Balduf v. Michaelis

Respondent Board of Zoning Appeals moves to dismiss the petition in this article 78 proceeding for insufficiency. Petitioners are owners of properties adjoining or close to a night club. The property on which the night club is situated is zoned Business X as to 100 feet of its depth, and Residence B as to the remaining 50 feet of its depth. The owner and operator of the night club also owns an adjoining residential parcel. Application of the owner for a variance to permit use of the adjoining parcel for parking was denied by the Board of Zoning Appeals in a decision which noted the “…