Appeal from a judgment (denominated order) of the Supreme Court, Steuben County (Peter C. Bradstreet, A.J.), entered January 24, 2007 in a proceeding pursuant to CPLR article 78. The judgment, insofar as appealed from, granted the petition in part.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: Respondent appeals from a judgment that, inter alia, annulled its determination denying petitioner’s application for an area variance with respect to the zoning requirement that a building housing a tractor supply store must have two functional floors. Supreme Court previously annulled respondent’s determination denying petitioner’s application for a use variance with respect to the proposed building, and respondent was therefore bound by the court’s determination that the tractor supply store was a permitted use (see generally Town Law § 267 [1] [a]). Petitioner thereafter sought area variances permitting it, inter alia, to construct a one-floor building that would have a “two-story look,” utilizing windows to create the appearance of a two-floor building. Respondent granted petitioner’s application for an area variance with respect to the height restriction of 12 feet for the first story but only to the extent of permitting a ceiling height of “20 feet floor to floor or 16 feet floor to ceiling” rather than the ceiling of 22 feet and 8 inches sought by petitioner, and respondent denied the application for an area variance with respect to the requirement that the building have two functional floors.
Finally, in view of our determination with respect to the requirement of two functional floors, we further conclude that the court properly annulled the determination with respect to the area variance limiting the ceiling height to 20 feet. As the court noted, “Obviously, with a one-story building, a variance to allow the first floor of the building to be 20 feet from floor to floor would have to be modified to account for a first floor that will now go from floor to ceiling.” We thus further conclude that the court properly remitted the matter to respondent “for a more precise determination of the ceiling height.” Present— Scudder, EJ., Hurlbutt, Lunn, Fahey and Pine, JJ.
