[Download] "Johnson v. Zba of Branford" by Supreme Court of Connecticut * Book PDF Kindle ePub Free
eBook details
- Title: Johnson v. Zba of Branford
- Author : Supreme Court of Connecticut
- Release Date : January 23, 1968
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
A detailed recital of all the facts in this case
is unnecessary. The plaintiff is the owner of
a shorefront lot in Branford on which there are
a dwelling house and a guest house. The defendant
Walter Kreske, hereinafter referred to as the
defendant, is the owner of the adjoining lot on
which there are a dwelling house and an outbuilding.
The zoning regulations provide that the maximum
floor area of a building on either of these lots
may not exceed 30 percent of the lot area. The
defendant's house was a nonconforming use since
the bulk floor area exceeded the maximum size by 7
percent. In 1965, the defendant applied to the [156 Conn. 623]
Branford zoning board of appeals for a variance
which would legalize additions to the house which
had already been made. These additions consisted
of a two-story addition, 4 feet by 23.2 feet; a
second-story addition, 6 feet by 23.3 feet; and a
carport, 20 feet by 18 feet. The additions
increased the extent of the zoning nonconformance
from 7 percent to 18 percent. The plaintiff
appeared at the hearing and opposed the
defendant's application, which was nevertheless
granted by the board. The plaintiff appealed the
board's decision to the Court of Common Pleas,
which dismissed the appeal with a finding that the
plaintiff was not an aggrieved person entitled to
pursue the appeal. This appeal is from that
judgment, and the only issue is whether the court
correctly held that the plaintiff failed to
sustain his burden of proving that he was
aggrieved by the action of the board.