MONDAY, MAY 24, 2004 - 7:00 P.M. - ENFIELD TOWN HALL
[Memorial Day & Scheduling Conflicts; meet in Enfield Room, lower level – 7:30 PM]
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 – April 26, 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, May 11, 2004, and Monday, May 17, 2004.)
5a. ZBA 2004-04-01 - Thomas K. & Marie Galaske, 26 Holiday Lane, Map 92 / Lot 104, R33 Zone, Variance for 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 2004-05-01 - John D. Pennell, Applicant/Owner, 170 Jackson Rd., Map 111 / Lot 149, R-33 Zone, requesting a 2' variance of the front yard setback to allow a garage addition - EZO Section 4.10.2H
5c. ZBA 2004-05-02 - Shelley L. Lampron, Applicant, 2 Hathaway Ave., Map 20 / Lot 214, R-33 Zone, requesting an 18' variance of the front yard setback for a kitchen / family room addition - EZO Section 4.10.2 H
OLD BUSINESS - NON-PUBLIC HEARING ITEMS [new or used car sales, general repairer license, limited repairer license, gasoline service stations]
NONE
OTHER BUSINESS
· NONE
NOTE: It is strongly suggested that the applicant or a pre-arranged representative attend the meeting or meetings where their application will be heard.
cc: Town Clerk, Town Attorney