Julius H. Sherry, Petitioner, v. M. Milton Glass et al., Constituting the Board of Standards and Appeals of the City of New York, Respondents

Julius H. Sherry, Petitioner, v. M. Milton Glass et al., Constituting the Board of Standards and Appeals of the City of New York, Respondents. [MAJORITY] — Proceeding pursuant to article 78 of the CPLR, to review respondents’ determination dated July 8, 1969, which denied petitioner’s application for a variance to permit construction of a gasoline station on a parcel located partly in a commercial district (in which such use is permitted) and partly in a residence district (in which such use is not permitted). Determination annulled, on the law, without costs; petition granted; and respondents are directed to grant the requested variance. In our opinion, the record adequately established that the subject parcel cannot be used as now zoned; that this inability to use the property is due to unique circumstances; that a grant of the variance will not change the essential character of the neighborhood; and that public health, safety and welfare would not be served by a denial'of the variance. Hopkins, Acting P. J., Latham, Christ, Brenjnan and Benjamin, JJ., concur.