ENFIELD ZONING BOARD OF APPEALS

SPECIAL MEETING AGENDA

MONDAY, APRIL 13, 2009 - 7:00 P.M.

ENFIELD TOWN HALL – COUNCIL CHAMBERS

820 ENFIELD STREET - ENFIELD, CT

AGENDA

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

1.       CALL TO ORDER

2.       ROLL CALL

3.       APPROVAL OF MINUTES – September 29, 2008

4.       CORRESPONDENCE / STAFF REPORT

5.       PUBLIC HEARING(S) / PROCEDURAL & POLICY STATEMENTS BY CHAIRMAN

PUBLIC HEARINGS - CONTINUED [Appeals and/or Variances] - NONE

APPEALS – NEW - NONE

VARIANCES –NEW - TWO

READING OF THE LEGAL NOTICE

ZBA 2009-03-01 – Susan Cleary, Applicant and Owner, 22 Arrow St., Map 66 / Lot 226, R33 Zone, requesting a front yard setback variance of 8 ft., 27 ft. requested, 35 ft. required to construct an addition & garage - EZO Section 4.10.2H

READING OF THE LEGAL NOTICE

ZBA 2009-04-01 – Thompsonville Fire Dept., Applicant and A. Troiano & Sons, Owner, 26 Pearl Street & 21 Prospect St., Map 24 / Lots 84 & 97, TVC Zone, requesting a maximum front setback variance from 25 ft. to 66 ft., a maximum building height variance from 40 ft. to 65 ft., and a variance to allow a 1-story building where 2 stories are required, all to allow construction of a new fire house - EZO Section 5.10

6.       OTHER BUSINESS

*        Discussion: 33 Second Avenue, status and process review

7.       ADJOURNMENT

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.