Posted by: Patricia Salkin | July 19, 2015

CT Appeals Court Upholds Denial of Variances to Expand Nonconforming Structure

Verrillo sought review of a decision rendered by the town zoning board of appeals granting eight variances sought by applicants to expand an existing nonconforming structure. The court, finding in favor of the plaintiff, held that various unofficial statements of the zoning board did not amount to a formal, collective, official statement of the board delineating the decision for its actions. In the absence of a statement of purpose by the board, it is the responsibility of the court to search the entire record to find a basis for the board’s decision. Here, the court made a number of findings after a review of the record. First, applicant’s personal desire to modernize and expand their existing nonconforming residential structure did not constitute a hardship warranting grant of the variance. Second, absent a showing of legal hardship, applicants were not entitled to variances on grounds that their proposal was reasonable. Finally, the small size of applicant’s property, a condition not unique in the district at issue, did not constitute legal hardship.

Verrillo v. Zoning Bd. of Appeals of Town of Branford, 155 Conn. App. 657, 111 A.3d 473 (2015)


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

Categories

%d bloggers like this: