Brief Fact Summary. The Plaintiffs, Commons (Plaintiffs), brought suit to challenge the decision of the Defendant, Westwood Zoning Board of Adjustment (Defendant), to deny variance from minimum frontage requirements for single family residences. The Plaintiffs could not build a home on the undersized lot.
Synopsis of Rule of Law. Specific factual findings concerning hardship to applicant and affect on purpose of the ordinance are required to justify decision to deny a variance.
Issue. Has the plaintiff experienced an undue hardship because he can not construct a single-family dwelling on this size lot, such that a variance from the zoning ordinance should be allowed to avoid that undue hardship?
Could the variance be granted without substantial detriment to the public good and without impairing the purpose of the zoning plan?
Held. The Court stated that a reasonable conclusion might be that the property was subjected to hardship and had effectively been zoned into inutility unless the variance was granted. Indeed, the Court found the evidence before the Board was insufficient to decide whether or not hardship had been established. Thus, the issue was remanded to Board for additional factual consideration.
Factual findings of Defendant were not specific enough to establish conclusion that variance could not be justly granted, particularly if they had to do with structure, appearance or value of home smaller in size than those in the neighborhood. In particular, there should have been consideration of a plan for the proposed house and whether it would comply with the municipality’s building code.
Unless such findings are recited, a reviewing court cannot determine fairly whether the Board acted properly and within the limits of its authority in refusing a variance.View Full Point of Law