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eBook details

• Title: Heady v. Zoning Board of Appeals
• Author : Supreme Court of Connecticut
• Release Date : January 03, 1953
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

The defendant zoning board of appeals granted a variance of the zoning regulations in favor of the defendant Viola. The plaintiff, an adjoining property owner, appealed to the Court of Common Pleas. That court directed that judgment be entered sustaining her appeal. The defendant Viola has appealed from the judgment. The finding is not subject to correction. It discloses the following facts: The plaintiff owns and resides in a dwelling house located on Cherry Street in Milford. The defendant Viola owns a dwelling house next door and to the east. Both properties are in a residence A zone, which is limited to single-family dwellings. Milford Zoning Regs., Art. 3, 3 - 1(1). For some time prior to 1949, the defendant Viola, whom we shall call the defendant, lived with his family in his one-family frame dwelling. It has seven rooms, three downstairs and four up. A fourth room was added to the first floor sometime before 1951. The defendant is a physician and he kept his professional office in his home. This was permitted as an accessory use under the zoning regulations. Id., Art. 3, 3 - 1 (22). Since 1949, the defendant has maintained a home for himself and his family at Bayview in another part of Milford. He continued, however, to use his house on Cherry Street for his office. Having previously been denied a permit for two additional offices, the defendant, on August 14, 1951, applied to the building inspector for a permit for one additional medical and dental office

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