section 8-6(3) variance (Connecticut) · Go Syfert
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section 8-6(3) variance in Connecticut

35 Connecticut opinions name it 3 courts 1963–2009 0 in the last five years

The cases below were cited by Connecticut courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Langer v. Planning & Zoning Commissiongreen
conn · 1972 · cited in 1 Connecticut opinions naming this issue, 2009–2009
2 sentences

2009See Langer v. Planning & Zoning Commission, 163 Conn. 453, 457 , 313 A.2d 44 (1972) (under § 8-6 “the power to vary the ordinance . . . lies exclusively in a [zoning] board of appeals”).

2009See Langer v. Planning & Zoning Commission, 163 Conn. 453, 457 , 313 A.2d 44 (1972) (under § 8-6 “the power to vary the ordinance . . . lies exclusively in a [zoning] board of appeals”).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Connecticut. Read the followed side critically anyway.

Also cited on this issue (15)

CaseCitedYears
Smith v. Zoning Board of Appeals green
conn · 1978
2 sentences

1996A local zoning board has the power to grant a variance under General Statutes § 8-6 (3) when two basic conditions are met: "(1) the variance must be shown not to affect substantially the comprehensive zoning plan, and (2) adherence to the strict letter of the zoning ordinance must be shown to cause unusual hardship unnecessary to the carrying out of the general purpose of the zoning plan." Smith v. Zoning Board of Appeals, 174 Conn. 323 , 326 (1978).

1995Standard of Review A local zoning board has the power to grant a variance under General Statutes § 8-6 (3) where two basic conditions are satisfied: "(1) the variance must be shown not to affect substantially the comprehensive zoning plan, and (2) adherence to the strict letter of the zoning ordinance must be shown to cause unusual hardship unnecessary to the carrying out of the general purpose of the zoning plan." Smith v. Zoning Board of Appeals, 174 Conn. 323 , 326 , 387 A.2d 542 (1978).

151982–1998
Grillo v. Zoning Board of Appeals green
conn · 1988
2 sentences

2008“A variance constitutes permission to act in a manner that is otherwise prohibited under the zoning law of the town.” Bloom v. Zoning Board of Appeals, 233 Conn. 198, 206 , 658 A.2d 559 (1995). “[T]he authority of a zoning board of appeals to grant a variance under General Statutes § 8-6 (3) requires the fulfillment of two conditions: (1) the variance must be shown not to affect substantially the comprehensive zoning plan, and (2) adherence to the strict letter of the zoning ordinance must be shown to cause unusual hardship unnecessary to the carrying out of the general purpose of the zoning p

2008“A variance constitutes permission to act in a manner that is otherwise prohibited under the zoning law of the town.” Bloom v. Zoning Board of Appeals, 233 Conn. 198, 206 , 658 A.2d 559 (1995). “[T]he authority of a zoning board of appeals to grant a variance under General Statutes § 8-6 (3) requires the fulfillment of two conditions: (1) the variance must be shown not to affect substantially the comprehensive zoning plan, and (2) adherence to the strict letter of the zoning ordinance must be shown to cause unusual hardship unnecessary to the carrying out of the general purpose of the zoning p

131988–2008
Whittaker v. Zoning Board of Appeals green
conn · 1980
2 sentences

1989The plaintiff’s first claim, which is dispositive of this appeal, is that the trial court erred in finding that the record revealed sufficient evidence of hardship as required by General Statutes § 8-6. 6 “ ‘A local zoning board has the power to grant a variance under General Statutes § 8-6 (3) where two basic conditions are satisfied: “(1) the variance must be shown not to affect substantially the comprehensive zoning plan, and (2) adherence to the strict letter of the zoning ordinance must be shown to cause unusual hardship unnecessary to the carrying out of the general purpose of the zoning

1989The plaintiff’s first claim, which is dispositive of this appeal, is that the trial court erred in finding that the record revealed sufficient evidence of hardship as required by General Statutes § 8-6. 6 “ ‘A local zoning board has the power to grant a variance under General Statutes § 8-6 (3) where two basic conditions are satisfied: “(1) the variance must be shown not to affect substantially the comprehensive zoning plan, and (2) adherence to the strict letter of the zoning ordinance must be shown to cause unusual hardship unnecessary to the carrying out of the general purpose of the zoning

81982–1998
Bloom v. Zoning Board of Appeals green
conn · 1995
2 sentences

2008“A variance constitutes permission to act in a manner that is otherwise prohibited under the zoning law of the town.” Bloom v. Zoning Board of Appeals, 233 Conn. 198, 206 , 658 A.2d 559 (1995). “[T]he authority of a zoning board of appeals to grant a variance under General Statutes § 8-6 (3) requires the fulfillment of two conditions: (1) the variance must be shown not to affect substantially the comprehensive zoning plan, and (2) adherence to the strict letter of the zoning ordinance must be shown to cause unusual hardship unnecessary to the carrying out of the general purpose of the zoning p

2008“A variance constitutes permission to act in a manner that is otherwise prohibited under the zoning law of the town.” Bloom v. Zoning Board of Appeals, 233 Conn. 198, 206 , 658 A.2d 559 (1995). “[T]he authority of a zoning board of appeals to grant a variance under General Statutes § 8-6 (3) requires the fulfillment of two conditions: (1) the variance must be shown not to affect substantially the comprehensive zoning plan, and (2) adherence to the strict letter of the zoning ordinance must be shown to cause unusual hardship unnecessary to the carrying out of the general purpose of the zoning p

22002–2008
Aitken v. Zoning Board of Appeals green
connappct · 1989
2 sentences

1998Smith v. Zoning Board of Appeals , 174 Conn. 323 , 326 (1978); Whittaker v. Zoning Board of Appeals , 179 Conn. 650 , 655 (1980); Aitken v. Zoning Board of Appeals , 18 Conn. App. 195 , 204 (1989).

1993Grillo v. Zoning Board of Appeals, 206 Conn. 362 , 368 ; Adolphson v. Zoning Board of Appeals, 205 Conn. 703 , 709 ; Whittaker v. Zoning Board of Appeals, 179 Conn. 650 , 655 ; Aitken v. Zoning Board of Appeals, 18 Conn. App. 195 , 204 .

21993–1998
Eagan v. Zoning Board of Appeals green
connappct · 1990
2 sentences

1996A zoning board may grant a variance from the regulations "if strict adherence to the zoning ordinance would cause unusual hardship unnecessary to achieving the [zoning] plan's purpose." Eagan v. Zoning Board of Appeals, 20 Conn. App. 561 , 563 (1990).

1995"Proof of hardship is, therefore, a condition precedent to the granting of a CT Page 2552 variance, and such hardship must arise from the circumstances or conditions beyond the applicant's control." Eagan v. Zoning Board of Appeals, 20 Conn. App. 561 , 563 , 568 A.2d 811 (1990).

21995–1996
Kaeser v. Zoning Board of Appeals green
conn · 1991
2 sentences

1995For a zoning board of appeals to grant a variance under section 8-6 (a)(3), two requirements must be met: "`(1) the variance must be shown not to affect substantially the comprehensive zoning plan, and (2) adherence to the strict letter of the zoning ordinance must be shown to cause unusual hardship unnecessary to the carrying out of the general purpose of the zoning plan.'" 4 Francini v. Zoning Board of Appeals, supra, 228 Conn. 790 ; Zarembski v. Easton Zoning Board, Superior Court, Judicial District of Fairfield at Bridgeport, Docket No. 30 53 67 (January 25, 1994, Fuller, J.). "`It is well

1995For a zoning board of appeals to grant a variance under section 8-6 (a)(3), two requirements must be met: "`(1) the variance must be shown not to affect substantially the comprehensive zoning plan, and (2) adherence to the strict letter of the zoning ordinance must be shown to cause unusual hardship unnecessary to the carrying out of the general purpose of the zoning plan.'" 4 Francini v. Zoning Board of Appeals, supra, 228 Conn. 790 ; Zarembski v. Easton Zoning Board, Superior Court, Judicial District of Fairfield at Bridgeport, Docket No. 30 53 67 (January 25, 1994, Fuller, J.). "`It is well

21995–1996
Adolphson v. Zoning Board of Appeals green
conn · 1988
2 sentences

1993Grillo v. Zoning Board of Appeals, 206 Conn. 362 , 368 ; Adolphson v. Zoning Board of Appeals, 205 Conn. 703 , 709 ; Whittaker v. Zoning Board of Appeals, 179 Conn. 650 , 655 ; Aitken v. Zoning Board of Appeals, 18 Conn. App. 195 , 204 .

1991The authority of a Zoning Board of Appeals to grant a variance under General Statutes section 8-6 (3) requires the fulfillment of two conditions: "(1) the variance must be shown not to affect substantially the comprehensive zoning plan, and (2) adherence to the strict letter of the zoning ordinance must be shown to cause unusual hardship unnecessary to the carrying out of the general purpose of the zoning plan." Grillo v. Zoning Board of Appeals, 205 Conn. 703 , 709 (1988).

21991–1993
Florentine v. Town of Darien green
conn · 1955
2 sentences

1973Florentine v. Darien, 142 Conn. 415, 425 , 115 A.2d 328 , and authorities cited.

1973Florentine v. Darien, 142 Conn. 415, 425 , 115 A.2d 328 , and authorities cited.

21963–1973
Reid v. Zoning Board of Appeals green
conn · 1996
2 sentences

2001"Variances cannot be personal in nature, and may be based only upon property conditions." Reid v. Zoning Board of Appeals , 235 Conn. 850 , 857 , 670 A.2d 1271 (1996).

2001"Variances cannot be personal in nature, and may be based only upon property conditions." Reid v. Zoning Board of Appeals , 235 Conn. 850 , 857 , 670 A.2d 1271 (1996).

12001–2001
Ward v. Zoning Board of Appeals green
conn · 1965
1 sentence

2000Ward v. Zoning Board of Appeals , 153 Conn. 141 , 145 (1965) and proof of hardship is a condition precedent.

12000–2000
Garibaldi v. Zoning Board of Appeals green
conn · 1972
1 sentence

1995The defendants cite Garibaldi v. Zoning Board of Appeals of Norwalk, 163 Conn. 235 (1972), for this proposition.

11995–1995
Talmadge v. Board of Zoning Appeals green
conn · 1954
2 sentences

1992"The power of authorizing variances is to be sparingly exercised." Talmadge v. Board of Zoning Appeals, 141 Conn. 639 , 643 , 109 A.2d 253 (1954).

1992"The power of authorizing variances is to be sparingly exercised." Talmadge v. Board of Zoning Appeals, 141 Conn. 639 , 643 , 109 A.2d 253 (1954).

11992–1992
Spencer v. Zoning Board of Appeals green
connappct · 1988
1 sentence

1991Grillo v. Zoning Board of Appeals, 206 Conn. 362 , 368 ; Smith v. Zoning Board of Appeals, 174 Conn. 323 , 326 ; Spencer v. Zoning Board of Appeals, 15 Conn. App. 387 , 389 .

11991–1991
Grillo v. Zoning Board of Appeals green
connappct · 1985
2 sentences

1989(Footnote omitted.)” Grillo v. Zoning Board of Appeals, 4 Conn. App. 205, 208 , 493 A.2d 275 (1985).

1989(Footnote omitted.)” Grillo v. Zoning Board of Appeals, 4 Conn. App. 205, 208 , 493 A.2d 275 (1985).

11989–1989

Statutes the citing opinions construe

CT § Conn. Gen. Stat. § 8-6 (35) CT § Conn. Gen. Stat. § 8-8 (8) CT § Conn. Gen. Stat. § 8-7 (5) CT § Conn. Gen. Stat. § 51-199 (3) CT § Conn. Gen. Stat. § 8-3 (3) CT § Conn. Gen. Stat. § 8-5 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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