Business Case Problems 26-4. Zoning and Variances. Joseph and Lois Ryan hirecd a
ID: 393639 • Letter: B
Question
Business Case Problems 26-4. Zoning and Variances. Joseph and Lois Ryan hirecd a contractor to build a home in Weston, Connecticut. The contractor submitted plans to the town that included a roof height of thirty-eight feet for the proposed dwelling. This exceeded the town's roof-height restriction of thirty-five feet. The contractor and the architect revised the plans to meet the restriction, and the town approved the plans and issued a oning permit and a building permit. After the roof was con- structed, a code enforcement officer discovered that it mea sured thirty-seven feet, seven inches high. The officer issued a cease-and-desist order requiring the Ryans to "remove the height violation and bring the structure into compliance." The Ryans appealed to the zoning board claiming that the error was not theirs but that of their general contractor and architect. The zoning board upheld the cease- and-desist order but later granted the Ryans a variance because the roof height was out of compliance by approximately two feet, the home [was] perched high on the land and [was] not a detriment to the neighborhood, and.. .the hardship was created by the contractor's error."Explanation / Answer
The trial court had considered granting a variance, by stating that the structure was causing hardship to the neighbors and moreover, it was a self-created hardship. In my views, the trial court is valid in granting the hardship. The neighbors had stated discomfort with the building being high than the permissible height, as the higher building gets more prone to catch fire and create a ruckus in the society. Leaving the building as it is will compromise the overall security of the society and hence granting the variance can be considered legitimate.
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