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MATTER OF HEITZMAN v. TOWN OF LAKE GEORGE ZONING BOARD OF APPEALS

309 A.D.2d 1126 (2003)

766 N.Y.S.2d 452

In the Matter of ROBERT J. HEITZMAN, Appellant, v. TOWN OF LAKE GEORGE ZONING BOARD OF APPEALS et al., Respondents.

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

Decided October 30, 2003.

Mercure, J.P.

In March 2002, petitioner's cottage, which was located in the Town of Lake George, Warren County, was destroyed by fire. Pursuant to the Town's zoning code, a nonconforming use, such as the cottage, may be rebuilt on the existing footprint without any variances if the nonconforming use is damaged by fire. Petitioner, however, concluded that rebuilding the cottage was impractical. He therefore applied for five area variances—rear setback, right...

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