Samon v. City of Utica Zoning Board of Appeals

Judgment unanimously reversed on the law without costs and petition granted. Memorandum: Petitioners, Walter and Mary Samon, are the next-door neighbors of respondents Theodore and Jean Kondzielawa on Sends Place in the City of Utica. The Kondzielawas applied for an area variance seeking to erect a carport that would extend to within six inches of the side lot line separating their property from petitioners’ property. The City of Utica’s zoning ordinance requires a minimum side yard setback of 10 feet. Respondent Zoning Board of Appeals, rejecting the findings and recommendations of the City…