Agenda - Planning Commission - 01/09/2014

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Zoning Bulletin November 25, 2013 I Volume 7 I Issue 22 which of two plausible interpretations of the term "separately owned" —in zoning regulations providing that nonconfoiniing lots, which could be used for single-family residences, were lots that were separately owned prior to the enactment of the town's zoning regula- tions —should be applied. The Background/Facts: In 1961, Michael Donahue and his wife (the "Donahues") purchased the property at 6 Glen Road in Montville, Connecticut (the "Town"). In 1966, the Donahues acquired the adjacent property, 4 Glen Road. Zoning in the Town became effective on December 6, 1966. Michael Donahue acquired title to both lots from his wife. After he died, and in November 2003, his estate sold 6 Glen Road to Charles Cockerham and Willmeta Cockerham (the "Cockerhams"). At the time, both properties at 6 Glen Road and 4 Glen Road were not in confor- mance with the existing zoning regulations. Six Glen Road had the required frontage, but lacked the required area. The house was also in violation of the side yard requirements. Four Glen Road did not have the required frontage or the minimum area required in the zone. In November 2004, John Bialowans purchased the unimproved prop- erty at 4, Glen Road. His purchase and sale agreement was contingent upon obtaining building approval from the town. Since 4 Glen Road failed to meet the area or frontage requirement for a buildable lot in the zoning district in which it was located., a zoning permit to construct a single-family detached residence on 4 Glen Road would only issue if the Town's zoning enforcement officer (the "ZEO") determined that the parcel met the definition of a nonconforming lot in the Town's zon- ing regulations. Section 4.13.6 of the Town's zoning regulations provided, in rele- vant part that: "[l]ots for single family detached residences which meet the definition of nonconforming lot in Section 4.13.5 which have a total area or lot frontage less than the minimum required in the district may be used for single family detached residences . . . ." Section 4.13.5 defined "non -conforming lot" as: "a lot which was separately owned prior to the enactment of the Zoning Regulations or any amend- ment thereto . . . ." Section 1.3 also defined "lot, non -conforming" as "[a] parcel of land owned individually and separately and separated from any adjoining tract of land on the effective date of these regula- tions which does not meet the dimensional area, width, or design requirements for the zoning district in which it is located." The terms "separately owned" and "owned individually and separately and separated from any adjoining tract of land" were not defined in the regulations. On April 14, 2005, the Town's ZEO issued the zoning peiniit for 4 Glen Road. © 2013 Thomson Reuters 7