TROY – A development company that wants to convert a church into apartments is suing the city to overturn a requirement that a supermajority vote by the city Zoning Board of Appeals is required to grant a variance.

Illuminati Holdings LLC filed the Article 78 proceeding against the city in an effort to resurrect its proposal to build eight apartments at the former United Armenia Calvary Congregational Church at 144 Ninth St. in the Hillside neighborhood.

The Zoning Board of Appeals voted 3-2 on March 6 to grant the variances required for the project to move ahead, but rescinded the approval when a review of the city code determined that at least a 4-1 vote was required to issue a variance.

“The city code is illegal and unenforceable,” said Michael Ginsberg of Illuminati Holdings who is also is a partner in the Troy law firm of Pattison, Sampson, Ginsberg and Griffin.

State law requires a simple majority vote by a ZBA to grant a variance, Ginsberg argues in his legal papers.

“I see Illuminati taking a step which is beneficial to the city,” Ginsberg said.

An Article 78 proceeding is used to appeal a decision of a state or local agency to the courts. The one filed last month states that any variance granted by the ZBA in a 3-2 vote since 2003 would be considered illegal under the four-vote requirement. Chaos in the city tax base and code enforcement would result if these variances had to be rescinded, according to Ginsberg.

John Salka, a spokesman for Mayor Patrick Madden, said the administration does not comment on pending lawsuits.

The four-vote requirement is believed to be a holdover from when the ZBA had six members and the code set out the four-vote majority. When the ZBA was downsized to five members, the four vote requirement was not changed.

Illuminati was not the only developer to lose project approval originally granted on March 6. A development of 44 apartments at 171 Oakwood Avenue also lost its variance. The city Planning Commission is hold a hearing Thursday for an application to create a planned development district at the site, which would mean the variances required under the current R-1 zoning would be covered under the PDD legislation. The application was filed by 1844 Land Development LLC of Duanesburg.