Matter of Colin Realty Co., LLC v. Town of N. Hempstead

Applicants sought approval from the Town of North Hempstead Board of Zoning and Appeals (the Board) to place a full-service restaurant in a storefront that had most recently housed a retail gift shop. Restaurants in this area were permitted subject to the issuance of a conditional use permit. The Board granted the conditional use permit and an area variance from the Town’s parking and loading/unloading restrictions. Colin Realty, LLC (Colin), the owner of a multi-tenant retail building next to the property at issue, commenced this action seeking to annul the Board’s determination and obtain a declaration that the proposed restaurant required a use rather than an area variance from the Town’s parking and loading/unloading restrictions. Supreme Court denied the petition and dismissed the action. The Appellate Division affirmed. The Court of Appeals affirmed, holding that the Board properly considered the application as a request for an area variance rather than a use variance. View "Matter of Colin Realty Co., LLC v. Town of N. Hempstead" on Justia Law