MATTER OF BELGARDE v. KOCHER


215 A.D.2d 1002 (1995)

627 N.Y.S.2d 128

In the Matter of Shirley G. Belgarde, Appellant, v. Warren Kocher et al., Constituting The Zoning Board of Appeals of the Village of Waddington, et al., Respondents

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

May 25, 1995


Casey, J.

At issue on this appeal is whether the Zoning Board of Appeals of the Village of Waddington (hereinafter the Board) abused its discretion by granting a use variance which permitted the placement of a mobile home on property located in a district where mobile homes are not allowed under the Village Zoning Ordinance. To obtain a use variance, the applicant must show (1) unnecessary hardship, (2) that the hardship results from the unique characteristics...

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