Olean v. Zoning Bd. of Review of Town of Lincoln
| Decision Date | 08 June 1966 |
| Docket Number | No. 1698,1698 |
| Citation | 101 R.I. 50,220 A.2d 177 |
| Parties | James R. OLEAN v. ZONING BOARD OF REVIEW OF the TOWN OF LINCOLN. M.P. |
| Court | Rhode Island Supreme Court |
Edmund A. Baldi, North Providence, for petitioner.
Harry W. Asquith, Sol. for Town of Lincoln, William C. Hillman, Providence, for applicant.
This is a petition for certiorari brought by a remonstrant to review a decision of the zoning board of the town of Lincoln granting the applicants 'a special exception to operate the Brae Crest School of Ballet as a continuation of the present operation * * *.' Pursuant to the writ the pertinent records have been certified to this court.
It appears that the applicants are the owners of certain premises located in an agricultural residence district in which a 'school or college' is a permitted use. The premises which consist of approximately seven acres of land and on which are situated three buildings have since 1958 been utilized as a private school where ballet theory and practice as well as French are taught. In addition instruction is also offered in 'classical ballet, history of ballet, dance therapy, classical Russian ballet, Theatre History, instruction in anatomy, therapy for disturbed people, folk dancing from different countries and language.'
In 1964 the owners applied to the town building inspector for permission to erect a raised-wooden platform or stage which they proposed to use for giving private dancing lessons. When that application was denied they appealed to the zoning board which upheld the building inspector's decision on the ground that 'the main use (conduct of the school) was never established as legal use by a zoning board of the Town of Lincoln.'
The applicants rather than petitioning this court for certiorari to review that decision applied instead to the zoning board for a 'Special exception to operate the Brae Crest School of Ballet as a continuation of the present operation.' While the record does not unequivocally indicate what prompted a request so couched and for such a purpose, it apparently was at least in part induced by the board whose records disclose that coincident with the denial of the appeal from the building inspector's decision it voted 'to notify the operators of Brae Crest to petition this board for a special exception, so that the school may be legally established.' In any event and whatever may have been the reason for filing the application, the relief sought was in substance for a pronouncement that the use was legally established and that the premises could continue to be used as they had been continually since 1958. The board acted favorably to the applicants and voted to grant 'a special exception to operate the Brae Crest School of Ballet as a continuation of the present operation * * *.'
At the outset it is well to make clear the nature of the...
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Krikor S. Dulgarian Trust v. Zoning Bd. of Review of Providence
...(1949); Ralston Purina Co. v. Zoning Bd. of Review of Westerly, 64 R.I. 197, 12 A.2d 219 (1940); see Olean v. Zoning Bd. of Review of Lincoln, 101 R.I. 50, 52, 220 A.2d 177, 178 (1966) (noting that zoning board may authorize deviations from the comprehensive plan by granting special excepti......
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Hassell v. Zoning Bd. of Review of City of East Providence
...enforcement of zoning legislation, and, in addition to pass on applications for special exceptions or variances. Olean v. Zoning Board of Review, 101 R.I. 50, 220 A.2d 177; §§ 45-24-13 and 45-24-19. These are its only responsibilities. It has no others for the limits on its authority have b......
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Cohen v. Duncan, C.A. No. 2002-599 (RI 6/9/2004)
...appeal from an officer's determination made while enforcing the laws. See Olean v. Zoning Bd. of Review of the Town of Lincoln, 101 R.I. 50, 52, 220 A.2d 177, 178 (R.I. 1966) (zoning board's jurisdiction is limited to "hear[ing] appeals from the determinations of administrative officers mad......