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Zoning Bulletin August 25, 2011 1 Volume 5 I No. 16 <br />See also: River Bend Associates, Inc. v. Zoning Com'n of Town of Sims - <br />bury, 271 Conn. 1, 856 A.2d 973 (2004). <br />See also: Avalonbay Communities, Inc. v. Planning and Zoning Corn'n <br />of Town of Wilton, 103 Conn. App. 842, 930 A.2d 793 (2007). <br />Case Note: The Connecticut statute governing affordable housing <br />land use appeals Conn. Gen. Stat. § 8-30g explicitly provides <br />that the burden is "on the commission to prove, based upon the evi- <br />dence in the record ... that the commission's decision is: "(1) sup- <br />ported by evidence in the record; and (2)(a) is necessary to protect <br />substantial public interests in health, safety, or other matters which <br />the commission may legally consider; (b) such public interests clear- <br />ly outweigh the need for affordable housing; and (c) such public in- <br />terests cannot be protected by reasonable changes to the affordable <br />housing development." <br />Short -Term Rentals= Owners of Home in Town's <br />Residential District Rent Home Out for Short- <br />Term Rentals <br />Town says homeowners' commercial use of the property is <br />in violation of ordinance <br />Citation: Siwinski v. Town of Ogden Dunes, 949 N.P.2d 825 (Ind. 2011) <br />INDIANA (06/29/11)—This case addresses the issue of whether a <br />zoning code restriction of a dwelling's use to a "single- family dwelling" <br />in a Residential District prohibits the use of homes in the district for <br />short -term rentals. <br />The BackgroundlFacts: Steven and Lauren Siwinski (the "Siwinskis") <br />owned a home in the town of Ogden Dunes, Indiana (the "Town"). The <br />Town is "a small, quiet, Lakeshore town on Lake Michigan." Their home <br />was located in an "R- Residential District." <br />Pursuant to the Town's Zoning Code, in an R- District, buildings and <br />premises could only be used for: (1) single - family dwellings; (2) acces- <br />sory buildings or uses; (3) public utility buildings; (4) semi - public uses; <br />(5) essential services; and (6) special exception uses permitted under the <br />Zoning Code. The Zoning Code defined a "single-family dwelling" as: <br />"[a] separate detached building designed for and occupied exclusively as <br />a residence by one family." <br />© 2011 Thomson Reuters 9 <br />