MONDAY, OCTOBER 29, 2007 - 7:00 P.M.
NOTES ON VARIANCES
When can a variance be granted?
A variance may be granted where such grant will not affect the overall purpose of the Zoning Ordinance, and where strict interpretation of the Ordinance will result in a hardship.
What constitutes a legal hardship?
A legal hardship exists when the Zoning ordinance uniquely affects a parcel of land differently from other properties, and where use of the property or reasonable use of the land would be impossible without the variance. Self-imposed or financial hardships cannot, by law, be considered as a reason for granting a variance.
What other issues affect the variance consideration procedure?
A variance, once granted, runs permanently with the property; there is no connection to the present or future owner(s) of the parcel. Connecticut courts have held that variances should be granted sparingly in order to protect the integrity of the Zoning Ordinance. In particular, state law requires a minimum of four affirmative votes of the five-person Board in order to grant a variance.
Should there be only four members present at a meeting, and should a quorum be met without any abstentions on the part of that Board, an applicant shall be given the option of waiting until the next regularly scheduled meeting for their application to be heard at Public Hearing, or to request a special meeting should time limits require and allow.
PUBLIC HEARING PROCEDURES
· Public Hearings for Appeals & Variances will be opened by the Chairman;
· Presentations & testimony will be heard;
· Comments for & against the application will be solicited from members of the audience present, and;
· Final comments by the applicant allowed.
· The hearing will then be closed (unless it has been tabled to the n ext meeting), the application discussed by the Board, and a vote taken (a minimum of four concurring votes are required by law for approval).
· Upon completion of the vote, the applicant may leave or remain to participate in other applications before the Board.
THE MEETING WILL ADJOURN AT 9:00 P.M.
1. CALL TO ORDER
2. ROLL CALL
3. APPROVAL OF MINUTES – July 30, 2007 Special Meeting
4. CORRESPONDENCE / STAFF REPORT
5. PUBLIC HEARING(S) / PROCEDURAL & POLICY STATEMENTS BY CHAIRMAN
(Legal Notices for the following public hearings were published in the Journal Enquirer on Monday, October 15, 2007, and Monday, October 22, 2007.)
ZBA 2007-09-01 – Jerry Gatten, Applicant & Owner, 78 West Shore Dr., Map 96 / Lot 17, R33 Zone, requesting a side yard setback variance of 10 ft., 10 ft. required, 10 ft. existing, 0 ft. proposed, and a coverage variance of 5.5%, 20% allowed, 21.95 nonconforming existing, 26.5% proposed, to construct a carport - EZO Section 4.10.2H
NONE
ZBA 2007-10-01 – Rick & Roberta Bragan, Applicants & Owners, 5 Harding Cir., Map 90 / Lot 169, R44 Zone, requesting a rear yard setback variance of 5 ft., 35 ft. required, 25 ft. existing, 30 ft. proposed, to construct a 3-season room - EZO Section 4.10.2H
ZBA 2007-10-02 – CT DOT, Applicant, state road reconstruction project No. 48-186, 223 Abbe Rd., Map 86 / Lot 293, R-44 Zone: Requesting a lot size variance from existing 28,048-sq. ft. [44,000 sq. ft. required] to 26,488± sq. ft. – Section 4.10, Table
ZBA 2007-10-03 – CT DOT, Applicant, state road reconstruction project No. 48-186, 97 Town Farm Rd., Map 86 / Lot 291, R-88 Zone: Requesting a lot size variance from existing 44,000± sq. ft. [88,000 sq. ft. required] to 42,550± sq. ft. – Section 4.10, Table
6. OTHER BUSINESS