North Shore Steak House, Inc. v. Board of Appeals
New York Court of Appeals
282 N.E.2d 606 (1972)
North Shore's leased restaurant property spanned a Business District and a narrow strip of a Residence District, and its existing parking within the Business District portion was insufficient for weekend demand; the Board denied both a special-exception permit for parking 25 feet into the Residential District and a hardship variance for further extension, finding no uniqueness in the property and adverse neighborhood impact.
Whether a special-exception permit granting a limited exception to zoning requirements for a portion of land that is split zoned only requires proof that the proposed use of the property is contemplated by the ordinance and that there are conditions attached to its use to minimize its impact on the surrounding area.