Catholic Charities of Diocese v. Zoning Board of Appeals

— Judgment unanimously affirmed without costs. Memorandum: Petitioner applied to respondent Zoning Board of Appeals (Board) for a use variance that would eliminate from the zoning ordinance the "owner-occupied” status as it applied to the subject property. Petitioner was entitled to a use variance because it had demonstrated unnecessary hardship in that the property would not yield a reasonable rate of return unless the restriction were eliminated, the restriction had placed the owner in a unique plight, and elimination of the restriction would not alter the essential character of the…