MONDAY, OCTOBER 30, 2006 - 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 – September 25, 2006
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 Friday, October 20, 2006, and Tuesday, October 24, 2006.)
ZBA 2006-09-03 – Blake Investments, LLC, Applicant & Owner, 2 Shaker Road, Map 64 / Lot 70, BL Zone, requesting a variance to allow a second tenant sign below the main freestanding sign - EZO Section 10.30.5
ZBA 2006-10-01 – Carmelo Cicero/Solidus, Applicant & Hamilton Sundstrand Federal Credit Union, Owner, 385 Enfield St., Map 33 / Lot 232, BL Zone, requesting a variance to demolish an existing building and construct a new building on an existing foundation that is 45 +/- feet from the front property line where 60 feet is the minimum required - EZO Sections 3.40.2B (non-conforming structure) and 5.10 (BL front yard setback)
ZBA 2006-10-02 – Kyle & Roland Atkinson, Applicants / Owners, 24 Glen Oak Dr., Map 58 / Lot 54, R-33 Zone, requesting a variance to allow a shed in the front yard of a corner lot adjacent to Pine Grove Ave., instead of locating it in the required rear yard - EZO Section 3.30.7Aii
6. OTHER BUSINESS
· NONE