Burke v. Village of Colonie Zoning Board of Appeals

Appeal from a judgment of the Supreme Court (Hughes, J.), entered December 9,1992 in Albany County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul respondent’s determination granting area variances.

After a public hearing on Anthony Marrello’s application *612for a use variance, which sought to use the residentially zoned portion of his property as additional parking for the restaurant located on the commercially zoned portion of the property, respondent denied Marrello’s application for a use variance and sua sponte granted him two area variances:…