Wagner v. J & B Contractors, LLC

Summary

The Court affirmed the Superior Court’s judgment upholding variances that allowed J & B Contractors to divide its property into two residential lots despite net lot-size deficiencies caused by protected-resource requirements. The Court held that the requested relief involved area variances, not use variances, because single-family residences remained a permitted use and the variances concerned only dimensional requirements. The Court also held that the Board’s findings were supported by substantial evidence, including the property’s surroundings, compliance with environmental restrictions, and the practical difficulty of subdividing the property without the variances.