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SAMON v. CITY OF UTICA ZONING BD. OF APPEALS

191 A.D.2d 1004 (1993)

594 N.Y.S.2d 512

Walter Samon et al., Appellants, v. City of Utica Zoning Board of Appeals et al., Respondents

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

March 12, 1993

Judgment unanimously reversed on the law without costs and petition granted.

Memorandum:

Petitioners, Walter and Mary Samon, are the next-door neighbors of respondents Theodore and Jean Kondzielawa on Servis Place in the City of Utica. The Kondzielawas applied for an area variance seeking to erect a carport that would extend to within six inches of the side lot line separating their property from petitioners' property. The City of Utica's zoning ordinance...

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