(Continued from 1/26/04; lack of quorum)
MONDAY, FEBRUARY 23, 2004 - 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 – Vice Chairman John Rinaldi called the meeting to order at 7:10 p.m.
2. Roll Call – John Rinaldi, Vice Chairman, and Board members Kevin Kibbe, Paul Thorogood, and Elizabeth Ballard, Alternate, were present.
3. Presentation by Robert Tanguay - status of R.E.A.CT Project (recreational river access, Enfield Falls)
4. PUBLIC HEARING
ZBA 2004-01-01 – Mark Bujak d.b.a. Mark's Motorsports, 66 Enfield Street, Map 35 / Lot 45), BG Zone: A side yard variance of 16.5 ft., (-6.5) ft. proposed, 3.5 ft. existing, 10 ft. required, handicapped ramp system as required by state building code – Section 5.10 Table – This public hearing was closed.
1. Call to Order – Vice Chairman John Rinaldi called the Regular Meeting to order at 7:10 p.m.
2. Roll Call - John Rinaldi, Vice Chairman, and Board members Kevin Kibbe, Paul Thorogood, and Elizabeth Ballard, Alternate, were present. Mr. Kibbe was appointed Secretary due to the absence of Mr. LeDoux.
3. Approval of Minutes –December 29, 2003 (no minutes from 1/26/04 - no quorum) - Mr. Rinaldi made a motion, seconded by Ms. Ballard, to approve the Minutes of December 29, 2003. The Minutes were approved by a 3 – 0 – 1 vote with Mr. Thorogood abstaining.
4. Correspondence / Staff Report
5. Old Business
ZBA 2004-01-01 – Mark Bujak d.b.a. Mark's Motorsports, 66 Enfield Street, Map 35 / Lot 45), BG Zone: A side yard variance of 16.5 ft., (-6.5) ft. proposed, 3.5 ft. existing, 10 ft. required, handicapped ramp system as required by state building code – Section 5.10 Table -
Mrs. Ballard made a motion, seconded by Mr. Thorogood, to approve the request for a variance of 16.5 ft. of the side yard setback to (-6.5) ft., (-3) ft. existing, 10 ft. required, to allow a new handicap ramp system and new awnings over the ramp and the rear side stairs to remain - Enfield Zoning Ordinance Sect. 5.10Table.
Reference is made to a location survey plan titled " Plan I, Survey with ramp and rear awning overlays", dated "Received, Enfield Planning Office Jan-6, 2004", a second plan showing the floor plan, rear awning, and new ramp and awning titled "Plan II, Floor Plan, Ramp, Awnings", dated "Received, Enfield Planning Office Jan-6, 2004", and to all documentation and discussion under ZBA 2004-01-01.
The motion was approved by a 4 – 0 – 0 vote. The following reasons for approval were given:
1. The addition of the handicap ramp addresses safety issues, and;
2. The handicap ramp is a requirement under the state building codes, and;
3. The structure was previously approved and expanded in a non-conforming manner close to and, in places, over the side property line, and;
4. The approved plan sheets will address all corrective measures for these safety and incursions in a precise and minimal manner.
6. New Business
ZBA 2004-02-01 – L & D Motors d.b.a. Lia Honda, 20 Palomba Drive, Map 57 / Lot 335, BR Zone: Request for Certificate of Suitability – new and used car dealership and general repairer 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.) – This hearing was closed.
Mr. Kibbe made a motion, seconded by Mr. Thorogood, to approve the request for a Certificate of Suitability under Connecticut General Statutes Section 14-54 & EZO Section 11.00C, for the operation of a new and used car dealership and general repairer license, under the applicant’s ownership. Said operation is to be at the described location [20 Palomba Drive] and as delineated on the two site plan sheets submitted with application ZBA # 2004-02-01. Reference is made to two plan sheets titled “As-Built Plan, PH2331, LIA Auto Group, 20 Palomba Drive, J. R. Russo & Associates, Sheet 1 of 1, [dated] 1/14/2004” & “The LIA Group, Floor Plan Overall, Sheet A-1.2 - JOB #02-27, revised to 7/17/03", and to all documentation and discussion under ZBA2004-02-01.
The motion was approved by a 4 – 0 – 0 vote.
ZBA 2004-02-02 – Enfield Nissan-Pontiac, Inc. d.b.a. Lia Nissan-Pontiac, 10 Palomba Drive, Map 57 / Lot 334, BR Zone: Request for Certificate of Suitability – new and used car dealership and general repairer 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.) – This hearing was closed.
Mr. Kibbe made a motion, seconded by Mr. Thorogood, to approve the request for a Certificate of Suitability under Connecticut General Statutes Section 14-54 & EZO Section 11.00C, for the operation of a new and used car dealership and general repairer license, under the applicant’s ownership. Said operation is to be at the described location [10 Palomba Drive] and as delineated on the two site plan sheets submitted with application ZBA # 2004-02-02. Reference is made to two plan sheets titled “Site Plan, William Lia - Enfield Nissan, 10 Palomba Drive, J. R. Russo & Associates, Sheet 4 of 5, [dated] 5/30/03, revised to 9/10/03” & “The LIA Group, Nissan, Proposed Floor Plan, Sheet A-1, [dated] 10/07/03, revised to 02/06/04, revised to 7/17/03", and to all documentation and discussion under ZBA2004-02-02.
ZBA 2004-02-03 – Enfield Ford d.b.a. Quick Lane, 33 Palomba Drive, Map 57 / Lot 343, BR Zone: Request for Certificate of Suitability – limited repairer 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.) – The applicant requested postponement of this hearing until next month.
7. Discussion on front porches
1. Review of By-laws - Items under discussion, as well as any new ones, will be continued at the scheduled March Meeting
2. Nomination of Officers – This item will be considered at the scheduled March Meeting.
3. Election of Officers – This item will be considered at the scheduled March Meeting.
Mr. Thorogood made a motion, seconded by Mr. Kibbe, to adjourn. Following a unanimous vote, the Board adjourned at 8:45.