Mayer-Wittmann v. Zoning Board of Appeals

Summary

The court affirmed the judgment upholding variances that allowed reconstruction of a hurricane-damaged, legally nonconforming accessory cottage. It held that flood-elevation requirements applied because the repair cost exceeded 50 percent of the cottage's value, but the cottage retained its nonconforming status as to setback and height requirements. The court also held that denying the variances would prevent continued use of the existing cottage and create an unusual hardship, and that the owner was not required to eliminate every nonconformity.