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02/04/10
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Meetings
Meeting Document Type
Agenda
Document Title
Board of Adjustment
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02/04/2010
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<br />December 10, 20091 Volume 31 No. 23 <br /> <br />Zoning Bulletin <br /> <br />Variance-,-Landowner requests variances after <br />purchasing IIremaining landll of subdivision <br /> <br />Town denies variance requests after finding no hardship <br /> <br />Citation: Cimino v. Zoning Bd. of Appeals of Town of Wood- <br />bridge, 117 Conn. App.569, 979 A.2d 1048 (2009) <br /> <br />CONNECTICUT (10/13/09)-Christine Cimino owned an un- <br />developed piece of land (the "Land") in a residential district in <br />the town. The Land was comprised of 5.06 acres, including three <br />acres of wetlands. Cimino wanted to build a single-family resi- <br />dence on the Land. In furtherance of that plan, she applied to the <br />town's zoning board of appeals (the "Board") for two variances. <br />She asked for a variance from: (1) the toWJ;l'S zoning regulation re- <br />quiri.ng new lots proposed in a residential district have a minimum <br />square footage of 150 feet by 150 feet within setback boundaries; <br />and (2) the town's zoning regulation requiring at least two acres of <br />noncontiguous wetlands. - <br />The Board ultimately denied Cimino's variance requests. It did <br />so based on its findings that: the Land was not a buildable zoning <br />lot; and no hardship was established. The Land, the Board not-- <br />ed, was originally purchased as "remaining land" of an approved <br />four-lot subdivision; and changes to the zoning regulations made <br />subsequent to Cimino's purchase of the Land "have not estab- <br />lished hardship." <br />Cimino appealed. <br />The Superior Court denied Cimino's appeal. It found that Cimi- <br />no had failed to show a hardship necessary for the grant of the <br />vanances. <br /> <br />8 <br /> <br />@ 2009 Thomson Reuters <br /> <br />70 <br /> <br />.-'" <br />/ \' <br />, J' <br />\ -' <br /> <br />-" <br />( 1) <br /> <br />';"'-_-:-:'-/ <br /> <br />( P' <br />\ ,I <br />, . <br />'.../ <br />
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