Zamiara v. Cutri

Judgment reversed on the law without costs and petition dismissed. Memorandum: Respondent contends that Special Term erred in annulling and reversing the determination of the City of Canandaigua Board of Zoning Appeals granting it a use variance. We agree.

Respondent on May 9, 1985 purchased a parcel of land straddling the border of the Town and City of Canandaigua. The major portion of the parcel is located in the town and is zoned for gas station and convenience store use. Though the smaller portion located within the city is zoned commercial, *994gas stations are prohibited. Respondent, upon…