Raymond v. Zoning Bd. of Appeals of Town of Ridgefield
| Decision Date | 22 November 1972 |
| Citation | 318 A.2d 119,164 Conn. 85 |
| Parties | David F. RAYMOND v. ZONING BOARD OF APPEALS OF the TOWN OF RIDGEFIELD. |
| Court | Connecticut Supreme Court |
Robert A. Fuller, Wilton, with whom, on the brief, was William R. Curtis, So. Norwalk, for appellant (plaintiff).
Lawrence Hirsch, Norwalk, with whom was Herbert F. Rosenberg, Norwalk, for appellee (defendant).
Before HOUSE, C.J., and RYAN, SHAPIRO, LOISELLE and MacDONALD, JJ.
On February 11, 1970, the plaintiff filed an application with the defendant board for a certificate of approval of the location for a general repairer's license as required by § 14-54 of the General Statutes to conduct such a business at 90 Wilton Road West in the town of Ridgefield where a gasoline service station was located on the premises. A public hearing was held as provided in § 14-55 of the General Statutes, at which time the plaintiff amended his application to request a limited repairer's license only. The board denied the application on the ground that its approval would constitute an extension of a nonconforming use. From this decision the plaintiff appealed to the Court of Common Pleas. On the dismissal of the appeal the plaintiff appealed to this court.
The plaintiff claims that the trial court erred in dismissing the appeal when the record shows (1) that the plaintiff was a qualified repairer, (2) that the defendant board in 1967 granted a zoning variance for the same premises to allow minor repairs to motor vehicles and (3) the sole reason for not granting the plaintiff's application was that it would amount to an extension of a nonconforming use in violation of the zoning regulations.
No place of business for repairing automobiles shall be established or maintained unless the person establishing or maintaining it has procured from the motor vehicle commissioner a certificate stating that in the opinion of the commissioner the location of such a place of business would not imperil the safety of the public. General Statutes § 14-53. Any person who desires to obtain a license for repairing motor vehicles shall first obtain from the zoning board of appeals in the town where the property is located a certificate of approval of the location for which such license is desired. § 14-54.
For many years prior to the plaintiff's application, the premises in question had been used for a gasoline service station as a nonconforming use. The site is located in a residence AA zone in which the operation of a gasoline service station and an automobile repair shop are not permitted uses. On May 17, 1967, Else, C. Jensen applied to the defendant board for a variance to permit the improvement, reconstruction and partial relocation of a gasoline station building located at 93 Wilton Road West, together with the improvement of appurtenant facilities to permit the applicant to continue operation of a gasoline station as a nonconforming use. The intended use to be made of the premises was stated as follows: 'Sale of gasoline and related products and general business uses ordinarily coincidental with the operation of a gasoline station.' One June 14, 1967, the defendant board granted the application for the variance. The plaintiff, a sublessee of the premises, claims that the 1967 variance authorized the improvement of the premises to allow repair facilities and was tantamount to a finding by the defendant board that the premises were suitable for the repair business; that the statutory requirements for a limited repairer's licese were satsfied; and that it was error for the defendant board to deny the application on the ground that the approval of the plaintiff's application would constitute an extension of a nonconforming use.
The variance granted in 1967 was not an extension of the nonconforming use to permit repairs. The application was for a variance to permit the applicant to continue operation of a gasoline station as a nonconforming use for the '(s)ale of gasoline and related products and general uses ordinarily...
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...of approval for a particular use cannot be issued if that use would violate zoning regulations." Raymond v. Zoning Board of Appeals , 164 Conn. 85, 89, 318 A.2d 119 (1972).The General Assembly, in designating municipal zoning boards as agents of the state, entrusts in them the responsibilit......
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