Agenda - Planning Commission - 06/02/2011

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Zoning Bulletin April 10, 2011 I Volume 5 I No. 7 See also: Schwartz v. Town Plan and Zoning Commission for Town of Hamden, 168 Conn. 20, 357 A.2d 495 (1975). See also: Cole v. Planning and Zoning Com'n of Town of Cornwall, 30 Conn. App. 511, 620 A.2d 1324 (1993). Case Note: In its decision, the court had explained that Andrews could have shown standing to challenge the adoption of the Amend- ment if he could establish classical aggrievement or statutory ag- grievement. To establish he was classically aggrieved, Andrews would have to show: (1) a specific personal and legal interest in the decision, as distinguished from the general interest of the commu- nity as a whole; and (2) that the specific personal and legal interest had been specially and injuriously affected by the decision. Howev- er, Andrews did not have to prove either of those prongs because he was statutorily aggrieved under § 8-8(a)(1), which only required that he show that he owned land abutting or within a radius of 100 feet of the newly zoned area. Case Note: The court's decision also addressed the standing of inter- vening plaintiffs —owners of property from other parts of town who also challenged the PZC's adoption of the Amendment. The court found those plaintiffs did not have standing under an environmental protection statute to challenge the Amendment. Grounds For Denial —Commission Denies Developer's Plat on Ground That It Does Not Meet "Purposes" of Zoning Code Developer argues plat must be approved since use is permitted and plat complies with zoning standards Citation: Pomeranc-Burke, LLC v. Wicomico Environmental Trust, Ltd., 2011 WL 711995 (Md. Ct. Spec. App. 2011) MARYLAND (03/02/11)—This case addressed the issue of whether, when a proposed use is a permitted use in a zoning district, and the plat complies with specific statutory (i.e., zoning code) standards, a zoning board can deny approval of the plat on the ground that it does not meet the purposes of the code or the Comprehensive Plan. The Background/Facts: Pomeranc-Burke, LLC ("PB") sought approval from the county planning and zoning commission (the "Commission") of a preliminary plat for a "cluster subdivision" (the "subdivision"). The © 2011 Thomson Reuters 7