Johnson v. Zoning Bd. of Appeals of Town of Branford
| Decision Date | 23 January 1968 |
| Citation | 156 Conn. 622,238 A.2d 413 |
| Court | Connecticut Supreme Court |
| Parties | Carol C. JOHNSON v. ZONING BOARD OF APPEALS OF the TOWN OF BRANFORD et al. |
Carol C. Johnson, pro se.
John W. Colleran, New Haven, for appellee (defendant Kreske).
Frank J. Dumark, Branford, for appellee (named defendant).
Before ALCORN, HOUSE, THIM, RYAN and COVELLO, JJ.
A detailed recital of all the facts in this case is unnecessary. The plaintiff is the owner of a shorefront lot in Branford on which there are a dwelling house and a guest house. The defendant Walter Kreske, hereinafter referred to as the defendant, is the owner of the adjoining lot on which there are a dwelling house and an outbuilding. The zoning regulations provide that the maximum floor area of a building on either of these lots may not exceed 30 percent of the lot area. The defendant's house was a nonconforming use since the bulk floor area exceeded the maximum size by 7 percent. In 1965, the defendant applied to the Branford zoning board of appeals for a variance which would legalize additions to the house which had already been made. These additions consisted of a two-story addition, 4 feet by 23.2 feet; a second-story addition, 6 feet by 23.3 feet; and a carport, 20 feet by 18 feet. The additions increased the extent of the zoning nonconformance from 7 percent to 18 percent. The plaintiff appeared at the hearing and opposed the defendant's application, which was nevertheless granted by the board. The plaintiff appealed the board's decision to the Court of Common Pleas, which dismissed the appeal with a finding that the plaintiff was not an aggrieved person entitled to pursue the appeal. This appeal is from that judgment, and the only issue is whether the court correctly held that the plaintiff failed to sustain his burden of proving that he was aggrieved by the action of the board.
To prove aggrievement in a zoning case, appellants 'are required to establish that they were aggrieved by showing that they had a specific, personal and legal interest in the subject matter of the decision as distinguished from a general interest such as is the concern of all members of the community and that they were specially and injuriously affected in their property or other legal rights.' Krejpcio v. Zoning Board of Appeals, 152 Conn. 657, 660, 211 A.2d 687; I. R. Stich Associates, Inc. v. Town Council, 155 Conn. 1, 3, 229 A.2d 545. It is a question of fact for the court to determine. Ibid.; ...
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