Sack v. Old Lyme Zoning Board of Appeals, No. 514718 (Sep. 26, 1991)
Opinion of the Court
The Board published notice of its decision in The Pictorial Gazette on May 29, 1990. Plaintiff served this appeal on June 12, 1990. The Plaintiff timely brought this appeal within 15 CT Page 7756 days of publication of notice as required by Conn. Public Acts No. 89-356 1(b).
The following facts are not in dispute. In 1988, the plaintiff hired a general contractor to renovate his house. The renovations were to include the addition of a wood deck on one side of the house and a second-floor addition on the other. The contractor began construction without first obtaining a building permit, when the plaintiff was out of state.
The Building Inspector/Zoning Enforcement Officer ("ZEO") issued a stop work order on December 20, 1988 after substantial work had been completed. The plaintiff appealed the ZEO's action and filed a variance application on January 13, 1989. The Board upheld the ZEO's decision and denied the application after a public hearing on February 27, 1989. The plaintiff appealed this decision in Sack v. Old Lyme Zoning Board, No. 510034, in which the Court (Tamborra, J.), dismissed the plaintiff's appeal on March 5, 1991.
On April 11, 1990, while the first appeal was pending, the plaintiff again applied for a variance from Art. II, A.2 (12 foot sideyard requirement and 25% maximum building coverage) and Art. I, E.1.6 and E.1.7 (expansion/extension of building that has no required yardage and is on a nonconforming lot) of the Old Lyme Zoning Regulations. The plaintiff presented a scaled-down version of his plan. Specifically, plaintiff sought a variance of seven-and-one-half feet from the sideyard requirement and a variance of 39% from the maximum coverage requirement. At the public hearing held on May 15, 1990, the Board found that the scaled-down plan failed to conform to the regulations. The Board further found that the applicant "did not present any new evidence necessary to overturn a previously rejected decision."
The documents comprising the record were returned to the court on September 4, 1990. The Court held a hearing on June 6, 1991, a transcript of which appears in the file.
In order to assert a statutory right to appeal an agency's decision, the appellant must comply strictly with the statute creating that right. Simko v. ZBA,
Aggrievement is a prerequisite to maintaining an appeal. Smith v. Planning Zoning Board,
The Court made a finding of aggrievement at the hearing CT Page 7757 before it on June 6, 1991. See transcript of proceedings on that date at pages 2 and 3.
A certified copy of a warranty deed from Ruth Dobkin to Stanley Sack was submitted to the Court (Tamborra, J) in Docket No. 51 00 34 which was an earlier appeal by the same plaintiff involving the same defendants and concerning the same premises and which appeal was still pending at the initiation of this instant appeal. See Memorandum of Decision dated March 4, 1991 in file no. 51 00 34.
The court finds that the plaintiff is the owner of the property which is the subject of the agency's decision. The plaintiff is entitled to bring this appeal. See Bossert Corp. v. Norwalk,
A trial court may grant relief on appeal from the decision of an administrative agency that has acted illegally, arbitrarily, or in abuse of its discretion. Raybestos-Manhattan, Inc. v. PZC,
To justify the granting of a variance, a hardship affecting the subject parcel must be shown. Garibaldi v. ZBA,
The plaintiff merely alleges economic harm, i.e., the time and expense of dismantling the renovation. A variance, however, "is a legal status granted to a certain parcel of realty without regard to ownership. It is for this reason that the rule is well established that the financial loss or the potential of financial advantage to the applicant is not the proper basis for a variance." Garibaldi,
The appeal by the plaintiff is dismissed.
Austin, J.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.