The board is authorized to grant a variance upon proof before it of the following: (1) That the land in question would not yield a reasonable return if used only for a purpose allowed in that zone. (2) That the owner's plight is due to unique circumstances, and not to the general conditions in the neighborhood, which may reflect the unreasonableness of the zoning ordinance itself. (3) That the use applied for will not alter the essential character of the neighborhood. (
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MATTER OF LATHROP v. FERIOLA
276 A.D. 850 (1949)
In the Matter of Frank C. Lathrop et al., Petitioners, v. Ralph Feriola et al., Constituting The Zoning Board of Appeals of the City of Yonkers, Respondents, and Martin McGrath et al., Interveners, Respondents
Appellate Division of the Supreme Court of the State of New York, Second Department.https://leagle.com/images/logo.png
December 12, 1949.
December 12, 1949.
Appellate Division of the Supreme Court of the State of New York, Second Department.
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