DiBlasi v. Zoning Board of Appeals

624 A.2d 372, 224 Conn. 823, 1993 Conn. LEXIS 41
CourtSupreme Court of Connecticut
DecidedMarch 2, 1993
Docket14568
StatusPublished
Cited by32 cases

This text of 624 A.2d 372 (DiBlasi v. Zoning Board of Appeals) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
DiBlasi v. Zoning Board of Appeals, 624 A.2d 372, 224 Conn. 823, 1993 Conn. LEXIS 41 (Colo. 1993).

Opinion

Santaniello, J.

This is an appeal from the judgment of the trial court sustaining the appeal1 by the plaintiff, Joseph DiBlasi, from the decision of the named defendant zoning board of appeals of the town of Litchfield (board).2 Upon the granting of the defendants’ petition for certification,3 they appealed to the Appel[825]*825late Court. We transferred the case to this court pursuant to Practice Book § 4023 and General Statutes § 51-199 (c). We affirm.

The procedural and factual background of the case is as follows. In 1970, the town of Litchfield adopted zoning regulations and a zoning map. From the time of the adoption of the zoning regulations, the use by the then owner, the Connecticut Light and Power Company (CL&P), of the plaintiffs property, located in a residential zone, became a legally existing nonconforming use.

The plaintiffs property contains a building consisting of approximately 6000 square feet that was constructed in 1957 by CL&P, and site improvements sufficient for CL&P to park equipment that was used off-site. CL&P used separate sections of the building for administrative offices, storage of parts and materials, and maintenance and repairs of equipment. In addition, the public frequented the building to pay utility bills and purchase small appliances.

In 1978, Katherine B. Anderson purchased the property to house the J.O. Anderson Company, a plumbing and heating supplies company. In 1986, the plaintiff purchased the property. Since 1986, the building has been occupied by the J.O. Anderson Company, as a tenant, and the White Birch Construction Company, the plaintiffs business.4 Each company houses its offices in the building and runs its business from the site. The plaintiff garages most of his equipment off-site.

In September, 1990, the plaintiff submitted a proposed lease for 2000 square feet of office space, with an option for an additional 2000 square feet, to the state judicial department for an adult probation office. Some[826]*826time thereafter, the plaintiff applied for, and received, a permit to update the building for code changes and to remodel it for his proposed tenant.

On October 11,1990, the plaintiff spoke to the Litchfield land use administrator about the proposed lease, and was told that any change in use must be approved by the planning and zoning commission of Litchfield (commission).5 On October 12, 1990, in a letter to the state department of public works leasing agent, the first selectman of Litchfield expressed her displeasure at learning secondhand of the adult probation office’s proposed move to Litchfield. She requested the state to contact her before conducting any further negotiations to construct or lease a facility in Litchfield and noted that the permits required for occupancy of the plaintiff’s building had not been obtained.

On October 15, 1990, the land use administrator again notified the plaintiff that any “change of use from construction office to an adult probation office” must be reviewed and approved by the commission. She instructed the plaintiff that “[i]n order to avoid any distress to the parties involved, the State, the Town or to you, please be sure to make application to the Litchfield Planning and Zoning Commission before furthering lease negotiations.”6 The minutes of the commission meeting held that same evening indicate that “[a]fter hearing that an Adult Probation Office in the White Birch Construction Building was proposed, the Commission requested that Mr. DiBlasi appear before them. After discussion, Mr. DiBlasi was told that he would have to submit an application for change of use.”

In a letter dated October 19, 1990, the plaintiff explained that he was not changing the use, but rather [827]*827was continuing the nonconforming use begun by CL&P in 1957. On October 22, 1990, the land use administrator responded to the plaintiff’s letter, informing him that the commission had been given the right by statute to review any proposed change in use. She informed the plaintiff that any delay in preparing the building for the state was attributable to his failure to file a change of use application in a timely manner. She noted that if he proceeded to negotiate a lease without commission approval, he would be doing so at his own risk.

The plaintiff followed these directives and filed an application for change of use on October 23, 1990. The application requested a change from “office use” to “office use.” The plaintiffs application was considered by the commission at its November 5, 1990 meeting. The plaintiff explained that the proposed use was a continuation of the nonconforming use established in 1957 and, even if it were not a continuation, the proposed use was less intensive. In support of his application, the plaintiff presented to the commission a record of observations of activity at the Torrington adult probation office and a traffic report indicating a less intensive use of the property.

In opposition to the application, the commission had received a letter from the Litchfield director of health expressing his concern about the adequacy of the septic system, testimony from the land use administrator on the anticipated use by the adult probation office, and testimony from the town planner claiming that the application was incomplete because it failed to address traffic, safety and sewage concerns. The town planner stated that the proposed use was of a different character and compared the probation office to a medical office rather than a business office. Neighboring property owners encouraged the commission not to allow changes to any aspect of the nonconforming use, including design, layout, percentage of space devoted to each [828]*828type of use and occupation by owner rather than tenant. Finally the commission received a petition and letters protesting the application.7

The commission denied the application “for a change of use (Adult Probation Office) . . . because it creates a more intensive use and, at present, does not address the sewage disposal needs or the traffic and pedestrian safety improvements.”8

The plaintiff appealed the commission’s decision to the board. At the public hearing, on January 28, 1991, the board heard testimony from the plaintiff attesting to the financial hardship caused him by the commission’s decision, and claiming that he had been told to file an application and the section of the regulations pursuant to which the application was to be filed. In addition, the plaintiff reiterated his claims before the commission that the proposed use was a continuation of the existing nonconforming use.

At its February 25, 1991 meeting, the board characterized the plaintiffs application as a change of use that had been properly denied by the commission. One member of the board stated: “I think that when they (Plan[829]*829ning and Zoning) based their decision, they based it on proper information. I think they had enough information and I think something like the health record is important to their decision. I think there is definitely a change of use in the property.” He also noted that although every company has an office, the building in which that office is located is not necessarily an office building.

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Bluebook (online)
624 A.2d 372, 224 Conn. 823, 1993 Conn. LEXIS 41, Counsel Stack Legal Research, https://law.counselstack.com/opinion/diblasi-v-zoning-board-of-appeals-conn-1993.