108 Misc. 39 | N.Y. Sup. Ct. | 1919
The relator, who is the owner of premises No. 3 West One Hundred and Fifteenth street, New York city, seeks to review in this proceeding the action of the defendants in granting to the owner of premises Nos. 5-7-9 West One Hundred and Fifteenth street permission to convert said premises, now used as a public market, into a garage. The superintendent of buildings refused to grant a permit for proposed alterations upon the ground that the premises proposed to be altered were located within a business district, and that the erection of a garage would be in violation of section 4, subdivision 15, of the building zone resolution adopted June 25, 1916, which provides: “ Sec. 4. Business Districts (a). In a business district no building or premises shall be used and no building shall be erected which is arranged, intended or designed to be used, for any of the following specified trades, industries or uses. * * * (15) Garage for more than five motor vehicles * * The owners of premises Nos. 5-7-9 West One Hundred and Fifteenth street thereupon appealed to the defendants herein, who constitute the board of appeals. The appeal rested upon two grounds, only one of which needs here to be considered. Section 7 of the building zone resolution makes provision for certain exceptions to the use districts laid down in the other portions of the resolution, in the following language: “ The board of appeals, created by chapter 503 of the Laws of 1916, may in appropriate cases.
Writ sustained, with costs.