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…)