Daughters of St. Paul, Inc. v. Zoning Board of Appeals

549 A.2d 1076, 17 Conn. App. 53, 1988 Conn. App. LEXIS 433
CourtConnecticut Appellate Court
DecidedOctober 21, 1988
Docket6278
StatusPublished
Cited by125 cases

This text of 549 A.2d 1076 (Daughters of St. Paul, Inc. v. Zoning Board of Appeals) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Daughters of St. Paul, Inc. v. Zoning Board of Appeals, 549 A.2d 1076, 17 Conn. App. 53, 1988 Conn. App. LEXIS 433 (Colo. Ct. App. 1988).

Opinion

Borden, J.

The defendant appeals from the judgment of the trial court sustaining the plaintiff’s challenge to the denial of an application for a special exception. The plaintiff’s application sought approval to construct a convent and religious book and audiovisual center in a residential zone. Of the six reasons given by the defendant for denying the application, five remain as issues before us:1 whether the trial court erred in holding (1) that the proposed convent and book center would not constitute a prohibited use in a residential zone; (2) that the proposed facility was a “church or other place of worship” within the meaning of the applicable town zoning regulation; (3) that the rear setback of the facility was in compliance with the zoning regulations; (4) that the design of the build[55]*55ing was in reasonable harmony with surrounding residential structures; and (5) that the facility would not create or exacerbate traffic and congestion problems in the neighborhood. We find no error.

The following facts are not in dispute. The plaintiff is a Roman Catholic order of nuns. For several years the plaintiff has maintained a convent and Roman Catholic bookstore in downtown Bridgeport. In 1986, the plaintiff purchased a lot in a residential zone on the southeast comer of the intersection of Main Street and Botsford Place in the town of Trumbull, with the intention of erecting and relocating to a new facility there. The proposed facility would consist of a main building and a garage. The ground floor of the main building would house a chapel, living room, dining room, kitchen and a large area for the book and audiovisual center; the second floor would contain eight small bedrooms and three bathrooms. The garage would be connected to the main building by a glass-enclosed, covered walkway, eighteen feet, six inches in length, and the eastern wall of the garage would be twenty feet, six inches, from the rear property line.

The plaintiff filed an application with the defendant requesting a special exception in accordance with Article II, § 1 B (2) of the town zoning regulations.2 The [56]*56defendant, citing the aforementioned reasons, denied the request after a public hearing. The plaintiff appealed to the Superior Court, which reversed, holding that “the only reasonable conclusion is that the plaintiff was entitled to the special permit requested,” and that for the board to find otherwise was arbitrary and an abuse of discretion. We granted certification for appeal to this court.

I

When considering an application for a special exception, a zoning authority acts in an administrative capacity, and its function is to determine whether the proposed use is expressly permitted under the regulations, and whether the standards set forth in the regulations and statutes are satisfied. A. P. & W. Holding Corporation v. Planning & Zoning Board, 167 Conn. 182, 185, 355 A.2d 91 (1974). It has no discretion to deny the special exception if the regulations and statutes are satisfied. Westport v. Norwalk, 167 Conn. 151, 155, 355 A.2d 25 (1974). When a zoning authority has stated the reasons for its actions, a reviewing court may determine only if the reasons given are supported by the record and are pertinent to the decision. Spectrum of Connecticut, Inc. v. Planning & Zoning Commission, 13 Conn. App. 159, 163-64, 535 A.2d 382, cert. denied, 207 Conn. 804, 540 A.2d 373 (1988). The zoning board’s [57]*57action must be sustained if even one of the stated reasons is sufficient to support it. Torsiello v. Zoning Board of Appeals, 3 Conn. App. 47, 50, 484 A.2d 483 (1984). In light of the existence of a statutory right of appeal from the decisions of local zoning authorities, however, “a court cannot take the view in every case that the discretion exercised by the local zoning authority must not be disturbed, for if it did the right of appeal would be empty .... In reviewing the action of the trial court, we have to decide whether it could in logic and in law reach the conclusion that the [defendant] should be overruled.” Suffield Heights Corporation v. Town Planning Commission, 144 Conn. 425, 428, 133 A.2d 612 (1957).

II

The defendant first claims that the trial court erred in holding that the board abused its discretion when it found that the proposed use was commercial and accordingly not a “church3 or other place of worship” within the meaning of Article II, § 1 B (2). We do not agree.

These two claims — that the proposed convent was a commercial use, and that it was not a church or other place of worship — were listed as two separate reasons in the defendant’s decision. We treat them together, however, because the first reason, that the proposed use was commercial, cannot stand on its own. The town [58]*58zoning regulations do not exclude all commercial uses from residential zones; farms are allowed as a permissive use, and hospitals and convalescent homes as special exception uses. Certainly, farms, hospitals and convalescent homes may be commercial enterprises, whether they are operated for profit, or are nonprofit in nature, while at the same time being allowable uses in residential zones. Article II, §§ 1 A (6) and 1 B (5). Therefore, the zoning board could not use this reason alone to exclude the proposed convent. Beckish v. Planning & Zoning Commission, 162 Conn. 11, 15, 291 A.2d 208 (1971) (a condition imposed by the commission without being warranted by the regulations is void). The board’s argument on appeal, however, has made it clear that the first two reasons are to be read together.

“Whether a use is a religious one is a question of fact.” 2 R. Anderson, American Law of Zoning (3d Ed.) § 12.29; Rapid City v. Kahler, 334 N.W.2d 510, 512 (S.D. 1983). When a building is used for more than one purpose, “[t]he main, principal and dominant use of [the] building determines its character.” Fox v. Zoning Board of Appeals, 146 Conn. 70, 75, 147 A.2d 472 (1958). That determination is also a question of fact. See id., 75-77; West Hartford v. Rechel, 190 Conn. 114, 119, 459 A.2d 1015 (1983).

In this case, the principal factual question resolved by the defendant was whether the proposed facility constituted a church or other place of worship. It is clear that, if the facility were composed solely of the convent and chapel, the question would be whether the proposed convent and chapel constituted a church or other place of worship.

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Bluebook (online)
549 A.2d 1076, 17 Conn. App. 53, 1988 Conn. App. LEXIS 433, Counsel Stack Legal Research, https://law.counselstack.com/opinion/daughters-of-st-paul-inc-v-zoning-board-of-appeals-connappct-1988.