Laserfiche WebLink
<br />February 10,2009\ Volume 31 No.3 <br /> <br />Zoning Bulletin <br /> <br />See also: West Hartford Interfaith Coalition, Inc. v. Town Council of <br />Town of West Hartford, 228 Conn. 498,636 A.2d 1342 (1994). <br /> <br />Case Note: The Neighbors had also noted that another town zoning <br />regulation (the "Residential Zorle Ordinance") expressiy prohibited <br />"animal hospitals" in residential districts. They contended that the <br />Residential Zone Ordinance established that animal treatment fa- <br />cilities. were not compatible with residential zones. The court not- <br />ed that the Residential Zoning Ordinance's prohibition of "animal <br />hospitals" in residential zones did not apply because the Property <br />was located in a business zone not a residential zone. The court also <br />found that it did not help shed light on the meaning of "health ori- <br />ented" since none of the parties contended that the proposed veteri- <br />narian clinic was an "animal hospital" (as instead it was merely a <br />"small, satellite style veterinary clinic"). v . <br /> <br />Case Note: The court also held that because the veterinary clinic <br />was a permitted use as of right in the business zone A, the Veteri- <br />narians were entitled to a zoning permit as a matter of right with- <br />out any conditions imposed by the ZBA. The court said this was <br />because when an "application conforms to the standards set forth in <br />the regulations, an enforcement officer has no discretion and must <br />issue the certificate." <br /> <br />Permit Violations-Landowner builds house <br />that does not conform with issued permits <br /> <br />City seeks injunction prohibiting further construction of <br />house <br /> <br />Citation: Virginia City v. Estate of Olsen, 2009 MT 3, 2009 WL 27695 <br />(Mont. 2009)) . <br /> <br />MONTANA (Ol/06/09)-Greg Olsen sought to construct a house on <br />property (the "Property") he owned in the city. The cityhad a Design <br />Review Zoning Ordinance {the "Ordinance") under which it regulated <br />new construction and changes to existing buildings. The Ordinance, <br />which was intended to ensure such construction was consistent with the <br />city's historic character, required both a development permit and a site <br />zoning permit for all. new construction within the city. In accordance <br />with the Ordinance, Phillip Mason, Jr., as Olsen's agent, prepared appli- <br />cations for the two permits. <br /> <br />10 <br /> <br />@ 2009 Thomson Reuters <br /> <br />, ' <br /> <br />100 <br />