MONDAY, APRIL 26, 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 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, applicants may leave if they wish.
THE MEETING WILL ADJOURN AT 9:00 P.M.
CALL TO ORDER
ROLL CALL
APPROVAL OF MINUTES – March 29, 2004
CORRESPONDENCE / STAFF REPORT
PUBLIC HEARING(S) / PROCEDURAL & POLICY STATEMENTS BY CHAIRMAN
(Legal Notices for the following public hearings were published in the Journal Enquirer on Tuesday, April 13, 2004, and Monday, April 19, 2004.)
5a. ZBA 2004-04-01 - Thomas K. & Marie Galaske, 26 Holiday Lane, Map 92 / Lot 104, R33 Zone, Parking an allowed Recreational Vehicle forward of the required setback behind the front building line- EZO Section 4.20.1[3] TABLE NOTES
5b. ZBA 2004-04-02 - Lepak, 32 West Shore Drive, Map 80 / Lot 143, R-33 Zone, variance to allow an accessory structure forward of the rear building line to allow construction of a three car garage - EZO Section 3.30.7A[i]
5c. ZBA 2004-04-03 - Jeanne Mango, Applicant/Owner, 34 Glenwood Street., Map 76 / Lot 87, R-33 Zone, requesting a 2.5' variance of the side yard setback for an attached garage - EZO Section 4.10.2 H
5c. ZBA 2004-04-04 - Enfield Zoning Board of Appeals, revisions to the by-laws of the board: (1) Chairman's statement regarding procedures, etc. - adding it to the by-laws as APPENDIX I; (2) Re-formatting the agenda and adding it to the by-laws as APPENDIX II
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 – 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: ZBA inquiry re abstention from voting, and how it affects a decision. Response received from Assistant Town Attorney
· Discussion item: Additional items per any requests of the Board with a 2/3 vote