MONDAY, JULY 30, 2007 - 7:00 P.M.
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.
THE MEETING WILL ADJOURN AT 9:00 P.M.
1. CALL TO ORDER: Chairman Peter Yarum called the meeting to order at 7:03 p.m.
2. ROLL CALL: Present were Chairman Peter Yarum, Vice-Chairman John Rinaldi, Edward Furey, Kevin R. Kibbe, and Richard Scott Hozempa. Mr. Hozempa was seated as an acting Regular Member.
3. APPROVAL OF MINUTES – June 5, 2007 Special Meeting: Mr. Hozempa made a motion to approve the minutes of the special meeting of June 5, 2007 as presented. Seconded by Mr. Furey. Vote was 4-0-1(Kibbe).
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 Monday, April 16, 2007, and Monday, April 23, 2007.)
ZBA 2007-07-01 – Brinker International, Applicant & Centro Enfield LLC Owner, 90 Elm St., Map 57 / Lot 323, BR Zone, requesting a landscape setback variance of 40 ft., 50 ft. required, 10 ft. proposed, and Front Yard Setback variance of 5.8 ft., 100 ft. required, 94.2 ft. proposed, to construct a restaurant and parking - EZO Sections 10.10.7iii & 5.10 Table.
An e-mail was received by Mr. Alsbaugh requesting that this application be removed from the agenda.
ZBA 2007-07-02 – Mark Engelman, Applicant & Charlotte Schneider, Owner, 269 Moody Rd., Map 112 / Lot 6, R44 Zone, requesting frontage variance of 27.99 ft., 175 ft. required, 147.01 proposed, to proceed with subdivision - EZO Section 4.10 Table
The public hearing was closed at 7:16 p.m. A motion was made by Mr. Rinaldi and seconded by Mr. Kibbe to approve the request for a frontage variance of 27.99 ft., 175 ft. required, 147.01 proposed, to proceed with subdivision - EZO Section 4.10 Table
Reference is made to a map titled “BOUNDARY & TOPOGRAPHIC MAP, #269 MOODY ROAD, PREPARED FOR MARK ENGELMAN, ENFIELD, CT 06082, AESCHLIMAN LAND SURVEYING, PC, MAP NO. 207029-1”, dated 4-09-07 and revised to 6-21-07, and to all documentation and discussion under ZBA 2007-07-02.
The motion was approved by a 5 – 0 – 0 vote.
ZBA 2007-07-03 – Donald Murphy, Applicant & Owner, 12 Carmela Terr., Map 63 / Lot 171, R33 Zone, requesting a side yard setback variance of 1 ft., 25 ft. required, 24 ft. proposed, to construct a garage - EZO Section 4.10 Table
The public hearing was closed at 7:42 p.m. A motion was made by Mr. Kibbe and seconded by Mr. Furey to approve the request for a side yard setback variance of 1 ft., 25 ft. required, 24 ft. proposed, to construct an addition to the garage - EZO Section 4.10 Table
Reference is made to a map titled “Lot 171, 12 Carmela Terrace”, and date stamped “RECEIVED, JULY 9, 2007, PLANNING OFFICE, ENFIELD, CT”, and to all documentation and discussion under ZBA 2007-07-03.
6. OTHER BUSINESS
NONE