Opinion
October 6, 1952.
In an article 78 proceeding by an adjoining land owner to review the determination of the zoning board of appeals of the City of Yonkers granting a variance to interveners to permit the construction of a gas station, determination of the board of appeals reversed on the law and the facts, with $50 costs and disbursements, and determination annulled. In our opinion, the zoning ordinance does not empower the board of appeals to grant a permit for a gas station as a special exception. The proof was insufficient to justify the granting of the permit on the ground of practical difficulties or unnecessary hardships. ( Matter of Otto v. Steinhilber, 282 N.Y. 71.) Furthermore, the interveners purchased the property knowing that a gas station use was prohibited and, therefore, the hardship was self-created. ( Matter of Clark v. Board of Zoning Appeals, 301 N.Y. 86.) Carswell, Acting P.J., Johnston, Adel, Wenzel and Schmidt, JJ., concur.