Herrup v. Hartford

The following facts are undisputed: The plaintiff Herrup is the owner, and the plaintiff The Atlantic Refining Company the tenant, of premises situated at the corner of Capitol Avenue and Beacon Street in the city of Hartford. Since 1945 these premises have been located, under the zoning ordinance, in a business zone No. 1. On October 4 of that year, The Atlantic Refining Company, to be called the company, applied to the zoning board of appeals for a certificate of approval of the premises as a site for a gasoline filling station. General Statutes 2538. In order that the property might be used for this purpose, the company accompanied the application with another which, for reasons given elsewhere in this opinion, could be broadly treated as a request to the board to grant what the defendants have referred to as a "variance" of the ordinance. The latter application was based on 42-20 (5)(d) of the Hartford zoning ordinance, the material part of which is quoted in the footnote.1 After a public hearing, the board denied both [140 Conn. 625]