Rowe v. City of South Portland

[¶ 1] Edward Rowe appeals from a judgment entered in the Superior Court (Cumberland County, Cole, J.) affirming the decision of the City of South Portland Zoning Board of Appeals’ granting a setback variance to Nancy Buck. Because we agree with Rowe’s contention that Buck failed to show that the property could not yield a reasonable return without the variance, we vacate the judgment.

[¶ 2] The facts may be summarized as follows: Buck built a home on a lot in South Portland in 1996. The home and the lot are irregular in shape. The area of the lot is approximately 28,000 square feet, and the…