Agenda - Planning Commission - 06/05/2008

Home

:~ "C"" \ i. ~ '~ <.:.}i ?' (, "~.' May 25,20081 Volume 21 No. 10 ;,(' '- was common with other lots in the neighborhood. The court concluded that the mere fact that the lot was substandard was not a Unique cir- cumstance because the undeveloped lots in the neighborhood were also a substandard size. Although two of the members of the ZBA had found that the GIlddens had shown unique circumstances based upon the sub- standard size of the lot, the court found that the size of the Gliddens' lot was not unique. Evidence showed the lot was approximately the same size as many of the iots on the island, and at least some of the undevel- oped lots on the island were a substandard size. The court also rejected the Gliddens' argument that the lack of a house was a unique characteristic requiring a variance. Although the lot was unbuilt, the court said it could not find that the very lack of the item .a property owner wished to build created the unique circumstance that allowed it to do so, as the unbuilt status of the pr9perty was immaterial. The fact that the Gliddens' property did not have a building on it and could only be used for residential purposes showed only that the proper- ty could not yield a reasonable return unless a variance was granted. The lack of a house was not a unique characteristic, and the court concluded the, ZBA could not grant the variance on that basis. See also: Sibley v. Inhabitants of Town of Wells, 462 A.2d 27 (Me. 1983). See also: Radin v. Crowley, 516 A.2d 962 (Me. 1986). -:\ Case Note: The court noted that, had the majority of the ZBA found that the size of the Gliddens' lot was unique based on facts that did not include other siniilar substandard lots, it would have upheld the ZBA's decision on that basis. Accessory Use-,..Neighbor alleges use of residential care facility as primary residence of staff member violates zoning code Zoning board says use of facility as primary residence is a permitted accessory use Citation: Lieb v. Trimble, 2008 WL 879740 (Colo. Ct. App. 2008) COLORADO (04/03/08)-A small residential care facility was located in the city. The facility was located in the R-1 zoning district in the city. Residential care uses were permitted in the city's R -1 zoning district. Under the city's zoning code (the Code), a "small residential care use'; was defined as a residential structure that was the primary residence of 9 :;:~:, .;. '..'~..' I ~. .' ,. ,. ~ ~ .,.' 101