MONDAY, JANUARY 31, 2005 - 7:00 P.M.
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.
THE MEETING WILL ADJOURN AT 9:00 P.M.
1. CALL TO ORDER – Chairman Peter Yarum called the meeting to order at 7:00 p.m.
2. ROLL CALL – Present were Chairman Peter Yarum and Board Members Edward Furey, Kevin Kibbe, John Rinaldi, and David Alexander, Alternate.
3. APPROVAL OF MINUTES – December 27, 2004 – Mr. Rinaldi made a motion, seconded by Mr. Furey, to approve the Minutes of December 27, 2004. The Minutes were approved by a 4 – 0 – 1 vote. Mr. Kibbe abstained.
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 Wednesday, January 19, 2005, and Monday, January 24, 2005.)
ZBA 2005-01-01 - Felician Sisters of the Order of St. Francis of CT, Inc, Applicant and Owner, 1370 Enfield St., Map 18 / Lot 241, HR-33 Zone, Appeal of an Order by the Enfield Zoning Enforcement Officer - EZO Sections 4.20 & 9.10.1A[i] – Following two motions to keep the hearing open with no second, Mr. Furey made a motion, seconded by Mr. Rinaldi, to close this public hearing. The motion was denied by a 3 – 2 – 0 vote. Mr. Furey, Mr. Rinaldi and Mr. Kibbe voted in favor; Chairman Yarum and Mr. Alexander voted nay.
Zoning Enforcement Officer Wayne Bickley left the meeting at 9:55 p.m.
Mr. Rinaldi made a motion, seconded by Mr. Furey, to approve the appeal, under Section 11.00A of the Zoning Ordinances of the Town of Enfield, of the Cease and Desist Order of the Enfield Zoning Enforcement Officer dated 15 December 2004, as discussed under ZBA 2005-01-01. The motion was approved by a 5 – 0 – 0 vote and the vote reverses the Cease and Desist Order of the Enfield Zoning Enforcement Officer.
6. NEW BUSINESS - NON-PUBLIC HEARING ITEMS
NONE
7. OTHER BUSINESS
8. ADJOURNMENT – Mr. Rinaldi made a motion, seconded by Mr. Alexander, to adjourn. Following a unanimous vote, the Board adjourned at 10:05 p.m.
cc: Town Clerk, Town Attorney