ENFIELD ZONING BOARD OF APPEALS
REGULAR MEETING AGENDA
MONDAY, OCTOBER 27, 2008 - 7:00 P.M.
ENFIELD TOWN HALL - COUNCIL CHAMBERS
820 ENFIELD STREET - ENFIELD, CT
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 allowed.
· The hearing will then be closed (unless 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, the applicant may leave or remain to participate in other applications before the Board.
THE MEETING WILL ADJOURN AT 9:00 P.M.
CALL TO ORDER
APPROVAL OF MINUTES – September 29, 2008
CORRESPONDENCE / STAFF REPORT
PUBLIC HEARING(S) / PROCEDURAL & POLICY STATEMENTS BY CHAIRMAN
PUBLIC HEARINGS – Tabled & Continued or Closed & Continued [Appeals and/or Variances] ONE
ZBA 2008-09-01 – Reinhard VonHollander, Applicant and Kendall Homes, LLC, Owner, 33 Second Avenue, Map 36 / Lot 39, R33 Zone, requesting a front yard setback variance of 2.9 ft., 32.1 ft. requested, 35 ft. required, and a rear yard setback variance of 10.6 ft., 24.4 ft. requested, 35 ft. required to be able to gain final approval and Certificate of Occupancy for a newly constructed residential structure - EZO Section 4.10.2H