitted financial studies showing that residential uses permitted without a variance would not be economically feasible.

After BSA granted the variance, Edward J. Vomero, GAC’s next-door neighbor on Otis Avenue, challenged the decision in court, claiming that GAC’s hardship was selfcreated since it knew when it purchased the lot that it was a residential property. Vomero explained that GAC purchased the property for $275,500, its current value was $384,000 and Vomero found a buyer willing to pay $415,000. Vomero added that he never witnessed a “for sale” sign on GAC’s lot. (read more…)