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Zoning Bulletin <br />May 25, 2013 I Volume 7 I Issue 10 <br />Time for roceedings/Int - r • r -tation <br />of oning - egulations own says <br />deck built four years rior violates <br />zoning code, must be removed <br />Homeowner contends state statute applies <br />a three-year statute of limitations on <br />enforcement actions on nonconforming <br />buildings <br />Citation: Tine v. Zoning Bd. of Appeals of Town of Lebanon, 308 <br />Conn. 300, 2013 WL 1500857 (2013) <br />CONNECTICUT (04/23/13) This case addressed the issue of <br />whether a deck attached to a residential property is a "building" as that <br />term is used in Connecticut General Statutes § 8-13a(a)—which ap- <br />plies a three-year statute of limitations to enforcement actions on build- <br />ings that have existed as nonconfoiining for more than three years <br />without an action to enforce regulations. <br />The Background/Facts: In 1999, Dean V. Tine and Robin Tine (the <br />"Tines") acquired lakefront property in the town of Lebanon (the <br />"Town). The Tines obtained a variance from the Town's zoning board <br />of appeals (the "Board") to construct a single-family house on the <br />property. The variance allowed the house to extend 35 feet into what <br />otherwise would have been a prohibited setback area, which was <br />designed to protect the water quality of the lake. <br />After obtaining the variance, the Tines applied for and received a <br />zoning permit and a building permit from the Town to construct the <br />house. The construction plans submitted to the Town did not include a <br />deck. <br />In 2003, the Tines completed construction of the house. <br />In April and May 2004, the Tines constructed a deck. The deck con- <br />nected to the back of the house and included stairs for ingress and <br />egress to the house through doors. The Tines did not apply for or <br />receive the required building permits for the deck, nor did they notify <br />the Town of the deck's construction. <br />In the fall of 2008, the Tines sought a certificate of zoning compli- <br />ance and a certificate of occupancy from the Town in connection with a <br />potential sale of the property. The Zoning Enforcement Officer <br />("ZEO") inspected the property and discovered that the deck violated <br />© 2013 Thomson Reuters 9 <br />