Hirsch v. Zoning Bd. of Review of City of Pawtucket, 642.
| Decision Date | 30 October 1936 |
| Docket Number | No. 642.,642. |
| Citation | 187 A. 844 |
| Parties | HIRSCH v. ZONING BOARD OF REVIEW OF CITY OF PAWTUCKET. |
| Court | Rhode Island Supreme Court |
Petition by Adolph Hirsch for writ of certiorari to the Zoning Board of Review of the City of Pawtucket to reverse the board's decision sustaining the appeal of Frank Dietz from an order of the city building inspector.
Denied and dismissed.
Raymond D. Brennan, of Providence, for petitioner.
Woolley & Blais, of Pawtucket, for respondents.
This is a petition for a writ of certiorari directed to the zoning board of review of the city of Pawtucket. The petitioner prays that this court reverse the decision of said board sustaining the appeal of Frank Dietz from an order of the building inspector of said city, which suspended the building of a garage in the rear of lot numbered 311 on assessor's plat No. 11, at the southeasterly corner of York and Hughes avenues in said city and belonging to said Dietz and his wife.
It appears that on April 13, 1936, a permit was issued by the building inspector to Dietz for the erection of a two-stall brick garage on this lot in accordance with plans and specifications satisfactory to the building inspector and in conformity with the building ordinances of the city. Acting on this permit, Dietz removed a steel garage already standing on the lot in practically the exact location proposed for the new garage. After the steel garage had been removed and the concrete foundation for the new garage had been poured, the building inspector, on April 21, 1936, suspended the permit. On May 5, 1936, Alphonsine Dietz, wife of said Dietz and co-owner with him of the lot in question, filed an appeal with the zoning board of review from the order of the inspector. After notice of this appeal had been published in the newspaper on May 16, 1936, the board held a hearing on the appeal on May 20, 1936.
The petitioner here appeared at this hearing by his attorney and objected to the erection of the garage on the ground that, under section 9A, subsection (7) of the zoning ordinance of the city of Pawtucket, a "practical difficulty" was presented by the application to build the garage at the place indicated on the Dietz lot. After consideration of the matter on all the evidence before it and on the objections of petitioner's counsel, the board found that the section of the ordinance, above referred to, had no application to the question before it, and sustained the appeal.
The petitioner now comes to this court and alleges as grounds for issuance of the writ, first, that the decision of the board is erroneous in point of law, and, second, that the board was without jurisdiction to hear the appeal and affect the petitioner's rights, because the board had not given to him "due notice" of the hearing as required by Public Laws 1923 (Rev.Ed.) c. 430, § 2.
The first ground cannot be maintained. Section 9A, subsection 7 of the zoning ordinance specifically requires that a garage must be located in the rear of the lot, but permits an exception to be made where there is a "practical difficulty" which makes it impossible to build a garage there. But it imposes certain definite restrictions on the building of the garage if it is not built in the rear of the lot. This is clear from the plain language of the...
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