Summary
In Slater v. Toohill, 276 App. Div. 850, 93 N.Y.S.2d 153, the court held that the purchaser under an agreement conditioned upon the procurement of the variance may be deemed to be the agent of the owner or an aggrieved person in applying for a variance.
Summary of this case from Arant v. Board of Adjustment of City of MontgomeryOpinion
December 12, 1949.
Present — Nolan, P.J., Carswell, Adel, Sneed and Wenzel, JJ.
Proceeding to review a determination of the zoning board of appeals, village of Port Chester, granting a variance by reducing setback restrictions and authorizing construction of an underground garage, as an incident of a garden type apartment house. Order affirming determination of the board of zoning appeals unanimously affirmed, with $50 costs and disbursements. In the light of the fact that the owner of the property participated in the hearings before the board, and affirmatively sought variance, the purchaser of the property under agreement conditioned upon the procurement of the variance, may be deemed to be the agent of the owner or an aggrieved person in applying therefor.