Opinion
July 12, 1989
Appeal from the Supreme Court, Onondaga County, Reagan, J.
Present — Denman, J.P., Boomer, Green, Lawton and Davis, JJ.
Judgment unanimously affirmed without costs. Memorandum: Petitioner appeals from a judgment which confirmed the determination of the Zoning Board of Appeals. The determination granted a use variance to permit use of a 6.1-acre parcel of vacant land located in a R-2 residential district as an office complex. There is substantial evidence in the record to support the Board's findings that the land in question cannot yield a reasonable return if used only for the residential purpose permitted by the current zoning (see, Matter of Village Bd. v Jarrold, 53 N.Y.2d 254, 259-260), that the plight of the owner is due to the unique circumstance of the location of the parcel at the intersection of two primary roadways which precludes residential development (see, Matter of Jayne Estates v Raynor, 22 N.Y.2d 417, 425) and that the proposed use will not alter the essential character of the locality (see, Matter of Douglaston Civic Assn. v Klein, 51 N.Y.2d 963). Accordingly, since the determination of the responsible officials in the affected community has a rational basis, it is not arbitrary and is supported by the evidence, it must be affirmed (see, Matter of Cowan v Kern, 41 N.Y.2d 591, 598-599; Matter of Otto v Steinhilber, 282 N.Y. 71, 77-78; Matter of Commco, Inc. v Amelkin, 109 A.D.2d 794, lv denied 65 N.Y.2d 606).