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Ames v. Palma

Appellate Division of the Supreme Court of New York, Fourth Department
May 28, 1976
52 A.D.2d 1078 (N.Y. App. Div. 1976)

Opinion

May 28, 1976

Appeal from the Monroe Supreme Court.

Present — Marsh, P.J., Simons, Mahoney, Dillon and Witmer, JJ.


Judgment unanimously affirmed, without costs. Memorandum: Petitioner appeals from a judgment in an article 78 proceeding dismissing his petition to annul the determination of the respondent Zoning Board of Appeals of Rochester denying a special exception. The zoning board correctly found that the size of petitioner's requested parking lot was too large for his business needs. An accessory use is defined in the ordinance as "A use naturally and normally incidental and subordinate to the main use of the premises." (Rochester Zoning Ordinance, § 115-6 [in effect at the time of petitioner's application].) An accessory use that is too large for an applicant's proven needs ceases to be naturally and normally incidental to the main use of the premises. While it may have been better practice for the zoning board to impose a limiting condition on the number of spaces in petitioner's lot, it appears that the board had no obligation to do so. Respondent's denial without prejudice indicates that it is receptive to another application from petitioner for a reduced number of parking spaces.


Summaries of

Ames v. Palma

Appellate Division of the Supreme Court of New York, Fourth Department
May 28, 1976
52 A.D.2d 1078 (N.Y. App. Div. 1976)
Case details for

Ames v. Palma

Case Details

Full title:JOHN AMES, Appellant, v. FRANK PALMA et al., Constituting the Zoning Board…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: May 28, 1976

Citations

52 A.D.2d 1078 (N.Y. App. Div. 1976)

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