Opinion

Charrette v. Inhabs. of the Town of Sanford

Court
Superior Court of Maine
Filed
Feb 2, 2000
Status
Unpublished
On the bench
Paul A. Fritzsche
Cited by
0 cases
Authority
More cited than 34.1%

The opinion

DONALD L. GARSRECHT

LAW LIBPARY

STATE OF MAINE ; SUPERIOR COURT

! FER 4 oop CIVIL ACTION

YORK, ss. : ° . DOCKET NO. AP-99-032

3. 2 ee . on .

j

RICHARD G. CHARRETTE. -

and LILLIAN R. CHARRETTE,

Plaintiffs

Vv.

ORDER

INH. TOWN OF SANFORD, AND

DECISION

Defendant

and -

MICHAEL ANGERS and

DIANE ANGERS,

Parties-In-Interest

Richard and Lillian Charrette own real estate in the rural residential zone in

Springvale which abuts property owned by Michael and Diane Angers at 153

Littlefield Road. Michael and Diane Angers own about 2.3 acres of land with a

single family home and a 30’ by 40’ garage. The garage is used by Mr. Angers to do

truck maintenance on the vehicles used in his trucking business. Complaints were

made about that business to the codes enforcement officer. Those complaints

resulted in a request by Michael and Diane Angers for a dimensional variance to

run an owner operating trucking business on their 2.3 acre parcel. Normally, a lot

greater than 5 acres in size is required. The Zoning Board of Appeals granted the

variance over the objection of the plaintiffs and the neighbors, the Charrettes,

appealed. I find that the Charrettes have standing to bring this appeal.

A variance can only be granted when strict application of the ordinance to the

» petitioners and their property would cause undue hardship. In order for there to be

“undue hardship” the petitioners must establish that, among other requirements,

“The land in question can not yield a reasonable return unless a variance is

granted.” See 30-A M.R.S.A. §4353(4)(A). A “reasonable return” has been interpreted

to mean that the applicant must ”. . . show that the denial of the variance will result

in the ‘practical loss of all beneficial use of the land’.” Brooks v. Cumberland Farms,

Inc., 703 A.2d 844, 848 (Me. 1997). Here even if the trucking business is not permitted

a home and garage exist. Since they exist a reasonable return exists and a variance,

regardless of whether or not the other requirements for a variance are met, should

not have been granted. The case cited by the applicants, Cushing v. Smith, 457 A.2d

816, 823 (Me. 1983) while not formally overruled does not appear to be consistent

D with current law as summarized in Brooks. As Sanford has not adopted the

optional procedures for variances from dimensional standards authorized by 30-A

M.R.S.A. §4353 (4-C), see note 10 to Brooks, and as there is no evidence to suggest

that the Board found that alleged contamination had eliminated the value of the

property as a residence,

The entry must be:

Decision of the Sanford Zoning Board of Appeals granting

a dimensional variance is vacated.

Dated: February 2, 2000 YO?

RICHARD & LILLIAM CHARRETTE: / Lut Le fut ae4l

Edward J. Titcom, Esq. \ ;

WATERHOUSE TITCOMB FLAHERTY Paul A. Fritzsche

P O BOX 311 & KNIGHT Justice, Superior Court

NFORD MAINE 04073

LOWN OF SANFORD:

Sally J. Daggett, Esq.

JENSEN BAIRD GARDNER & HENRY

PO BOX 4510

PORTLAND ME 04112-4510

MICHAEL & DIANE ANGERS:

2 Paul W. Cadigan, Esq.

57 Portland Rd.

Kennebunk, ME. 04043

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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