MONDAY, MARCH 28, 2005 - 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 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, 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.
1. CALL TO ORDER
2. ROLL CALL
3. APPROVAL OF MINUTES – January 31, 2005
4. CORRESPONDENCE / STAFF REPORT
5. NEW BUSINESS - NON-PUBLIC HEARING ITEMS
SUITABILITY OF LOCATION [new or used car sales, general repairer license, limited repairer license, gasoline service stations]
ZBA 2005-03-01 – LIA Auto Group d.b.a. Elm Street Automotive, Inc. d.b.a. Lia Used Cars, 481 Enfield Street, Map 33 / Lot 256, BG Zone: Request for Certificate of Suitability – Used Car Dealer 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 Sec. 10 of the original PA 03-184 remains in effect; that section repealed CGS 14-55 that required a public hearing.)
6. NEW BUSINESS - PUBLIC HEARING(S) / PROCEDURAL & POLICY STATEMENTS BY CHAIRMAN (Legal Notices for the following public hearings were published in the Journal Enquirer on Monday, March 14, 2005, and Monday, March 21, 2005.)
ZBA 2005-03-02 - Robert Chester, Applicant and Owner, 46 School St., Map 92 / Lot 15, R-33 Zone, requesting a side yard variance of 15' (25 ft. existing, 10 ft. proposed, 25 ft. required) to construct an addition - EZO Section 4.10 Table
ZBA 2005-03-03 - Leonard Shortz, Applicant and Owner, 10 Gammello Ave., Map 34 / Lot 104, R-33 Zone, requesting a side yard variance of 9' (12 ft. existing, 1 ft. proposed, 10 ft. required), and a coverage variance of 12.5% (25.4% existing, 32.5% proposed, 20% allowed) to construct a car port - EZO Section 4.10.2H
6. OTHER BUSINESS
NONE
9. ADJOURNMENT
cc: Town Clerk, Town Attorney