Agenda - Planning Commission - 04/04/2013

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Zoning Bulletin February 10, 2013 I Volume 7 1 Issue 3 j See also: White v. North, 121 Md. App. 196, 708 A.2d 1093 (1998), judgment vacated on other grounds, 356 Md. 31, 736 A.2d 1072 (1999). See also: von Lusch v. Board of Com 'rs of Queen Anne's County, 268 Md. 445, 302 A.2d 4 (1973). Case Note: Section 4.07(c) of Article 668 of the Maryland Code has been repealed. See now, Mary- land Land Use 5C 3 -303. Nonconforming Use —Legal nonconforming restaurant use seeks to change from seasonal to year - round Town says change is an impermissible expansion of the legal nonconforming use, but restaurant argues it is merely an "intensification" 2 Citation: Woodbury Donuts, LLC v. Zoning Board of Appeals of Town of Woodbury, 2012 WL 6571452 (Conn. App., Dec. 25, 2012) CONNECTICUT (12/25/12) —This case addressed the issue of whether a proposed year -round use of property as a restaurant was an impermissible expan- sion of a preexisting, legal nonconforming use established by a seasonal fast food restaurant. The Background /Facts: EYRE, LLC (`BYRE ") owned property in Wood- bury, Connecticut (the "Town "). From 1995 or 1996 until the fall of 2006, Corey's restaurant, a tenant, operated a 3,000 square foot seasonal, mostly eat - in, restaurant on a portion of EYRE's property. The building housing Corey's restaurant was a preexisting, legal nonconforming structure, and the use as a seasonal fast food restaurant was a preexisting, legal nonconforming use. In 2006, EYRE sought to construct a 42,000 square foot commercial retail center on the property. As part of this plan, EYRE intended to relocate Corey's restaurant into a conforming building to be constructed on the site. In further- ance of its proposed plan, EYRE filed a special permit application with the Town's zoning commission. The zoning commission approved the application (the "2006 special permit "), including the relocation of the existing legal nonconforming use within the same portion of the lot and subject to certain conditions. EYRE and Corey's restaurant were unable to agree on terms for a new lease in the new retail center. In September 2008, Woodbury Donuts, LLC ( "Wood- bury Donuts ") applied for a zoning permit to operate a Dunkin Donuts franchise at the location originally planned for Corey's restaurant. The zoning enforcement officer denied Woodbury Donuts' permit. The zon- © 2013 Thomson Reuters 5