MONDAY, NOVEMBER 29, 2004 - 7:00 P.M.
NOTES ON VARIANCES
PUBLIC STATEMENTS PRIOR TO COMMENCEMENT OF A REGULARLY SCHEDULED OR SPECIAL MEETING WHERE VARIANCE REQUESTS WILL BE HEARD DURING PUBLIC HEARINGS
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 hardship.
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, or a special meeting should time limits require and allow, for their application to be heard at Public Hearing.
THE MEETING WILL ADJOURN AT 9:00 P.M.
CALL TO ORDER
ROLL CALL
APPROVAL OF MINUTES – September 27, 2004 (no quorum; no October minutes)
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, November 15, 2004, and Monday, November 22, 2004.)
ZBA 2004-10-01 - Daniel J. Long, Applicant and Owner, 3 Montclair Dr., Map 57 / Lot 137, R-33 Zone, requesting an accessory structure side yard variance of 3 ft. (5 ft. existing, 2 ft. proposed, 5 ft. required) to construct a detached garage - EZO Section 3.30.7A[i]
ZBA 2004-10-02 - Walter & Dawn Meskell, Applicants and Owners, 7 Sharp St., Map 67 / Lot 409, R33 Zone, requesting a coverage variance of 5% (25% proposed, 20 % existing, 20% allowed, to allow an addition to the main structure - EZO Section 4.10.2H
NEW BUSINESS - NON-PUBLIC HEARING ITEMS
SUITABILITY OF LOCATION [new or used car sales, general repairer license, limited repairer license, gasoline service stations]
ZBA 2004-10-03 – Enfield Auto Repair, LLC, 51 Enfield Street, Map 35 / Lot 206, BL 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.)
ZBA 2004-11-01 – Lee Myles Enfield Automatic, 917 Enfield Street, Map 26 / Lot 78, BL 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
· Review of new application form
ADJOURNMENT
cc: Town Clerk, Town Attorney