New Developments in the Law

Michael H. Sahn and Nicholas J. Cappadora Address What Is Needed to Obtain Gross Floor Area Variances

Michael H. Sahn, the Firm’s Managing Partner, and Firm Associate Nicholas J. Cappadora co-authored "Best Presentation Practices for Gross Floor Area Variances" for the September 2017 issue of Nassau Lawyer. The article discusses how local zoning boards often apply greater scrutiny towards bulk variances, specifically gross floor area variances, and what attorneys should know and do when seeking approval for a gross floor area variance.

Gross floor area measures the square footage of a proposed structure on a property, such as a house, garage or shed. Nearly all municipal codes restrict the gross floor area of structures, most frequently in the form of a floor-area restriction (FAR). The article discusses relevant case law and provides practical advice for attorneys when presenting a gross floor area variance.

Mr. Sahn and Mr. Cappadora suggest that the attorney work with their client and team of professionals to minimize the variance and its impact on the surrounding neighborhood. Examples include having the architect improve the design features to make it more in line with the character of the surrounding community and review building department records to determine whether other properties have been granted (or denied) similar variances.

Click here to read the article.

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