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MATTER OF KRAUT v. BOARD OF APPEALS OF VILLAGE OF SCARSDALE

43 A.D.3d 923 (2007)

841 N.Y.S.2d 369

In the Matter of DANIEL KRAUT et al., Respondents, v. BOARD OF APPEALS OF VILLAGE OF SCARSDALE, Appellant.

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

Decided September 11, 2007.

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

In determining whether to grant an area variance, a zoning board must engage in a balancing test weighing the benefit to the applicant against the detriment to the health, safety, and welfare of the neighborhood or community (see Village Law § 7-712-b [3] [b]; Matter of Sasso v...

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