Ny State Supreme Court, Monroe County Judge Denies Area Variance for Adult Bookstore

Summary


Where a property owner requested an area variance in order to build an adult bookstore in a residential area, he sought an annulment of the zoning board's denial. The court examined whether the board's decision had a rational basis and whether it was supported by substantial evidence in the record.

Reviewing the facts in Jan DeGroote v. Town of Greece Board of Zoning Appeals, New York State Supreme Court, Monroe County Judge David D. Egan determined the board's decision had a rational basis and was supported by substantial evidence. The judge denied the petition for annulment.

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Extract


Ny State Supreme Court, Monroe County Judge Denies Area Variance for Adult Bookstore

The Facts

The petitioner, Jan DeGroote, purchased the subject property on Nov. 1, 2004 and proposed to convert the existing building into an 11,000 sq. ft. adult bookstore. The property is located in the General Industrial District (IG District) in the town of Greece.

Greece Town Code Section 211-18 s...

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