Order reversed on the law and the facts, without costs, and matter remitted to the respondent Zoning Board of Appeals for the making of a determination consistent herewith.
In our opinion, the petitioner established practical difficulties and unnecessary hardship. Hence, the determination of the Zoning Board of Appeals denying the variance as to the height of the proposed building was arbitrary and capricious. (Cf. Matter of Vergara v. Campbell,
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