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IN THE MATTER OF MILLER FAMILY LTD. v. TROTTA

23 A.D.3d 389 (2005)

806 N.Y.S.2d 74

In the Matter of MILLER FAMILY LTD. PARTNERSHIP, Appellant, v. FRANK C. TROTTA et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 7, 2005.

Ordered that the judgment is affirmed, with costs.

To qualify for a use variance premised upon unnecessary hardship there must be a showing that (1) the property cannot yield a reasonable return if used only for permitted purposes as currently zoned, (2) the hardship resulted from unique characteristics of the property, (3) the proposed use would not alter the character of the neighborhood, and (4) the alleged hardship was...

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