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his property. I, personally, can see no other profitable use which might <br />be made of this piece of land other than use as a building site. In this <br />light, the Courts have held that where individual application of zoning <br />ordinances operates to deprive an owner of all profitable use of his prop- <br />erty, such zoning restriction is unreasonable as applied to such owner. <br />See Eaton v Sweeney, 177 NE 412. <br />In the case of Arverne Bay Construction Company v Thatcher, 15 NE 2d 587, <br />Judge Lehman stated in finding that the subject land could not be profitably <br />or reasonably used without violation of a zoning restriction, "an ordinance <br />which permanently so restricts the use of property that it cannot be used <br />for any reasonable purpose, goes, it is plain, beyond regulation and must <br />be recognized as an unconstitutional taking of the property. The only sub- <br />stantial difference in such case between restriction and actual taking is <br />that restriction leaves the owner subject to the burden of payment of taxes, <br />while outright confiscation would relieve him of that burden." See also <br />Milano v Town of Patterson, 93 N.Y. Sup. 2, 419. The Courts hold uniformly <br />that where the application of a zoning ordinance has the effect of depriv- <br />ing an owner of the beneficial use of his property, such application would, <br />in effect, amount to a confiscation of the land without compensation, and <br />in such an instance is unconstitutional. <br />It is my opinion that this is the situation in regard to the subject <br />piece of property, and to deny the owner a building permit would be to de- <br />prive him of all reasonable or profitable use of his land. <br />The above opinion may be summarized as follows-. <br />1. Frontage exists in all instances where property abuts a public <br />road, including those instances in which abutment is on the dead end of <br />a public road. <br />2. There is no requirement of 50 feet frontage in an R-1 zone. <br />3. A building permit should be issued to the applicant herein <br />despite denial of a variance permit to applicant. <br />Respectfully submitted, <br />Glenn A. Forbes - <br />Assistant City Attorney <br />of <br />