There was much wringing of hands and gnashing of teeth following the state Appellate Court’s decision late last year in MacKenzie v. Planning and Zoning Commission of Monroe, 146 Conn. App. 406 (2013), in which the court ruled that zoning regulations that permit a zoning commission to apply flexible setback and landscaping requirements in approving development applications are invalid. The question remains whether MacKenzie is a turning point in the decades-long trend away from rigid site design standards or an isolated decision based on a terrible set of facts.
For those who have not heard the warnings about MacKenzie, the case involved an appeal of a decision of the Monroe Planning and Zoning Commission granting a special permit and a zone change application to allow the construction of a McDonald’s restaurant on a 4.4-acre parcel on Main Street. The zoning designation of the lot was changed from residential to Design Business District to expand the commercial zone bordering the property.
