Taback began building a vacation home on a parcel of wooded land. It was to be a three-story house, 31 feet high. This height violated the local zoning ordinance that limited residential homes to two and one-half stories, not exceeding 35 feet. When Taback learned of this violation, he applied for a zoning variance. Because of the delay of the zoning board and because winter was approaching, Taback finished the construction of the building as a three-story house. At a later hearing before the zoning board, he showed that it would be necessary for him to rebuild the third floor to convert the house into a two and one- half story house. The zoning board recognized that Taback’s violation could not be seen from neighboring properties. Was Taback entitled to a zoning variance? [Taback v. Town of Woodstock Zoning Board of Appeals, 521 N.Y.S.2d 838 (App. Div.)]
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