ENFIELD ZONING BOARD OF APPEALS

REGULAR MEETING

MONDAY, SEPTEMBER 26, 2005 - 7:00 P.M.

ENFIELD TOWN HALL - COUNCIL CHAMBERS

820 ENFIELD STREET - ENFIELD, CT

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.

AGENDA

THE MEETING WILL ADJOURN AT 9:00 P.M.

1. CALL TO ORDER

2. ROLL CALL

3. APPROVAL OF MINUTES – July 25, 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]

NONE - final month as Local Authority prior to new statute effective date of Oct. 2005

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 Wednesday, September 14, 2005, and Monday, September 19, 2005.)

VARIANCES -NEW

READING OF THE LEGAL NOTICE

ZBA 2005-09-01 - Lia Auto Group, Applicant and Owner, 20 Palomba Dr., Map 57 / Lot 335, BR Zone, requesting an impervious coverage variance of 3% (68% proposed, 65% existing, 66% allowed) for inventory unloading and parking - EZO Section 5.10 Table

READING OF THE LEGAL NOTICE

ZBA 2005-09-02 - Richard & Martha Dziadul Doak, Applicants and Owners, 82 Middle Rd., Map 65 / Lot 92, R-44 Zone, requesting a frontage variance of 55 ft. (120 ft. proposed, 120 ft. existing, 175 ft. required) to allow further subdivision of the parcel - EZO Section 4.10 Table

7. OTHER BUSINESS

· Review of Yearly Report comments re the ZBA

· Picture taking for the Yearly Report

· Update: Front porches & lake overlay zones for accessory structures

8. ADJOURNMENT

cc: Town Clerk, Town Attorney