Land Use & Zoning
In New York, a 'bulk variance' (area variance) is granted when:
AThe applicant proves the property cannot yield any return under current zoning
BThe applicant shows that strict application of dimensional requirements (setbacks, height, lot coverage) would create practical difficulties, and granting the variance would not cause substantial detriment to the neighborhood✓ Correct
CMore than 50% of neighboring property owners consent
DThe property is located in a designated hardship zone
Explanation
Under New York Town Law section 267-b, an area (bulk) variance allows deviation from dimensional requirements (setbacks, height limits, lot coverage). The applicant must demonstrate 'practical difficulties' — a lower standard than the 'unnecessary hardship' required for use variances. The ZBA considers benefits to the applicant vs. detriments to the neighborhood, feasibility of alternatives, and the nature of the variance.
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