MATTER OF SEUMENICHT v. ZONING BD. OF APPEALS OF THE CITY OF RYE


217 A.D.2d 632 (1995)

629 N.Y.S.2d 784

In the Matter of Karl H. Seumenicht, Respondent, v. Zoning Board of Appeals of the City of Rye, Appellant

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

July 17, 1995


Ordered that the judgment is reversed, on the law, with costs, the determination is confirmed and the proceeding is dismissed on the merits.

The petitioner, Karl H. Seumenicht, had a deck and above-ground pool constructed on his property without obtaining a building permit. As the deck and pool substantially encroached on rear and sideyard setback requirements of the applicable zoning ordinance, the petitioner applied for an area variance. The appellant Zoning Board...

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