Agenda - Planning Commission - 09/16/2010 - Special Meeting

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Zoning Bulletin July 10, 2010 'Volume 41 No. 13 The court held that the plain meaning of § 8-6(a)(1) and the town's bylaw gave the ZBA the authority "to hear and determine the issue before it in Watstein's administrative appeal." This was because the facts in this case satisfied all of the requirements of § 8-6(a)(1) and the town's bylaw: First, the ZEO who issued the certificate to Hasychak was undisputedly "the official charged with enforcement" of the zon- ing regulations within the meaning of § 8-6(a)(1). Second, the ZEO's issuance of the certificate was a "decision" of the ZEO within the meaning of § 8-6(a)(1). Finally, Watstein had clearly "alleged [in the appeal form] that there [was] an error" in the "decision" of the ZEO. Nonetheless, Hasychak had argued that § 8-6(a) limited the ZBA's jurisdiction to "hearing only those appeals in which the decision of the [ZEO] `involves the enforcement of [zoning laws and regulations]." Hasychak argued that the ZBA lacked jurisdiction because the ZEO's decision here did not concern zoning regulations but rather was limit- ed to determining compliance with the stipulated judgment. The court •was "not persuaded." It found this interpretation of § 8-6(a) "contrary to the plain meaning of the statute." Furthermore, the court empha- sized that the word "any" in the context of § 8-6(a)(1) was "intended to confer broad jurisdiction over all orders, requirements and decision of the zoning enforcement officer, without limitation." See also: Wiltzius v. Zoning Bd. of Appeals of Town of New Milford, ) 287 Conn. 906, 950 A.2d 1283 (2008). Case Note: The court said that even if it had adopted Hasychak's restrictive interpretation of the § 8-6(a) and the ZBA's jurisdic- tion, it would have still concluded that the ZBA had jurisdiction to hear Watstein's appeal. The court said that when a court ren- ders a stipulated judgment —as a trial court had here —"it becomes part of and may alter the zoning regulations that are applicable to a particular parcel." Thus, here, the ZEO's decision to issue the certificate to Hasychak on the basis of the ZEO's decision that Hasychak's renovations complied with the stipulated judgment "was necessarily a decision concerning the town's zoning regula- tions." Also, the ZBA clearly had jurisdiction over appeals involv- ing the enforcement of zoning regulations. Zoning News from Around the Nation California The Auburn City Council will reportedly soon be considering a "proposed zoning update" that would limit the number of dogs in a household. Source: Auburn Journal; htty://auburniournaLcom © 2010 Thomson Reuters 11 97