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March 10, 2011 1 Volume 5 1 No. 5 Zoning Bulletin <br />Variance —Homeowners Ask For Variance From <br />Roof Height Limit, Claiming Hardship Was Fault <br />of Their Contractor <br />Neighbors say variance cannot be issued because hardship <br />was self-created <br />Citation: Morikawa v. Zoning Bd. of Appeals of Town of Weston, 126 <br />Conn. App. 400, 2011 WL 341683 (2011) <br />' CONNECTICUT (02/08/11)—This case addressed the issue of <br />"whether a hardship created by the error of the [homeowners'] contrac- <br />tor and/or architect is self-created" and, as such, insufficient to justify a <br />variance. <br />The Background/Facts: Joseph Ryan and Lois Ryan (the "Ryan") <br />constructed a single-family home in the town. The home was located <br />in a district that only permitted single-family homes with a maximum <br />height of 35 feet. <br />Approximately four months after its completion, the town's code <br />enforcement officer determined that the roof was 37 feet, seven inches <br />?onth buto <br />Burnham' <br />i ton to photocopy please contact the copyright Clearance• Center at 222 Rosewood <br />Drive Danvers, MA 01923,USA (978) 750-8400 fax (978) 6468600 or West's Copyright Services at. <br />610;Opperman Drive :Eagan MN.55123 faxn(651) 687-7551 Please outline the specific material <br />�Ived the number of copies you wish to distribute and the purpose or format of the use <br />I ms publication was created to provide you with accurate and authoritative information concerning <br />the -subject matter covered however, thjs.publication-was not necessarily preparedby,persons <br />'licensedto practice Iaw,In a particular Jurisdiction The Publisheri not engaged In rendering legal <br />-or other professional advice and this publication is not a substitute for the advice of an attorney. <br />If you require legal orother expert advice, you should seek the services of a competent attorney <br />or other professional. <br />Zoning Bulletin is published and copyrighted by Thomson Reuters 610 Opperman Drive, P.O. Box <br />64526 St. Paul, MN 55164-0526. For subscription information: call (800) 229-2084,-or write West, <br />Credit Order Processing, 620 Opperman Drive, PO Box 64833, St. Paul, MN 55164-9753. <br />POSTMASTER: Send address changes to, Zoning Bulletin, 610 Opperman Drive, P.O. Box 64526 St. <br />Paul, MN 55164-0526. <br />WEST® <br />610 Opperman Drive • P.O. Box 64526 • St. Paul, MN 55164-0526 <br />1-800-229-2084 • email: west.customerservice©thomsonreuters.com • west.thomson.com/quinlan <br />ISSN 0514-7905 • © 2011 Thomson Reuters. All Rights Reserved. <br />QuinlanTM is a Thomson Reuters brand. <br />2 © 2011 Thomson Reuters <br />