MONDAY, SEPTEMBER 26, 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 7:06 p.m.
2. ROLL CALL – Present were Chairman Peter Yarum, John Rinaldi, Edward Furey and David Alexander.
3. APPROVAL OF MINUTES – July 25, 2005 – Mr. Furey made a motion, seconded by Mr. Alexander, to approve the Minutes of July 25, 2005. The Minutes were approved by a 4 – 0 – 0 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]
NONE - final month as Local Authority prior to new statute effective date of Oct. 2005
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, September 14, 2005, and Monday, September 19, 2005.)
ZBA 2005-09-01 - Lia Auto Group, Applicant and Owner, 20 Palomba Dr., Map 57 / Lot 335, BR Zone, requesting an impervious coverage variance of 3% (68% proposed, 65% existing, 66% allowed) for inventory unloading and parking - EZO Section 5.10 Table – This public hearing was closed.
Mr. Thorogood made a motion, seconded by Mr. Furey, to approve the request for an impervious coverage variance of 2 %, 65% existing, 68% proposed, 66% allowed, in order to go forward with an as yet un-submitted site plan modification application - EZO Section 5.10 Table
Reference is made to a site plan titled “Site Plan Modification, PH #2466 (old #, not new modification application), LIA Honda Dealership, 20 Palomba Drive, Enfield, Connecticut, Prepared for LIA Auto Group, J. R. Russo & Associates, Sheet 1 of 1 (and dated) 7-20-04, revised 9-9-04”, and stamped “Received Planning Department Enfield - Sep - 8, 2005”, showing existing and a highlighted area for proposed conditions by the applicant as submitted for this application, and to all documentation and discussion under ZBA 2005-09-01.
Condition of Approval: The site plan submitted for and approved under application ZBA 2005-09-01 shall be forwarded and incorporated into the eventual Site Plan Modification Application to be submitted to the Enfield Planning & Zoning Commission
The motion was approved by a 5 – 0 – 0 vote.
ZBA 2005-09-02 - Richard & Martha Dziadul Doak, Applicants and Owners, 82 Middle Rd., Map 65 / Lot 92, R-44 Zone, requesting a frontage variance of 55 ft. (120 ft. proposed, 120 ft. existing, 175 ft. required) to allow further subdivision of the parcel - EZO Section 4.10 Table – This application was withdrawn on September 19, 2005.
7. OTHER BUSINESS
Mr. Furey made a motion, seconded by Mr. Alexander, to approve the 2006 Meeting Dates for the Enfield Zoning Board of Appeals. The motion was approved by a 5 – 0 – 0 vote.
· Review of Yearly Report comments re the ZBA
· Picture taking for the Yearly Report
· Update: Front porches & lake overlay zones for accessory structures
8. ADJOURNMENT – Mr. Furey made a motion, seconded by Mr. Alexander, to adjourn. Following a unanimous vote, the Board adjourned at 8:10 p.m.
cc: Town Clerk, Town Attorney