ENFIELD ZONING BOARD OF APPEALS
EXECUTIVE SESSION & REGULAR MEETING AGENDA
MONDAY, SEPTEMBER 27, 2004 - 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 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.
AGENDA
THE MEETING WILL ADJOURN AT 9:00 P.M.
EXECUTIVE SESSION (the regularly scheduled meeting will commence in the Council Chambers following a brief executive session of the Board in the Thompsonville Room, 2nd floor.)
· Update on ZBA2004-06-02 Appeal, Kaplan VS Enfield Zoning Board of Appeals
CALL TO ORDER
ROLL CALL
APPROVAL OF MINUTES – July 26, 2004
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, September 13, 2004, and Monday, September 20, 2004.)
PUBLIC HEARINGS - CONTINUED / TABLED [Appeals and/or Variances]
NONE
VARIANCES -NEW
READING OF THE LEGAL NOTICE
ZBA 2004-09-01 - Bruce D. Lundie, Applicant and Owner, 16 Cedar St., Map 83 / Lot 73, R-33 Zone, requesting a lot coverage variance of 5.2% (17.7% existing, 25.2% proposed, 20% max. allowed) to construct an in-ground pool - EZO Section 4.10.2H
READING OF THE LEGAL NOTICE
ZBA 2004-09-02 - Lori Longhi, Applicant / John J. Sheehan, Owner, vacant lot on Post Rd. AKA 23B Post Rd., Map 54 / Lot 53, R33 Zone, requesting a frontage variance of 46' 7" to allow a building lot - EZO Section 4.10 TABLE
READING OF THE LEGAL NOTICE
ZBA 2004-09-03 - Sophie H. Krzys, Applicant/Owner, 6 Dannunzio Ave., Map 26 / Lot 60, R33 Zone, requesting a rear yard setback variance of 8 ft., 27 ft. proposed, 35 ft. required, to construct a deck - EZO Section 4.2.10H
READING OF THE LEGAL NOTICE
ZBA 2004-09-04 - Ly Khen, Applicant/Owner, 18 Bernadino Ave., Map 34 / Lot 88, R33 Zone, requesting a side yard setback variance of 5 ft., 5 ft. proposed, 10 ft. required, to construct a breezeway and garage addition, and a front yard setback variance of 5 ft., 30 ft. proposed, 35 ft. required, to construct a front porch - EZO Section 4.10.2H
OLD BUSINESS - NON-PUBLIC HEARING ITEMS [new or used car sales, general repairer license, limited repairer license, gasoline service stations]
· NONE
OTHER BUSINESS
· Approval of 2005 meeting dates
ADJOURNMENT
cc: Town Clerk, Town Attorney
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