Opn. No.

Hon. Andrew M. Harkness Corporation Counsel City of Canandaigua

You have asked for our opinion concerning the validity of the City of Canandaigua's charter provision that authorizes a board of zoning appeals and provides that the members are to be appointed by the Common Council. You note that section 81 of the General City Law authorizes a city that regulates land use to provide for a board of zoning appeals. You also point out that the authorization states that they mayor "may appoint" the board of appeals. Obviously, your charter provision is inconsistent with section 81 unless, as you…