GIBBONS v. CITY OF BUFFALO ZONING BD. OF APPEALS


84 A.D.2d 930 (1981)

Raymond M. Gibbons, Jr., et al., Appellants, v. City of Buffalo Zoning Board of Appeals et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 13, 1981


Judgment unanimously reversed, with costs, and petition granted.

Memorandum:

The City of Buffalo Zoning Board of Appeals was without power to authorize the use of a portion of residential premises as a 10-feet-wide by 145-feet-long truck access driveway to loading docks situated at the rear of an abutting commercial premises. While "hardship" was assigned as the reason for the appeal to the zoning board, which granted what it termed a "variance" because of...

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