Opinion
July 5, 1961
In a proceeding by property owners, under article 78 of the Civil Practice Act, to review and annul a determination of the Board of Appeals of the Town of Oyster Bay, which granted the applications of other property owners for area variances to allow an existing nonconforming residence to remain on a plot which has a width less than the width prescribed by the town zoning ordinance, and to erect two one-family dwellings on two adjoining plots, each of which has a width less than the width prescribed by the ordinance, the petitioners appeal from an order of the Supreme Court, Nassau County, dated April 18, 1960, affirming the determination and dismissing their petition. Order affirmed, without costs. In our opinion, the record sustains the conclusion of the existence of practical difficulties. An area variance may be granted on the ground of practical difficulties alone without a showing of unnecessary hardship ( Matter of Village of Bronxville v. Francis, 1 A.D.2d 236, and cases therein cited). Nolan, P.J., Beldock, Ughetta, Kleinfeld and Christ, JJ., concur.