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eBook details

• Title: Makar v. Zoning Board of Appeals
• Author : Supreme Court of Connecticut
• Release Date : January 08, 1963
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

The defendant Frank Dardani applied to the
defendant zoning board of appeals of the
town of Fairfield for a variance of the zoning
regulations relating to the use of land which he
owns on Black Rock Turnpike between Candlewood
Road and Whitewood Drive, all public highways in
Fairfield. He proposes to erect on this land a
one-story brick building, 7720 square feet in
floor area, to house professional offices and to
provide offstreet parking for 43 automobiles. The
land for which the variance is sought has a
frontage of 300 feet on Black Rock Turnpike, 133
feet on Candlewood Road and 90 feet on Whitewood
Drive. It is presently in a residence A zone,
where a single family residential use only is
permitted under the regulations. Fairfield Zoning
Regs. 3, div. 1 (1960). The use for which the
variance is asked is permissible in a business
zone. Id. 4. Dardani claims, as the reason for a variance,
that the property is "entirely unsuitable for
residential purposes." The basis for the action
of the board in allowing the variance was stated
in the minutes of its executive session to be
"[h]ardship . . . in that the land is unsuitable
for residential purposes." The board is vested
with all the powers conferred upon it under the
General Statutes. 25 Spec. Laws 719; Fairfield
Zoning Regs. 14 (1960). Among these powers is
the power to vary the application of the zoning
regulations "where, owing to conditions especially
affecting . . . [the land for which the relief is
sought] but not affecting generally the district
in which it is situated, a literal enforcement
of . . . [the] regulations would result in
exceptional difficulty or unusual hardship so that
substantial justice will be done and the public
safety and welfare secured." General Statutes
[150 Conn. 394]

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