Although the Grand Island Zoning Board gave Roger and Shirley Nye a variance which permitted them to build a roof over their deck, because the homeowners used additional materials to enclose the deck on three sides, a violation was triggered.
After their request for a second variance was denied, the Nyes filed a special proceeding challenging that decision and the Erie County Supreme County Court found in the homeowners' favor.
But since the underlying record was incomplete--in that such issues as "the health, safety and welfare of the neighborhood" hadn't been considered by the Zoning Board--the Appellate Division, Fourth Department, felt that the homeowners' request for an additional variance needed to be sent back for reconsideration.
Try deconstructing that!
To view a copy of the Appellate Division's decision, please use this link: Matter of Nye v. Zoning Bd. of Appeals of The Town of Grand Is.