Opinion
June 1, 1993
Appeal from the Supreme Court, Westchester County (Cowhey, J.).
Ordered that the order and judgment is reversed, on the law, without costs or disbursements, the determination is annulled, and the respondent Zoning Board of Appeals of the Village of Irvington is directed to grant the application and to issue to the petitioner's application for the area variance in question.
The evidence presented demonstrates that the petitioner's parcel was a buildable lot held in single and separate ownership which fully conformed with the zoning ordinance at the time the amendments were passed which rendered it nonconforming. Therefore, the petitioner has a vested right to use the now substandard parcel for residential purposes. Any consideration by the Zoning Board of Appeals of self-created hardship or economic injury was improper, and the Board's denial of an area variance on these grounds was arbitrary and capricious and an abuse of discretion (see, Matter of Pateman v Zoning Bd. of Appeals, 191 A.D.2d 568). Bracken, J.P., Balletta, Rosenblatt and Miller, JJ., concur.