Agenda - Planning Commission - 02/05/2004

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Page 8 -- December 10, 2003 140 Citation: Shades Moumain Plaza L.L.C. v. City of Hoover, C,~ourr of CivilAppeals of Alabama, No. 201089] (2003). see also: Homewood Ciri:.ens Association v. City of Homewood, 548 So.2d 142 (1989). see also: American Petroleum Equipment & Construction bw. v. Fancher, 708 So.2d t29 (1997). Subdivision ~ Commission approves plan splitting land into two parcels Under code, parcels have inadequate width on a public highway CONNECTICUT (09/23/03) ~ In 1961, the Planning and Zoning Commis- sion of the town of New Canaan subdivided a parcel of Iand into three lots. One of these was a 6.959-acre p~cel in a two-acre residential zone. Kessler bought the property m 1985. In 2000, Kessler submitted a subdivision application to the commission seeking to divide his land into two parcels. Parcel 170 would have its entire width on a private road, while parcel 171 would have 30 feet of width on the private road and 227 feet along a private accessway. Under the code, 225 feet of a parcel's width had to be on a public roadway. Although the division violated the zoning plan because neither parcel had adequate width on a public highway, the commission approved the applica- tion. It ruled the parcels fit an exception that allowed zoning permits for prop- erties with widths on roadways other than public highways as long as those roadways had a width of at least 50 feet and a traveled way of at least 20 feet of asphalt. The private roadway met these two requirements. Neighboring property owners sued. The court ruled in their favor. The commission appealed, arguing its subdivision was legal and justified. DECISION: AXfirmed. The commission's approval did nor comply with the zoning code and the parcels did not meet the exception. "Width" was defined in the zoning regulations as the dimension of the plot generally parallel to the street front. "Upon" was not defined in the regulations, but under its dictionary definition, it was synonymous with "on." Although parcel 170 was proper under the code, only 30 feet of width of parcel 171 satisfied the definition. The definition of "width" mandated 225 feet be on a roadway other than a public highway. Utilizing the dictionary definition of "upon," 225 feet had to be near, in close proximity., or border the private road. Ultimately, parcel 171 did not meet the zoning exception and the approved subdivision was invalid. Citation: Az~arito v. Planning and Zoning Commission of' the Town of New Canaan, Appellate Court of' Connecticut, lVo. AC 22566 (2003). ,~'ee .al,to: Pe!Iiccio~e v. Planning & Zoning Commission, 780 A.2d 185 (200f). see ~ffso: ;_Vo~wood '.,. Zoning 19oard of Appeals, 772 A. 2d 624 (2001).