MONDAY, JULY 25, 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 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, 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 – Peter Yarum, Chairman, and Board Members Ted Furey, John Rinaldi, Elizabeth Ballard, Voting Alternate (left the meeting at 7:30 p.m.), David Alexander, Voting Alternate (after 7:30 p.m.), and Paul Thorogood, Voting Alternate were present.
3. APPROVAL OF MINUTES – June 27, 2005 – Mr. Furey made a motion, seconded by Mr. Alexander, to approve the Minutes of June 27, 2005. The Minutes were approved by a unanimous vote.
4. CORRESPONDENCE / STAFF REPORT
5. NEW BUSINESS - NON-PUBLIC HEARING ITEMS
SUITABILITY OF LOCATION [new or used car sales, general repairer license, limited repairer license, gasoline service stations]
ZBA 2005-07-04 – 809 Enfield Street, LLC d.b.a. Artioli Used Cars, 809 Enfield Street, Map 29 / Lot 72, BG Zone: Request for Certificate of Suitability – Used Car Dealer License. – CGS Section 14-54 and EZO Section 11.00C. (NOTE: Amendment Sec. 70 to the state budget affecting suitability of location statutes reinstates the ZBA as the required approver of a certificate of location. Sec. 10 of the original PA 03-184 remains in effect; that section repealed CGS 14-55 that required a public hearing.)
Mr. Furey made a motion, seconded by Mr. Thorogood, to approve the request for a Certificate of Suitability – Used Car Dealer License. – CGS Section 14-54 and EZO Section 11.00C., for the operation of a Used Vehicle Dealer License under the applicant’s ownership. Said operation is to be at the described location [809 Enfield Street], as delineated on the site plan submitted with the application, and as conditioned under Enfield Planning & Zoning Commission Special Use Permit PH #2454.
Reference is made to a plan sheet titled “SITE PLAN, Proposed Change of Use Motor Vehicle Sales Facility, 809 Enfield Street, Enfield, CT, Prepared for 809 Enfield Street, LLC, 525 Enfield Street, Enfield, CT”, Sheet 1 of 3, Scale: 1”=20’, by J. R. Russo & Associates, dated 5-19-04, revised to 8-2-04, and to all documentation and discussion under ZBA2005-07-04. The motion was approved by a 5 – 0 – 0 vote with Alternates Ballard and Thorogood voting.
6. NEW BUSINESS - PUBLIC HEARING(S) / PROCEDURAL & POLICY STATEMENTS BY CHAIRMAN (Legal Notices for the following public hearings were published in the Journal Enquirer on Wednesday, July 13, 2005, and Monday, July 18, 2005.)
ZBA 2005-07-01 - Ridgewood Homes of CT, Applicant and Owner, property off Yale Court, Map 18 / Lot 281, R-33 Zone, requesting a frontage variance of 43.1 ft. (106.9 ft. proposed Lot ‘A’, 150 ft. required) and a frontage variance of 11.7 ft. (138.3 ft. proposed Lot ‘B’, 150 ft. required) for a proposed subdivision of the subject parent lot - EZO Section 4.10 Table – This public hearing was closed.
Mr. Rinaldi made a motion, seconded by Mr. Thorogood, to approve the request for a frontage variance of 43.1 ft. (106.9 ft. proposed Lot ‘A’, 150 ft. required) and a frontage variance of 11.7 ft. (138.3 ft. proposed Lot ‘B’, 150 ft. required) for a proposed subdivision of the subject parent lot - EZO Section 4.10 Table
Reference is made to a site plan titled "Subdivision Plan for Ridgewood Homes of Connecticut, LLC, Fredrick / Tallarita, Yale Court, Enfield, CT 06082, L. P. Consultants, Gary B. LeClair, Licensed Land Surveyor, LLC, sheet 1 of 1, and dated7-05-05", showing existing and proposed conditions by the applicant as submitted for this application, and to all documentation and discussion under ZBA 2005-07-01. The motion was approved by a 5 – 0 – 0 vote with Alternates Alexander and Thorogood voting.
ZBA 2005-07-02 - Benderson Property Development & Sullivan Hayes Companies NE, Applicants, and Town of Enfield, Owner, Phoenix Ave., Map 45 / Lot 12, BR Zone, requesting a landscape buffer variance of 40 ft. (10 ft. proposed, 50 ft. required); a front yard variance of 30 ft. (70 ft. proposed, 100 ft. required); and a minimum building size variance of 15,000-sq. ft. (65,000-sq. ft. proposed, 80,000-sq. ft. required) to construct a hotel, restaurant, and related amenities - EZO Sections 10.10.7.A.iii & 5.10 Table – This public hearing was closed.
Mr. Furey made a motion, seconded by Mr. Alexander, to approve the request for a landscape buffer variance of 40 ft. (10 ft. proposed, 50 ft. required); a front yard variance of 30 ft. (70 ft. proposed, 100 ft. required); and a minimum building size variance of 15,000-sq. ft. (65,000-sq. ft. proposed, 80,000-sq. ft. required) to construct a hotel, restaurant, and related amenities - EZO Sections 10.10.7.A.iii & 5.10 Table
Reference is made to a site plan titled "PROPOSED HOTEL COMPLEX, Phoenix & Hazard Avenue, Town of Enfield, Hartford County, Benderson Development Company, LLC, Property 4028JH1, (and dated) JAN. 24 2005 ", showing the site and the proposed locations of the requested variances under ZBA 2005-07-02.
The following two conditions were applied to the approval:
§ The map submitted under ZBA2005-07-02 shall be added to the formal PZC application and referenced in any approval; and
§ A copy of this variance approval shall be added to any site plan approved and referenced by the Enfield Planning & Zoning Commission and which is subsequently signed by the Secretary of the Planning & Zoning Commission
The motion was approved by a 5 – 0 – 0 vote with Alternates Alexander and Thorogood voting.
ZBA 2005-07-03 - Reginald & Sally Leonard, Applicants / Owners, 42 Fairfield Rd., Map 53 / Lot 54, R-33 Zone, requesting a coverage variance of 3 %, 22% existing, 23% proposed, 20% allowed, to construct an 8’ by 13’ addition - EZO Section 4.10.2H – This public hearing was closed.
Mr. Thorogood made a motion, seconded by Mr. Furey, to approve the request for a coverage variance of 3.6 %, 22.8% existing, 23.6% proposed, 20% allowed, to construct an 8’ by 13’ addition - EZO Section 4.10.2H
Reference is made to a hand drawn site plan from a building permit application form by Mr. and Mrs. Leonard, and stamped “Received Planning Department Enfield - July 8, 2005”, showing existing and proposed conditions by the applicant as submitted for this application, and to all documentation and discussion under ZBA 2005-07-03. The motion was approved by a 5 – 0 – 0 vote with Alternates Alexander and Thorogood voting.
7. OTHER BUSINESS
NONE
8. ADJOURNMENT – Mr. Furey made a motion, seconded by Mr. Alexander, to adjourn. Following a unanimous vote, the Board adjourned at 8:28 p.m.