MATTER OF FENDELMAN v. ZONING BD. OF APPEALS OF THE VILL. OF SCARSDALE


178 A.D.2d 478 (1991)

In the Matter of Helaine Fendelman et al., Appellants, v. Zoning Board of Appeals of the Village of Scarsdale, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 9, 1991


Ordered that the judgment is affirmed, with costs.

In December 1987 the petitioners' contractor submitted building plans to reconstruct a deteriorated two-car garage for their single family house, which they had owned since 1968. Both the existing garage and the proposed garage met the five foot side yard setback requirement of the Village Code. When the plaintiff sought a certificate of occupancy after the garage was rebuilt, a survey revealed that the side yard...

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