Cortese v. Avis Rent a Car System, Inc.

Judgment unanimously modified on the law, petition granted and as modified affirmed without costs, in accordance with the following memorandum: Supreme Court erred in concluding that the determination of the Zoning Board of Appeals to grant a use variance was supported by substantial evidence. Before a zoning board may exercise its discretion and grant a use variance, the record must show, by evidence in dollars and cents form, that the land cannot yield a reasonable return if used only for its current use or any other uses permitted in that zone (see, Matter of Village Bd. v Jarrold, 53 NY2d 254 , 257-258; Matter of Moore v Nowakowski, 44 AD2d 901 , mod on rearg on other grounds 46 AD2d 996 ). In the subject case, the applicants demonstrated, by dollars and cents proof, that the property would not yield a reasonable return for its current use as a pizza bakery. They failed, however, to present that same type of evidence with respect to other permitted uses within the