Otto v. Steinhilber
Court of Appeals of New York
24 N.E.2d 851 (N.Y. 1939)
A property owner's land in the village of Lynbrook was split, with a smaller front portion zoned commercial along a busy highway and the larger rear portion zoned residential abutting a neighborhood; the owner sought a variance to build an ice skating rink spanning both zones, arguing that confining it to the commercial portion would block access to the residential portion and force patrons to park on nearby streets for lack of an on-site lot. Over 600 neighboring residents objected, but the zoning board granted the variance on unnecessary-hardship grounds, and intermediate appellate courts affirmed before the case reached New York's highest court.
Whether a zoning variance may be granted on grounds of unnecessary hardship where the owner can still make reasonable use of the property under the existing zoning, faces no hardship unique compared to similarly situated neighboring properties, and the proposed use would alter the essential character of the residential neighborhood.