Gerling v. Board of Zoning Appeals

This is a proceeding under article 78 of the Civil Practice Act to review and annul a determination of the Board of Zoning Appeals, made after a hearing, granting a variance to permit John Hinerwadel, the intervenor, to construct and extend existing buildings thereby improving and expanding a present nonconforming, legally existing use.

John Hinerwadel is the owner of 31% acres of land in the town of Clay having a frontage of 863 feet on Fay Boad — a principal traffic artery which intersects U. S. Boute No. 11, a heavily commercialized area zoned as such, a short distance easterly of the…