New Britain herald., 1927-03-11

US to the ordinance for the rules and limitations therein contained.
 t3) contains direct grant of power 10 the board but this power is to be exercised only in cases Of 'unneces- sary hardship l find us a fact that no unnecessary hardship, as that term is used in the act, existed in this case.
 Sections 3G, $ and g. are con- cerned with matters irrelevant to this proceeding. Section S7 relates to appeals, the scope ot which is de- fined in the first para graph of this memorandum.
 The result Of thls analysis Is that the power to make the ezcep- ton in question cannot be found anywhere in the statute without ref erence 10 the ordinances.
 The thing that stands out from reading the zoning ordinance is the meticulous care with. which the use Of property in New Britain and the extent Of that use is circumscribed. Throughout the ordinance the power of board 10 make exceptions and grant permits Is carefully defined and strictly limited C. g. section 10 a, C. section II D. Then in section lS We have the definition Of the power Of the board to make spe- cial exceptions. The respond lnts have set up on their brief tpage 8 the particular provisions on which they reply. These provisions are section 1S tg) and section IS e 8. sections 13 (g) reads as follows:
 The board Of adjustment may. in appropriate specific cases and under conditions and safeguards herein recited or otherwise appro- priate, make special exceptions to the terms of this ordinance in har- mony with it's general purpose and intent. subject always to the rule that any exception shall be made with due consideration to conserv- ing the public health, safety welfare and property values. Tn addition to powers hcreinbcfore vested in such beard, it shall have the following powers.
 I. To hear and decide appeals where 1t is alleged there Is error in any order requirement, decision or determination made by the build- ing commission in the enforcement Of this ordinance.
 "'2. To hear and decide special exceptions to the terms of this or dinance, in accordance with limita- tions herein contained.
 "'3. To authorize upon appeal in specific cases such variance from the terms Of this ordinance as will not be contrary to the public inter- est, where, owing to special condi- tions, q literal enforcement of the provisions of this ordinance will re- suit in unnecessary hardship, and so that the spirit Of the ordinance shall be observed and substantial justice done: and to this end the board may. among other matters:
 "'Permit temporary non-con- forming structure or use in an un- developed section of the city, for a period of not more than one years duration.
 "'Permit the change Of a non- conforming use 10 another non-con- forming use which is not more harmful or detrimental: provided that no extension of a non-conform- ing area or structure is involved. Determine as to the intended location of a district boundary in any disputed case.
 ! "'Permit a variance from the terms of this ordinance in connec- ton with the property Of any public utility corporation. where such vari- ance is necessary for the public vel fare.
 Permit a variation from any required setback building line, in cases where the topography would otherwise necessitate excessively wasteful or impracticable construc- | tion
 "'Permit within ten feet of the boundary line between two classes Of districts. that any required open space in the more restricted district may be reduced in dimensions to not less than tho average of the corre- spending dimensions required in the ! two types of districts.
 Pass upon proposed amend ments to this ordinance, in accord ance with section 14 hereof Section 13 g-3 is substantially the same as section 35 (3) of the statute and is disposed of in the same way for the same reason. There remains then this inquiry fand this is the real nub of the easel does (g, in and of itself. give the board author ity to make the specific exception in question or must this exception.