ENFIELD ZONING BOARD OF APPEALS
REGULAR MEETING AGENDA
MONDAY, SEPTEMBER 25, 2006 - 7:00 P.M.
TOWN COUNCIL CHAMBERS - TOWN HALL
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 – July 31, 2006
4. CORRESPONDENCE / STAFF REPORT
5. PUBLIC HEARING(S) / PROCEDURAL & POLICY STATEMENTS BY CHAIRMAN
(Legal Notices for the following public hearings were published in the Journal Enquirer on Tuesday, September 12, 2006, and Monday, September 18, 2006.)
PUBLIC HEARINGS - CONTINUED [Appeals and/or Variances]
NONE
APPEALS - NEW
NONE
VARIANCES -NEW
READING OF THE LEGAL NOTICE
ZBA 2006-09-01 – Samuel & Doris Jacobs, Applicant/Owner, 26 West Shore Drive, Map 80, Lot 145, R-33 Zone, requesting 1) 12” height variance for a proposed garage, 12 foot maximum allowed; 2) a variance to allow construction of the garage in the front yard instead of the required rear yard. - EZO Section 3.30.7 A i.
ZBA 2006-09-02 – John R. Durfree, Applicant/Owner, 260 Abbe Road, Map 86, Lot 101, R-88 Zone, variance to allow a gazebo in the front yard, 5’ from the front building line on a corner lot instead of locating it in the required rear yard. - EZO Section 3.30.7 A ii.
ZBA 2006-09-03 – Blake Investments, LLC, Owner/Applicant, 2 Shaker Road, Map 64, Lot 70, BL Zone, variance to allow a second tenant sign below the main freestanding sign - EZO Section 10.30.5.
6. OTHER BUSINESS
NONE SCHEDULED
7. ADJOURNMENT |