A variance in NY is granted by:
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The state legislature
The state legislature creates laws but does not grant individual variances. This represents a misunderstanding of the separation between legislative and administrative functions in land use matters.
Local zoning board of appeals
The governor
The governor's role is primarily at the state executive level and does not involve adjudicating local zoning matters. This option confuses state executive functions with local administrative processes.
The Department of State
The Department of State in NY handles real estate licensing and filing of certain documents but does not grant variances from local zoning requirements. This option confuses regulatory functions with zoning authority.
Why is this correct?
In New York, variances are granted by the local zoning board of appeals, as established in the New York State Zoning Enabling Law. This local board is specifically created to hear and decide appeals and requests for variances from local zoning regulations.
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