Opinion
December 21, 1990
Appeal from the Supreme Court, Erie County, McGowan, J.
Present — Dillon, P.J., Doerr, Green, Pine and Davis, JJ.
Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly granted the petition and annulled a variance which permitted construction of a second single-family home on a lot adjoining petitioner's property. The only reason proffered by the applicant in support of the variance was that he desired to reside near his parents. Personal convenience, however, does not constitute a practical difficulty and is insufficient, as a matter of law, to justify the granting of a variance (see, Shields v. Zoning Bd. of Appeals, 164 A.D.2d 909; see also, Matter of Fuhst v. Foley, 45 N.Y.2d 441; Matter of Cucci v. Zoning Bd. of Appeals, 154 A.D.2d 372; Matter of Faham v. Bockman, 151 A.D.2d 665; Matter of Rembar v. Board of Appeals, 148 A.D.2d 619; Matter of McLaren v. Schick, 112 A.D.2d 732).