MONDAY, MARCH 29, 2004 - 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 are then allowed.
· The hearing will then be closed (unless the it has been tabled to the next 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, applicants may leave if they wish.
THE MEETING WILL ADJOURN AT 9:00 P.M.
CALL TO ORDER
ROLL CALL
APPROVAL OF MINUTES – February 23, 2004
CORRESPONDENCE / STAFF REPORT
PUBLIC HEARING(S) / PROCEDURAL & POLICY STATEMENTS BY CHAIRMAN
5a. ZBA 2004-03-01 - Bellinger, 3 Meadowlark Rd., Map 18 / Lot 96, R33 Zone, 4-ft. side yard variance, 8' existing, 10' required to construct addition off rear of house - EZO Section 4.10.2H
5b. ZBA 2004-03-02 - Hellberg, 101 Till St., 101 Till St., Map 59 / Lot 215, R33 Zone, 14' front yard variance, multiple existing, 35' required to construct new entry porch and 2-car garage- EZO Section 4.10.2H
OLD BUSINESS - NON-PUBLIC HEARING ITEMS
SUITABILITY OF LOCATION [new or used car sales, general repairer license, limited repairer license, gasoline service stations]
6a. ZBA 2004-02-03 – Enfield Ford d.b.a. Quick Lane, 33 Palomba Drive, Map 57 / Lot 343, BR Zone: Request for Certificate of Suitability – limited repairer license. – CGS Section 14-54 and EZO Section 11.00C. (NOTE: Amendment Sec. 70 to the state budget affecting suitability of location statutes reinstates the ZBA as the required approver of a certificate of location. Sec. 10 of the original PA 03-184 remains in effect; that section repealed CGS 14-55 that required a public hearing.)
This has not been heard yet by the Planning & Zoning Commission. The recommended final date for determining this application will be the 4/26/04 meeting date. It should be tabled this evening to 4/26/04; if not ready for ZBA consideration by then (zoning ordinance requires PZC approval before ZBA approval), it should be denied without prejudice.
6b. ZBA 2004-03-03 – Pacheco & Son, LLC, 157 South Road, Map 55 / Lot 82, I-1 Zone: Request for Certificate of Suitability – General repairer license. – CGS Section 14-54 and EZO Section 11.00C. (NOTE: Amendment Sec. 70 to the state budget affecting suitability of location statutes reinstates the ZBA as the required approver of a certificate of location. Sec. 10 of the original PA 03-184 remains in effect; that section repealed CGS 14-55 that required a public hearing.)
OTHER BUSINESS
· Discussion item: Removal of review criteria for location suitability with the deletion of CGS Section 14-55, Public Hearing
· Discussion item: Membership identification cards
ORGANIZATIONAL MEETING [January biennial Organizational Meeting: election of officers& review of by-laws; even numbered years]
1. Review of By-laws: (1) Re-formatting the agenda and adding it to the by-laws as APPENDIX I; (2) Issues as raised by Members
2. Nomination of Officers
3. Election of Officers