Freitag v. Marsh

In an article 78 proceeding by an adjoining land owner to review the determination of the zoning board of appeals of the City of Yonkers granting a variance to interveners to permit the construction of a gas station, determination of the board of appeals reversed on the law and the facts, with $50 costs and disbursements, and determination annulled. In our opinion, the zoning ordinance does not empower the board of appeals to grant a permit for a gas station as a special exception. The proof was insufficient to justify the granting of the permit on the ground of practical difficulties or…