Servidio v. Planning & Zoning Commission
Servidio v. Planning & Zoning Commission
Opinion of the Court
This appeal arises out of the trial court’s decision sustaining the plaintiffs’
The defendant claims that the court erred in concluding that the plaintiffs had met their burden of proving that the planning and zoning commission had acted improperly. He also claims that the trial court erroneously substituted its opinion of the evidence for that of the commission. We disagree with both contentions.
The parcel of land upon which the proposed development is to be situated is located in an RM-15 district zone. Section 3.61 of the zoning regulations requires a minimum lot area of 15,000 square feet in that zoning district. Section 3.62 of the regulations specifies the uses permitted in an RM-15 zone. In addition to
The development under consideration received its special use permit conditioned upon several modifications to the proposed condominium which, inter alia, resulted in a reduction of the total dwelling units to be built from thirty-one to twenty-seven. The decrease in living units was accomplished by removing an end unit from each of two proposed three-unit townhouses, thus converting them into duplexes, and by eliminating one duplex altogether. As a result of these changes to the site plan as submitted by the defendant, the condominium was now to consist of two single family homes, five duplex homes and five three-unit townhouses. From a review of the zoning record before it, the trial court concluded that the record did not support the planning and zoning commission’s requisite finding that each of the five duplex residence buildings contained the minimum lot area of 30,000 square feet called for by § 3.62 (C) of the zoning regulations.
The original site plan submitted to the commission shows that the two single family dwellings are located on lots containing the requisite 15,000 feet of land, and that each of the units in the townhouses remaining after modification by the commission’s approval possesses the necessary minimum integral lot area of 2000 square
There is no error.
In this opinion the other judges concurred.
In addition to the named plaintiff, seven other abutting landowners are plaintiffs and appellees. Two of these, Rocca DiCesare and Virginia E. Schackner, were erroneously omitted from the judgment file in the trial court.
In addition to the named defendant, the developer of the proposed project, Frank Verzillo, is also a defendant. He is the sole appellant and is referred to as the defendant.
The appellees have raised, pursuant to Practice Book § 3012 (a), an alternate ground upon which the trial court’s decision should be upheld. Because of our decision with regard to the defendant’s claims of error, we deem it unnecessary to reach this affirmative claim.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.