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Variances, Nonconfirmities and More: A Primer

Routine Zoning Case Offers Excellent Summary of the Law

Connecticut Law Tribune

March 23, 2015

Authors: Christopher J. Smith

On March 10, the Appellate Court released a comprehensive decision addressing zoning variances and nonconformities, with a valuable discussion on what constitutes a "formal, official, collective statement of reasons" for a land use board's decision. As a bonus, the court provides an analysis of what is required to substantiate a claim that a regulation has a confiscatory effect on a property.

The case, Verrillo v. Zoning Board of Appeals, 155 Conn. App. 657 (2015), involves a matter where the Branford ZBA granted eight variances, which essentially permitted the applicant-landowner to expand an existing single-family house that was nonconforming as to coverage and most, if not all, applicable setbacks. The variances permitted the expansion of these nonconformities. The nonconforming house is on an undersized lot.

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