Ames v. Palma

Judg*1078ment unanimously affirmed, without costs. Memorandum: Petitioner appeals from a judgment in an article 78 proceeding dismissing his petition to annul the determination of the respondent Zoning Board" of Appeals of Rochester denying a use variance. It is clear that petitioner intended to reassemble his pre-existing business upon the lots which he purchased in the R-2 zone and that he had knowledge that he was purchasing property for a prohibited use. The gasoline station was clearly an integral part of petitioner’s original plan, and as such his request for an enlargement of the station…