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ENFIELD ZONING BOARD OF APPEALS
PUBLIC HEARINGS - REGULAR & ORGANIZATIONAL MEETINGS
(Continued from 1/26/04; lack of quorum)
MONDAY, FEBRUARY 23, 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.
1. Call to Order
2. Roll Call
3. Presentation by Robert Tanguay - status of R.E.A.CT Project (recreational river access, Enfield Falls)
4. PUBLIC HEARING
READING OF THE LEGAL NOTICE
ZBA 2004-01-01 - Mark Bujak d.b.a. Mark's Motorsports, 66 Enfield Street, Map 35 / Lot 45), BG Zone: A side yard variance of 16.5 ft., (-6.5) ft. proposed, 3.5 ft. existing, 10 ft. required, handicapped ramp system as required by state building code - Section 5.10 Table
REGULAR MEETING
1. Call to Order
2. Roll Call
3. Approval of Minutes -December 29, 2003 (no minutes from 1/26/04 - no quorum)
5. Correspondence / Staff Report
6. Old Business
ZBA 2004-01-01 - Mark Bujak d.b.a. Mark's Motorsports, 66 Enfield Street, Map 35 / Lot 45), BG Zone: A side yard variance of 16.5 ft., (-6.5) ft. proposed, 3.5 ft. existing, 10 ft. required, handicapped ramp system as required by state building code - Section 5.10 Table
7. New Business
ZBA 2004-02-01 - L & D Motors d.b.a. Lia Honda, 20 Palomba Drive, Map 57 / Lot 335, BR Zone: Request for Certificate of Suitability - new and used car dealership and general repairer 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.)
ZBA 2004-02-02 - Enfield Nissan-Pontiac, Inc. d.b.a. Lia Nissan-Pontiac, 10 Palomba Drive, Map 57 / Lot 334, BR Zone: Request for Certificate of Suitability - new and used car dealership and general repairer 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.)
ZBA 2004-02-03 - Enfield Ford d.b.a. Quick Lane, 33 Palomba Drive, Map 57 / Lot 343, BR Zone: Request for Certificate of Suitability - limited repairer 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.)
8. Discussion on front porches
ORGANIZATIONAL MEETING
1. Review of By-laws
2. Nomination of Officers
3. Election of Officers
ADJOURNMENT |