Appeal from the Circuit Court of Wayne County. No. 91-MC-2. Honorable Donald E. Garrison, Judge Presiding.
Chapman, Lewis, Goldenhersh
The opinion of the court was delivered by: Chapman
JUSTICE CHAPMAN delivered the opinion of the court:
Marie Warren appeals from a judgment entered by the trial court affirming the Fairfield Zoning Board of Appeals' decision to rescind a permit issued to Warren to place a mobile home on a lot located within the City of Fairfield (City). We affirm.
Warren owns two contiguous lots, lots 25 and 28, in the John Vaughn Addition in the City of Fairfield. Each lot contains 7500 square feet. On October 22, 1991, plaintiff applied for a permit from the City to place a mobile home on lot 28. At the time her application for a permit was filed, a small house improved lot 25 and a mobile home improved lot 28. The City zoning officer approved plaintiff's application. On October 30, 1991, Leo and Lea Doty filed a complaint with the City Zoning Board of Appeals (Zoning Board) and asked for reversal of the decision of the zoning officer and a recall of said permit. On November 1, 1991, the plaintiff filed a request with the zoning officer to combine lots 25 and 28 to satisfy the acreage requirements for zoning purposes. The Zoning Board rescinded the permit previously issued to Warren. Warren appealed the decision of the Zoning Board to the circuit court. After a hearing, the circuit Judge entered judgment in favor of the defendants and against the plaintiff. Warren appeals to this court.
For her first issue, Warren argues that the trial court erred in affirming the decision of the Zoning Board which precluded plaintiff from tacking two contiguous lots to satisfy the acreage requirements of the Fairfield Municipal Zoning Code.
Section 28.04.030 of the Fairfield Municipal Zoning Code (the Code) provides:
"Open Space and Height. In each zone district each structure erected or altered shall be provided with the yards specified, shall be on a lot of the area and width specified, and shall not exceed the heights specified in the zoning schedule, Chapter 28.12. No open space or lot required for a building or structure shall during its life be occupied by or counted as open space for another building or structure. " (Emphasis added.) (Fairfield Municipal Zoning Code § 28.04.030 (1988).)
Section 28.20.080 provides:
"Lot. For zoning purposes, as covered by the ordinance, a lot is a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required. Such lots shall have frontage on an improved public street, and may consist of:
a) a single lot of record;
b) a portion of a lot of record;
c) a combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record;
d) a parcel of land described by metes and bounds; provided that in no case of division or combination shall any residential lot or parcel be created which does not meet the requirements of this ordinance." (Emphasis added.) ...