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Sherry v. Glass

Appellate Division of the Supreme Court of New York, Second Department
Oct 12, 1971
37 A.D.2d 849 (N.Y. App. Div. 1971)

Opinion

October 12, 1971


Proceeding pursuant to article 78 of the CPLR to review respondents' determination dated July 8, 1969, which denied petitioner's application for a variance to permit construction of a gasoline station on a parcel located partly in a commercial district (in which such use is permitted) and partly in a residence district (in which such use is not permitted). Determination annulled, on the law, without costs; petition granted; and respondents are directed to grant the requested variance. In our opinion, the record adequately established that the subject parcel cannot be used as now zoned; that this inability to use the property is due to unique circumstances; that a grant of the variance will not change the essential character of the neighborhood; and that public health, safety and welfare would not be served by a denial of the variance. Hopkins, Acting P.J., Latham, Christ, Brennan and Benjamin, JJ., concur.


Summaries of

Sherry v. Glass

Appellate Division of the Supreme Court of New York, Second Department
Oct 12, 1971
37 A.D.2d 849 (N.Y. App. Div. 1971)
Case details for

Sherry v. Glass

Case Details

Full title:JULIUS H. SHERRY, Petitioner, v. M. MILTON GLASS et al., Constituting the…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 12, 1971

Citations

37 A.D.2d 849 (N.Y. App. Div. 1971)