MONDAY, JULY 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 – May 24, 2004 (no June minutes - no meeting)
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 Monday, July 12, 2004, and Monday, July 19, 2004.)
5a. ZBA 2004-06-01 (tabled on 6/28/04) - Richard W. Michalik, Applicant/Owner, 19 Oxford Dr., Map 58 / Lot 275, R33 Zone, requesting a 10' variance of the rear yard setback to allow a garage expansion - EZO Section 4.10.2H
5b. ZBA 2004-06-02 (tabled on 6/28/04) - Victoria Kaplan, Applicant/Owner, vacant lot on Bernadino Ave., Map 35 / Lot 232, R-33 Zone, requesting a density and an abutting lot dwelling unit count variance to allow a new 2-family residence - EZO Section 4.30.8B&C
5c. ZBA 2004-06-03 (tabled on 6/28/04) - Tri-State Diesel, Applicant and Tri-State Rentals, Owner, 1 Depot Hill Rd., Map 13 / Lot 38, I-2 Zone, requesting a 5' variance of the side yard setback to construct a 120' x 120' cold storage building - EZO Section 6.10.2A, B, & D
5d. ZBA 2004-07-01 - Richard P. Ouellette, Applicant and Owner, 20 Copper Dr., Map 53 / Lot 438, R-33 Zone, requesting a 5' variance of the side yard setback to construct a mudroom and 20' x 28' garage - EZO Section 4.10.2H
OLD BUSINESS - NON-PUBLIC HEARING ITEMS [new or used car sales, general repairer license, limited repairer license, gasoline service stations]
· NONE
OTHER BUSINESS
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