MATTER OF CITIZENS AGAINST ILLEGAL ZONING v. ZONING BOARD OF APPEALS OF THE TOWN OF ROCHESTER


276 A.D.2d 897 (2000)

714 N.Y.S.2d 145

In the Matter of CITIZENS AGAINST ILLEGAL ZONING et al., Appellants, v. ZONING BOARD OF APPEALS OF THE TOWN OF ROCHESTER et al., Respondents.

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

Decided October 19, 2000.


Graffeo, J.

Respondent Richard Smith applied for a building permit to construct a 50-foot by 29-foot garage on his residential property located in the Town of Rochester, Ulster County. Smith, who is the owner of two adjoining lots totaling 3.43 acres in an R-1 zoning district, resided in a home on one of the parcels and intended to replace an existing detached garage with the proposed structure for the housing of two trucks used in his occupation as a truck driver...

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