Stankiewicz v. Zoning Board of Appeals

546 A.2d 919, 15 Conn. App. 729, 1988 Conn. App. LEXIS 323
CourtConnecticut Appellate Court
DecidedAugust 30, 1988
Docket6174
StatusPublished
Cited by143 cases

This text of 546 A.2d 919 (Stankiewicz 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
Stankiewicz v. Zoning Board of Appeals, 546 A.2d 919, 15 Conn. App. 729, 1988 Conn. App. LEXIS 323 (Colo. Ct. App. 1988).

Opinion

Foti, J.

The plaintiffs1 appeal from the judgment of the Superior Court dismissing their appeal from a decision of the board of zoning appeals of the town of Mont-ville which granted six variances from the bulk area requirements and a variance permitting the use of an undersized lot for an accessory building. We find no error.

The facts relevant to this appeal are not in dispute. On March 19, 1981, Joseph and Marjorie Fisher purchased the lot that is the subject of this appeal. The lot, which is 97 feet by 87 feet (8439 square feet), is located on the northwest side of Lake Drive in Mont-ville, directly opposite another parcel owned by the Fishers which is improved by a single-family dwelling. On October 15,1970, the town enacted zoning regulations. On that date the Fishers’ predecessor in interest owned the lot in its present configuration. In 1985, the Fishers applied for variances from the bulk area regulation and the setback requirements2 so that they could build a garage on the subject lot. After a hearing, the board granted the following variances: (1) 111,561 square feet from the 120,000 square feet bulk area requirement; (2) 35 feet from the front yard setback requirement; (3) 21 feet from the rear yard setback requirement; (4) 14 feet from the side yard requirement; (5) 9 feet from the side yard total width requirement; (6) 112 feet from the road frontage requirement; and [731]*731(7) a variance permitting the construction of a garage on a preexisting small lot with no principal dwelling on it.

These seven variances were granted with the condition that the three-car garage proposed for the lot be limited in size to 22 feet by 36 feet. The board granted the variances after concluding that the “conditions and circumstances associated with the request are not the result of actions of the applicant taken subsequent to the adoption of the zoning regulations,” and that the “conditions on the site are unique to the applicant’s land.” The plaintiffs appealed that decision of the board to the Superior Court. After reviewing the record, the court rejected the board’s conclusion that the hardship was unique as there were numerous undersize lots affected by the 1970 regulations. The court found, however, that the variances were properly granted because the regulations, as applied to the Fishers’ parcel, were confiscatory and that the variances would not substantially affect the comprehensive plan. This appeal followed the court’s judgment dismissing the plaintiffs’ appeal.

On appeal, the plaintiffs claim that the court erred (1) in upholding the decision of the board after concluding that there was insufficient evidence to support the board’s finding that the hardship was unique, (2) in substituting its own conclusion for those reached by the board, (3) in upholding the board’s variances permitting the use of the lot for an accessory building, and (4) in finding that the zoning regulation had a confiscatory effect when applied to the parcel.

We first consider the plaintiffs’ claim that the court erred in substituting its own findings for those of the board. It is well settled that courts are not to substitute their judgment for that of the board, and that the decisions of local boards will not be disturbed as long [732]*732as honest judgment has been reasonably and fairly made after a full hearing; Spectrum of Connecticut, Inc. v. Planning & Zoning Commission, 13 Conn. App. 159, 163, 535 A.2d 382 (1988); as the credibility of witnesses and the determination of factual issues are matters within the province of the administrative agency. Feinson v. Conservation Commission, 180 Conn. 421, 425, 429 A.2d 910 (1980).

The plaintiffs argue that because the court found no basis in the record for the board’s conclusion that the hardship was unique, it was then obligated to sustain the appeal without further review of the record. We do not agree. Although it is desirable for a zoning authority to state the grounds for granting a variance and the failure to do so renders the court’s review more cumbersome, it does not preclude the court from upholding the board’s decision. If the board fails to give the reasons for its actions, or if its reasons are inadequate, the trial court must search the record to determine whether a basis exists for the action taken. Parks v. Planning & Zoning Commission, 178 Conn. 657, 661-62, 425 A.2d 100 (1979); A.P. & W. Holding Corporation v. Planning & Zoning Board, 167 Conn. 182, 186-87, 355 A.2d 91 (1974); Morningside Assn. v. Planning & Zoning Board, 162 Conn. 154, 156, 292 A.2d 893 (1972); but see Torsiello v. Zoning Board of Appeals, 3 Conn. App. 47, 50, 484 A.2d 483 (1984) (court erred in concluding that there was insufficient evidence for the reasons given by the board for denying a special permit and, in effect, substituted its judgment for that of the zoning board).

A zoning board is comprised of laymen whose responsibility is to protect the interest of the individual property owner by granting a variance when the zoning regulations impose a hardship on the property owner of the nature described by the General Statutes. Adolphson v. Zoning Board of Appeals, 205 Conn. 703, [733]*733715, 535 A.2d 799 (1988). In searching the record, the trial court may rely on any reason culled from the record which demonstrates a real or reasonable relationship with the general welfare of the community in concluding that the board’s decision should be upheld. Parks v. Planning & Zoning Commission, supra, 662. Here, the court did not substitute its findings for those of the board, but reviewed the record that was before the board. In reviewing that record, the court did not err in concluding that board’s decision should be upheld.

We next consider the plaintiffs’ claim that there was insufficient evidence to support the court’s conclusion that application of the zoning regulations to the subject lot was confiscatory.

We note at the outset that the plaintiffs do not challenge the court’s conclusion that the hardship resulting from the application of the zoning regulations to the lot was not self inflicted. See Spencer v. Board of Zoning Appeals, 15 Conn. App. 387, 544 A.2d 676 (1988). The court correctly concluded that because the property existed in its present configuration prior to the enactment of the zoning regulations, the present hardship, resulting from the nonconformity of the lot, is not attributable to the present owners or their predecessors in title. The sole question raised by this claim, therefore, is whether there was sufficient evidence in the record to support the court’s conclusion that the zoning regulations, as applied, were confiscatory.

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Bluebook (online)
546 A.2d 919, 15 Conn. App. 729, 1988 Conn. App. LEXIS 323, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stankiewicz-v-zoning-board-of-appeals-connappct-1988.