Order reversed on the law, without costs of this appeal to any party, petition granted and determination of the board of appeals of the city of Rochester annulled.
Memorandum:
On this record we reach the conclusion that the board of appeals of the city of Rochester was without power to grant the variance, if one was required, to permit the issuance of a permit. (Matter of Clark v. Board of Zoning Appeals of Town of Hempstead,
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