Agenda - Planning Commission - 02/07/1995

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Page 6 -- January 1995 Z.B. Special Exception -- Landowner Wants to Build Experimental Septic System on Tidal Water Body Goldberg v. Zoning Board of Review of the Tow~ of South Kingstown, 639 A.2d 58 (Rhode Island) 1994 Smith wanted to build a house in South Kingstown, R.I. Smith's lot was about 7,500 square feet and surrounded by a pond on three sides. Smith also applied for a special exception to build an experimental septic system closer than 150 feet to the pond. The pond was a tidal water body. The septic system would filter nitrates from sewage, and included a standard backup system in case the unit failed to function properly. The town Zoning Board of Review granted Smith a special exception and conditionally approved the septic system for two years. It also required the Conservation Commission to inspect the system every month. Goldberg, who owned property within 200 feet of the site, appealed the special exception, claiming the board did not have authority to grant it. The court ruled the board had authority to grant the exception, and there was evi- dence to support it. Goldberg appealed. DECISION: Affirmed, exception allowed. The Rhode Island Supreme Court was evenly split about whether to affirm the board's decision. Since the court was split, it upheld the board's decision. Special Use -- City Denies Church Permission to Operate in General Business Zone Littlejoh~ v. City of North Chicago, 631 N.E. 2d 358 (Illi~ois) 1994 The Rev. Littlejohn leased an old movie theater in the city of North Chicago, Iit. He spent $25,000 renovating it for church services. The theater's owner, Lamb, also spent money removing asbestos and making other improvements. Lamb intended to sell or donate the property to Littlejohn's church. The property, surrounded by vacant lots, some older single-family homes, and small businesses, was in a run-down neighborhood. It was zoned for gen- eral business use. For property to have a religious use, it had to be zoned resi- dential, and required a special use permit. Littlejohn claimed he did not learn of the zoning problem until after sign- ing the lease and spending money on the site. He applied for a map amendment that would rezone his property. The zoning board of appeals denied Littlejohn's request for a map amendment. He appealed to the city council, which also turned down his request. Littlejohn then sued the city, asking the court to declare the zoning ordinance invalid because it deprived him of his First Amendment right to freedom of worship. He also argued the ordinance confiscated his and Lamb's property. /The court dismissed Littlejohn's First Amendment claims, but ruled the