Westgate Hotel, Inc. v. Krumbiegel

The appellant’s principal contention is one that is raised for the first time on appeal. He claims that, because the Health Department for nine years permitted Westgate to operate second-class dwelling units without kitchen sinks, this constituted a variance in fact which could not be revoked without just cause.

It is clear that from 1958 through 1967 the 17 rooms were classed as second-class dwelling units. A dwelling unit is defined by the ordinance as a habitable room or group of rooms with facilities which are used for living, sleeping, cooking, and eating of meals. A second-class dwelling…