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Page 8 -- November 25, 2003 <br /> <br />Z.B. <br /> <br /> As a condition precedent to the special case, the church was required to <br />obtain two variances in order to bring the application with_in compliance with <br />district regulations. These variances required a 50-foot setback from nearby <br />wetlands and a from setback of 20 feet. However, there was no indication the <br />church ever applied for the variances. <br /> ,Alter a hearing, the commissi-on denied the application. <br /> The church sued, arguing that the commission's actions were arbitrary, ille- <br />gal, and an abuse of discretion because they did not take into account the church's <br />attempts to mitigate the damages and the porosity, of the parking lot. <br />DECISION: Judgment in favor of the commission. The commission did not abuse its discretion. <br /> The church did not apply for the required variances. Although the zoning <br />regulations required protection of the environmental quality of the site and <br />adjacent property, values, the commission was not satisfied with the church's <br />proposed landscape buffers around the perimeter of the parking lot and the <br />adjacent homes. Evidence was also introduced as to the propensity of the area <br />to flood and the concern for a potential increase in water runoff. <br /> The zoning code stated "no Pools, tennis courts, driveways, parking areas, <br />terraces, or other impervious surfaces" were permitted within 50 feet of any <br />freshwater inland wetland. The meaning of park/ng area stood alone, and did <br />not require any finding as to whether it was actually impervious or not. <br />Citation: Orthodox Greek Catholic Church of St. John the Baptist [nc. v. Town <br />of Strar~brd, Superior Court of Connecticut, Judicial District of Fairfield, ar <br />Bridgeport, No. CV010381734S (2003). <br />see also: Adolphson v. Zoning Board of Appeals of Town of Fairfield, 535 A.2d <br />799 (1988). <br /> <br /> Zoning Bulletin <br /> <br />To order Zoning Bulletin, call (800) 229-2084, or complete and return this <br />form to Quinlan Publishing Group, 23 Drydock Ave., Boston, IVlA 02210-2387, <br />or fax (800) 539-8839. <br /> $107 (plus $9.81 s&h)-- 1 year (24 issues) <br /> <br /> ~D New subscription Q Payment enclosed <br /> '.D Renewal subscription Q Bill me ZBN3 <br /> <br />Name <br /> <br />Organization <br /> <br />Address <br /> <br />City State Zip <br />Phone Fax <br /> <br />132 <br /> <br />Email <br /> <br /> <br />