Doyen v. Zoning Board of Appeals
In Doyen v. Zoning Board of Appeals, 67 Conn. App. 597, 603, 789 A.2d 478, cert. denied, 260 Conn. 901, 793 A.2d 1088 (2002) the property owners applied for a zoning permit to construct an addition that "contemplated a vertical expansion of their residence that would not exceed the 'existing structural footprint' of their house." Doyen v. Zoning Board of Appeals, supra, 67 Conn. App. at 599.
"The proposed addition would extend five to six feet over, but not beyond, the existing deck on the side of the house. The house, which was constructed prior to the adoption of the Essex zoning regulations in 1966, is a legally nonconforming structure in that a portion of the foundation and the deck attached to the same side of the house extend into the twenty-five foot side setback area required by the regulations." Id.
The Essex zoning board of appeals upheld the granting of the permit by the town's zoning enforcement officer, which the trial court reversed. Id., at 598. The Court subsequently reversed the court's decision. Id., at 612.