Woodbury v. Zoning Bd. of Review of City of Warwick, 957
| Decision Date | 29 June 1951 |
| Docket Number | No. 957,957 |
| Parties | WOODBURY et ux. v. ZONING BOARD OF REVIEW OF CITY OF WARWICK. M. P. |
| Court | Rhode Island Supreme Court |
Harry Goldstein, Providence, for petitioners.
Hailes L. Palmer, City Solicitor of Warwick, Providence, for respondent.
This is a petition for a writ of certiorari, brought under the provisions of general laws 1938, chapter 342, praying that a certain decision of the respondent zoning board of review of the city of Warwick be reviewed and reversed.
The record certified to this court in response to the writ shows that Marie L. Vient is the owner of a parcel of land on West Shore Road in said city which comprises an area of slightly over one acre upon which there is a building approximately 60 by 40 feet. She filed on a printed form an application with the zoning board of review, hereinafter referred to as the board, for an exception or variation under the zoning ordinance respecting the above-described parcel. It appears from the application that the premises, which were located in a residence B district, were presently being used as a tourist home but that the owner now desires permission to use them as a funeral home. The application also specifically states that it was being made under the provisions of sec. XV(A) 3 of the zoning ordinance of that city.
The above section deals with the organization and powers of the board and the portion pertinent to the instant case reads as follows: It also appears from the ordinance that in a residence B district the following uses are allowed: A use permitted in a residence AA or residence A district, a double cottage, commercial nurseries and greenhouses, raising of crops, certain types of hospitals or sanitariums and accessory uses not material here.
Notices of the hearing before the board on the above application were duly given to interested parties. According to the record when the matter was heard four owners of property in the vicinity of the parcel in question appeared and objected to the granting of the application. Different reasons for their position were advanced by the various objectors, such reasons in general being the devaluation of their property, the type of business suggested, the creation of a parking problem and hazard to school children. One of these objectors and his wife are the petitioners in the instant cause.
The owner of the property stated to the board that she wished to lease it to William McGarry for a funeral home and that the latter intended to live in the house. The proposed tenant stated to the board in substance that he would provide off-street parking in the rear of the house and that he would agree to the imposition of such a condition. At the hearing no sworn testimony was taken but oral statements merely were received from those interested.
After the hearing the board made the following decision:
The petitioners herein contend in substance that there was no competent testimony before the board to justify the granting by it of the application filed by the owner of the land under sec. XV(A) 3 of the zoning ordinance; that the board's decision in the circumstances constituted an abuse of discretion; and that the board exceeded its jurisdiction in granting the exception for a period of two years. In this proceeding the...
To continue reading
Request your trial
-
Van Sant v. City of Everett
...See Mitchell Land Co. v. Planning & Zoning Bd. of Appeals, 140 Conn. 527, 102 A.2d 316, 321 (1953); Woodbury v. Zoning Bd. of Review, 78 R.I. 319, 82 A.2d 164, 166 (1951); National Heritage, Inc. v. Pritza, 728 P.2d 737, 738 2. Burden of Proof The City asserts that the record of proceedings......
-
Champlin's Realty Associates v. Tikoian, C.A. No. PC 06-1659 (R.I. Super 2/23/2009), C.A. No. PC 06-1659.
... ... not confer jurisdiction on this Court to review the matter under the RIAPA ... Although the ... City of East Providence v. Shell Oil Co. , 110 R.I ... See Woodbury v. Zoning Board of Review of the City of Warwick ... ...
-
Krikor S. Dulgarian Trust v. Zoning Bd. of Review of Providence
...by this court unless it is so arbitrary and unreasonable as to show a clear abuse of discretion." Woodbury v. Zoning Bd. of Review of City of Warwick, 78 R.I. 319, 324, 82 A.2d 164, 167 (1951); see Jacques v. Zoning Board of Review, 64 R.I. 284, 12 A.2d 222 (1940). Additionally, the Board i......
-
Nani v. Zoning Bd. of Review of Town of Smithfield
...v. Zoning Board of Review, 79 R.I. 489, 90 A.2d 416; Nutini v. Zoning Board of Review, 78 R.I. 421, 82 A.2d 883; Woodbury v. Zoning Board of Review, 78 R.I. 319, 82 A.2d 164.2 This viewpoint finds support in the dicta of Richardson v. Zoning Board of Review, 101 R.I. 194, 221 A.2d 460, and ......