MATTER OF ELLIOTT v. GALVIN

Order reversed, without costs, and the judgment of Special Term reinstated in the following memorandum: The record supports the finding that the location of the zoning lot within two different zoning districts, as well as the irregular shape and small size of the C1-9 portion of the zoning lot constitute such "unique physical conditions" which allow the granting of a variance within the meaning of section 72-21 of the New York City Zoning Resolution. The record also discloses that the Board of Standards and Appeals has made all of the other findings required of it by section 72-21 of the New York City Zoning Resolution, and we conclude that these findings are not arbitrary or contrary to law.

Concur: Judges BURKE, JASEN, GABRIELLI and WACHTLER. Judge JONES dissents and votes to affirm upon the ground that there is no basis, on the record in this case, for a finding of the prerequisite "unique physical conditions" as to this property. Taking no part: Chief Judge FULD and Judge BREITEL.