MONDAY, JULY 26, 2004 - 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 are then allowed.
· The hearing will then be closed (unless the 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, applicants may leave if they wish.
THE MEETING WILL ADJOURN AT 9:00 P.M.
CALL TO ORDER – Chairman Peter Yarum called the meeting to order at 7:00 p.m.
ROLL CALL – Chairman Peter Yarum and Board Members John Rinaldi, Kevin Kibbe, Edward Furey, Elizabeth Ballard, Alternate, David Alexander, Alternate, and Paul Thorogood, Alternate (arrived at 7:05 p.m.), were present.
APPROVAL OF MINUTES – May 24, 2004 (no June minutes - no meeting) – Mr. Rinaldi made a motion, seconded by Mr. Furey, to approve the Minutes of May 24, 2004. The Minutes were approved by a 5 – 0 – 1 vote. Mr. Alexander abstained.
CORRESPONDENCE / STAFF REPORT
PUBLIC HEARING(S) / PROCEDURAL & POLICY STATEMENTS BY CHAIRMAN
(Legal Notices for the following public hearings were published in the Journal Enquirer on Monday, July 12, 2004, and Monday, July 19, 2004.)
5a. ZBA 2004-06-01 (tabled on 6/28/04) - Richard W. Michalik, Applicant/Owner, 19 Oxford Dr., Map 58 / Lot 275, R33 Zone, requesting a 10' variance of the rear yard setback to allow a garage expansion - 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 10’ variance of the rear yard setback, 25’ proposed, 35’ existing, 35’ required, to allow a garage expansion. EZO Section 4.10.2H.
Reference is made to an untitled site plan identified as “ZBA 2004-06-01, received June 2, 2004, Planning Office, Enfield, CT (and marked) UM 4/22/04,” showing existing and proposed conditions by the applicant as submitted for this application, and to all documentation and discussion under ZBA 2004-06-01.
The motion was denied by a 1 – 4 – 0 vote. Mr. Furey voted in favor; Chairman Yarum, Mr. Rinaldi, Mr. Kibbe and Mr. Alexander, Alternate, voted against.
5b. ZBA 2004-06-02 (tabled on 6/28/04) - Victoria Kaplan, Applicant/Owner, vacant lot on Bernadino Ave., Map 35 / Lot 232, R-33 Zone, requesting a density and an abutting lot dwelling unit count variance to allow a new 2-family residence - EZO Section 4.30.8B&C – This public hearing was closed.
The Board recessed at 7:45 p.m. and reconvened at 7:52 p.m. during the public hearing.
Mr. Furey made a motion, seconded by Mr. Kibbe, to approve a variance of Section 4.30.8, sub section ‘B’ (density of all the lots) of 2.42 (4.08 proposed), or 2.45 times the existing density of 1.66 (number of actual units on all the lots divided by the actual total acreage of all the lots), and a variance of Section 4.30.8, sub section ‘C’ that requires that ½ the abutting lots (in this case at least one lot) contain at least one two-family house (existing: 0 and 1 units), to allow a new two-family residence – EZO Section 4.30.8 B and C.
Reference is made to an untitled site plan identified as a portion of the Enfield Assessor’s maps, marked “received June 7, 2004, Planning Office, Enfield CT” and showing the ‘site,’ ‘business zoned properties,’ and the residential lots (all within 500’ of the site), and to the calculation sheet accompanying said map for property areas, density, and number of units per property, and to all other documentation and discussion under ZBA 2004-06-02.
The motion was denied by a 2 – 3 – 0 vote. Mr. Furey and Mr. Kibbe voted in favor; Chairman Yarum, John Rinaldi and David Alexander voted nay.
5c. ZBA 2004-06-03 (tabled on 6/28/04) - Tri-State Diesel, Applicant and Tri-State Rentals, Owner, 1 Depot Hill Rd., Map 13 / Lot 38, I-2 Zone, requesting a 5' variance of the side yard setback to construct a 120' x 120' cold storage building - EZO Section 6.10.2A, B, & D – This public hearing was closed.
Mr. Furey made a motion, seconded by Mr. Alexander, to approve:
1. A variance of Section 6.10.2, sub-section 'A' (district setback from Residential zone) of 125 feet, 25 feet proposed, 150 existing, 150 feet required;
2. A variance of Section 6.10.2, sub-section 'B' (district buffer from Residential zone) of 75 feet, 25 feet proposed, 150 existing, 100 feet required; and
3. A variance of Section 6.10.2, sub-section 'C' (parking vehicles -26,000-lbs. less than 150 feet from a Residential zone),
to allow construction of a 120-ft. by 120-ft. 'cold storage' shed - EZO Section 6.10.2A, B, & C.
Reference is made to a site plan titled "Prepared for Tri-State Rentals, Depot Hill Road, BSC Group, (dated) 5/18/04", and to all other documentation and discussion under ZBA 2004-06-03.
The motion was approved by a 5 – 0 – 0 vote with Alternates Alexander and Thorogood voting. (Mr. Rinaldi did not participate in this application.)
5d. ZBA 2004-07-01 - Richard P. Ouellette, Applicant and Owner, 20 Copper Dr., Map 53 / Lot 438, R-33 Zone, requesting a 5' variance of the side yard setback to construct a mudroom and 20' x 28' garage - EZO Section 4.10.2H – This public hearing was closed.
Mr. Rinaldi made a motion, seconded by Mr. Alexander, to approve the request for a 5' variance of the side yard setback, 5' proposed, 29.5' existing, 10' required, to allow an entry/mud room and garage addition - EZO Section 4.10.2H.
Reference is made to a site plan titled "Mortgage Survey, Property of Richard & Wanda Ouellette, Jr., 20 Copper Dr., (certified by James P. Murphy), and dated May 1983", showing existing and proposed conditions by the applicant as submitted for this application, and to all documentation and discussion under ZBA 2004-07-01.
The motion was approved by a 5 – 0 – 0 vote with Alternate David Alexander voting.
OLD BUSINESS - NON-PUBLIC HEARING ITEMS [new or used car sales, general repairer license, limited repairer license, gasoline service stations]
· NONE
OTHER BUSINESS
NOTE: It is strongly suggested that the applicant or a pre-arranged representative attend the meeting or meetings where their application will be heard.
cc: Town Clerk, Town Attorney