Prip

By resort to administrative mandamus (Code Civ. Proc., § 1094.5) appellant as a taxpayer sought to compel respondent City of Santa Barbara to grant a hearing of an application for a zoning variance by the real parties in interest. Such application, it appears, was voluntarily withdrawn when the application was before respondents’ planning commission. On appeal by petitioner to the city council, that body upheld the action of the planning commission in permitting the withdrawal. A demurrer to the amended complaint was sustained without leave to amend. This appeal is from the judgment dismissing the proceeding.

Since we are called upon to decide whether the facts alleged afforded any ground for relief, they will be stated largely in the language of the complaint as last amended (together with attached exhibits). Petitioner owns certain described property in Santa Barbara which is located in a C-2 zone pursuant to Ordinance No. 2585. The real parties in interest are the owners and operators of the Carrillo Auditorium which, as will presently be seen, is adjacent to petitioner’s property; constructed before 1940, the auditorium *628 building is also used as a dance hall. . On an…