Opinion
January 21, 1952.
Proceeding under article 78 of the Civil Practice Act to review a determination of the zoning board of appeals of the city of Mount Vernon. Respondent, the owner of a lot situated in a business "A" district upon which there is a gasoline service station, which is a nonconforming but permissible use, seeks a permit to enlarge the station so as to include such use on an adjoining lot also situated in the business "A" district. Both lots are within 150 feet of a residence district and within 300 feet of a public school. The board denied the application on the ground that it was without authority, under the local zoning ordinance, to grant it. Order annulling the determination and remitting the respondent's application to the board for decision and determination on the merits reversed on the law, with $10 costs and disbursements, and the petition dismissed, without costs. The ordinance does not authorize the board to permit the nonconforming use to be enlarged into an area situated within the prescribed distances from the residence district and the school. Carswell, Acting P.J., Johnston, Adel, Wenzel and MacCrate, JJ., concur.