Wadell v. Board of Zoning Appeals

The plaintiffs appealed to the Court of Common Pleas from the grant of a variation under the zoning ordinance of New Haven, and from a judgment for the defendant board in that court have appealed to this court. The undisputed facts show this general situation: St. Aedan’s Church owns a tract of land in a residence zone in the city on which stand a church and a rectory. It desires to erect a school on the property, a permitted use in the zone. The ordinance, however, contains a provision that in such zones, in case of a building other than a residence, there shall be side yards at least twenty…