Applicants initiated article 78 proceeding to review determination of board of zoning appeals denying application for lot-depth variance. The Supreme Court, Nassau County, annulled determination. Board appealed.
The Supreme Court, Appellate Division, held that there was no evidence that granting variance would produce undesirable change in character of neighborhood, adversely impact on physical and environmental conditions, or otherwise result in detriment to health, safety, and welfare of neighborhood or community.
Lot-depth variance should have been granted, absent evidence that granting variance would produce undesirable change in character of neighborhood, adversely impact on physical and environmental conditions, or otherwise result in detriment to health, safety, and welfare of neighborhood or community; subjective considerations of general community opposition was not rational basis for denial of variance.