TUESDAY, JUNE 5, 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 7:07 p.m.
2. ROLL CALL – Present were Chairman Peter Yarum, Vice-Chairman John Rinaldi, Edward Furey, and Richard Scott Hozempa. Mr. Furey was appointed acting Secretary and Mr. Hozempa was seated as an acting Regular Member.
3. APPROVAL OF MINUTES – April 25, 2007 – Mr. Hozempa made a motion, seconded by Mr. Furey, to approve the Minutes of April 25, 2007. The Minutes were approved by a 4 – 0 – 0 vote.
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 FRIDAY, MAY 25, 2007, AND WEDNESDAY, MAY 30, 2007.)
ZBA 2007-06-01 – Jeffrey Kontner, Applicant & Owner, 15 Howard St., Map 54 / Lot 230, R33 Zone, requesting a coverage variance to construct two handicap ramps - EZO Section 4.10.2H – This public hearing was closed.
Mr. Rinaldi made a motion, seconded by Mr. Furey, to approve the request for a coverage variance of 3.7%, 20% allowed, 20.62% existing, 23.7% proposed to allow the construction of two handicap ramps and landings as shown on the referenced new site plan addition titled “The Home Store, Customer, Kontner, 15 Howard St., Enfield, CT 06082, Sheet 3A” - EZO Section 4.10.2H
Reference is also made to a zoning location survey titled "ZONING LOCATION SURVEY OF 15 HOWARD STREET, ENFIELD, CT, SHEET 1 OF 1, (and dated) 03-20-06" (as approved for a previous variance under ZBA 2006-04-01), showing the then existing conditions and proposed improvements, and to all documentation and discussion under ZBA 2007-06-01.
The motion was approved by a 4 – 0 – 0 vote.
6. OTHER BUSINESS
NONE