Samaco East, Inc. v. Town of Clay Zoning Board of Appeals

Judgment unanimously affirmed without costs. Memorandum: Petitioners sought to expand the seating capacity of their restaurant by constructing a greenhouse-type addition in front of the structure. They applied to respondent Board for an area variance permitting further encroachment on the arterial highway setback requirement of the zoning ordinance by 15 feet and encroachment on the front yard setback requirement by 7.5 feet. Petitioners presented evidence that, without the variance, business profits would remain steady or decline by as much as 15% and that, with the variance, profits would…