Holmes v. Dowling

413 A.2d 95, 1980 R.I. LEXIS 1513
CourtSupreme Court of Rhode Island
DecidedApril 14, 1980
Docket78-143-M.P.
StatusPublished
Cited by14 cases

This text of 413 A.2d 95 (Holmes v. Dowling) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Holmes v. Dowling, 413 A.2d 95, 1980 R.I. LEXIS 1513 (R.I. 1980).

Opinion

OPINION

WEISBERGER, Justice.

This case is before us on a petition for certiorari to review a judgment of the Superior Court which affirmed a decision of the Zoning Board of Review of the Town of Jamestown (zoning board). The rulings below have denied permission to the petitioner to build a single-family residence on a parcel of residential property owned by him and located on East Shore Road in Jamestown.

The petitioner and his wife were the owners of a rectangular piece of property (Old Lot 60) in an “R40” residential zoning district in Jamestown. Under the Jamestown zoning ordinance, lots in an R40 district are required to have a minimum lot width of 150 feet and an area of at least 40,000 square feet. Old Lot 60 fronted on East Shore Road for 200 feet and ran back over 850 feet to the water. During 1974, petitioner obtained a permit to build a house on Old Lot 60, and the house was built on the rear portion of the lot.

*96 In January 1975, petitioner applied to the Jamestown Planning Board for permission to divide Old Lot 60. The petitioner's plan called for carving out a rectangular piece of land at the front corner formed by the street line and the right side line. The frontage of the carved-out rectangle (Lot 100) on East Shore Road would be 150 feet, and the side lines would measure 300 feet. To create Lot 100 from Old Lot 60 would reduce the frontage of the remaining parcel (New Lot 60) to fifty feet. New Lot 60 would consist of a fifty-foot-wide strip or “panhandle” stretching from the street to a point 300 feet back. At that point the lot would abruptly become 200 feet wide and retain that width for more than 550 feet of remaining depth.

The planning board refused to act upon petitioner’s plan on the basis that the plan, since it did not propose to divide Old Lot 60 in such a manner as to require provision for a street was not a “subdivision” under G.L. 1956 (1970 Reenactment) § 45-23-1 as the statute read at the time. 1 For this reason the planning board determined it had no jurisdiction over the matter.

On March 3, 1975, petitioner and his wife deeded Lot 100 to petitioner alone. The petitioner then applied to the town building inspector for a construction permit to build a house on Lot 100. The inspector denied the permit on the ground that New Lot 60 failed to meet the requirements of art. IV, § 5 of the town zoning ordinance, entitled “Substandard Lots of Record.” That section provides that no lot area shall be so reduced that lot width will be less than that prescribed for the zoning district — here, 150 feet. The petitioner’s reapplications in July and August 1975 were denied by the inspector for the same reason and for the reason that art. IV, § 1 of the ordinance prohibits more than one main structure on a residen-tially zoned lot. The inspector’s evident rationale was that since petitioner’s conveyance of part of Old Lot 60 violated art. IV, § 5, the conveyance would be ignored and the parcels would be considered as one lot for purposes of art. IV, § 1. The proposed new building, as the second structure to be built on Old Lot 60, would thereby violate the ordinance.

The petitioner thereupon appealed to the zoning board, which upheld the determination of the building inspector. The grounds for this affirmance, as explained in a letter sent to petitioner’s attorney by the chairman of the board, were that granting a permit would violate art. IV, §§ 1 and 5 of the town zoning ordinance and § III of the town subdivision ordinance. Section III of the latter ordinance provides minimum standards for subdivisions platted subsequently to the ordinance’s adoption. Among the requirements set out in § III are requirements governing the ratio of lot depth to lot width (two and a half to one and preferably two to one), frontage (“All lots shall meet the required minimum frontage on a public street”), and side lines (“Wherever possible, side lot lines shall be substantially at right angles or radial to street lines”). The zoning board found that to permit petitioner’s application would violate these three subdivision requirements, as well as the zoning ordinance.

The petitioner sought further review in the Superior Court pursuant to G.L.1956 (1970 Reenactment) § 45-24-20. In a decision rendered on August 16,1977, the Superior Court affirmed the zoning board’s decision. The creation of Lot 100 from Old Lot 60 was “a nullity,” the court ruled, since such an action would leave the remainder of Old Lot 60 as a substandard lot in violation of the ordinance. The court considered the “width” requirement to refer to width along the street line; New Lot 60 was thus substandard because its street-line width, or frontage, was only fifty feet. The court alternatively ruled that a 1976 amendment to the zoning ordinance explicitly defining “lot width” to mean frontage nullified any *97 rights petitioner claims to have had under the pre-1976 ordinance. 2

The petitioner here contends that New Lot 60 conforms with the ordinance and therefore that there were no grounds to deny him permission to build on the lot. He argues that we should construe the “lot width” requirement in the ordinance to mean “average width” or “mean width.” Under such an interpretation, he maintains, New Lot 60 would possess the required 150-foot width, for although the lot is only 50 feet wide for 300 feet of its depth, it is 200 feet wide for the remaining approximately 565 feet. 3 The town, on the other hand, asserts that “lot width” refers to frontage. This conclusion, the town says, should be reached in view of the fact that the ordinance does not otherwise establish a minimum frontage, yet another provision of the zoning ordinance allows a reduction in the street “frontage regulations” in residential districts to sixty feet for lots that front on culs-de-sac. The width requirement, the town maintains, is the “frontage regulations” referred to in the second provision.

In an effort to support his interpretation, petitioner refers us to several cases from other jurisdictions in which reference is made to zoning ordinances that prescribe a “mean width” or “average width.” These cases are not apposite in the interpretation of the subject ordinance since the fact that some other towns may require an average width in certain zoning districts does not suggest that Jamestown intended to adopt this type of width requirement here. The cases cited by petitioner show only that a town which wants its width restriction to refer to average width has the means to do so in clear and unambiguous terms. Jamestown, on the other hand, has included nothing in its ordinance remotely to suggest that an averaging process should be used to determine lot width.

To rebut the contention that “lot width” means frontage, petitioner cites Snyder v. Zoning Board of Westerly, 98 R.I. 139, 200 A.2d 222 (1964). In that case we reviewed a Westerly zoning-board decision which had disapproved a development plan on the ground, inter alia, that four of the proposed lots did not meet a minimum-width requirement of 100 feet. The four lots in question each fronted for less than 100 feet on a cul-de-sac.

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Bluebook (online)
413 A.2d 95, 1980 R.I. LEXIS 1513, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holmes-v-dowling-ri-1980.