Goldstein v. City of South Portland

[¶ 1] The City of South Portland appeals from a judgment entered in the Superior Court (Cumberland County, Mills, J.) vacating the South Portland Zoning Board of Appeals’ grant of a setback variance to Wayne and Elizabeth Ross for the reconstruction of a residence and garage. Because the Rosses failed to demonstrate that their property could not yield a reasonable return without the variance, we affirm the court’s judgment.

[¶ 2] The Rosses own and currently rent a two-bedroom house with a garage. Desiring to use the property as their retirement home, the Rosses want to reconstruct and expand…