ENFIELD ZONING BOARD OF APPEALS
REGULAR MEETING
MONDAY, APRIL 25, 2005 - 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.
AGENDA
THE MEETING WILL ADJOURN AT 9:00 P.M.
1. CALL TO ORDER
2. ROLL CALL
3. APPROVAL OF MINUTES – March 28, 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
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, April 11, 2005, and Monday, April 18, 2005.)
VARIANCES -NEW
READING OF THE LEGAL NOTICE
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 WITHDRAWN
READING OF THE LEGAL NOTICE
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
a) Application form - review
b) Robert's Rules of Order, Newly Revised - discussion
c) Attendance - discussion
d) 'Local Authority' - discussion
9. ADJOURNMENT
cc: Town Clerk, Town Attorney
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