MONDAY, SEPTEMBER 27, 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.
EXECUTIVE SESSION (the regularly scheduled meeting will commence in the Council Chambers following a brief executive session of the Board in the Thompsonville Room, 2nd floor.)
· Update on ZBA2004-06-02 Appeal, Kaplan VS Enfield Zoning Board of Appeals – Mr. LeDoux made a motion, seconded by Mr. Rinaldi, to go into Executive Session to discuss legal matters. Following a unanimous vote, the Board went into Executive Session at 7:00 p.m. (Mr. Furey was not present during this Executive Session.)
Mr. LeDoux made a motion, seconded by Mr. Rinaldi, to come out of Executive Session. Following a unanimous vote, Executive Session ended at 7:17 p.m.
Chairman Yarum stated Kaplan vs. the Town of Enfield was discussed during Executive Session and no votes were taken.
CALL TO ORDER – Chairman Peter Yarum called the Regular Meeting to order at 7:22 p.m.
ROLL CALL – Chairman Peter Yarum, John Rinaldi, John LeDoux, Edward Furey, Elizabeth Ballard, Alternate, and Paul Thorogood, Alternate, were present.
APPROVAL OF MINUTES – July 26, 2004 – Mr. LeDoux made a motion, seconded by Mr. Rinaldi, to approve the Minutes of July 26, 2004. The Minutes were approved by a 5 – 0 – 0 vote.
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, September 13, 2004, and Monday, September 20, 2004.)
ZBA 2004-09-01 - Bruce D. Lundie, Applicant and Owner, 16 Cedar St., Map 83 / Lot 73, R-33 Zone, requesting a lot coverage variance of 5.2% (17.7% existing, 25.2% proposed, 20% max. allowed) to construct an in-ground pool - EZO Section 4.10.2H – This public hearing was closed.
Mr. LeDoux made a motion, seconded by Mr. Thorogood, to approve the request for a lot coverage variance of approximately 5.2% (25.2% proposed, 17.7% existing, 20% maximum allowed) to construct an 18' x 36' in-ground pool - EZO Section 4.10.2H.
Reference is made to a hand-drawn, scaled site plan titled "16 Cedar St.", showing existing and proposed conditions by the applicant as submitted for this application, and stamped "RECEIVED - AUG 27, 2004 - PLANNING OFFICE, ENFIELD, CT", and to all other documentation and discussion under ZBA 2004-09-01.
The motion was approved by a 5 – 0 – 0 vote with Mr. Thorogood voting.
ZBA 2004-09-02 - Lori Longhi, Applicant / John J. Sheehan, Owner, vacant lot on Post Rd. AKA 23B Post Rd., Map 54 / Lot 53, R33 Zone, requesting a frontage variance of 46' 7" to allow a building lot - EZO Section 4.10 TABLE
Mr. Furey made a motion, seconded by Mr. LeDoux, to table ZBA 2004-09-01 to the next meeting until the outstanding issues are resolved and the Board receives an opinion from the Town Attorney. The motion was approved by a 3 – 2 - 0 vote. Chairman Yarum, Mr. Furey and Mr. LeDoux voted in favor; Mr. Rinaldi and Mr. Thorogood voted nay.
Mr. LeDoux made a motion, seconded by Mr. Thorogood, to extend the meeting beyond 9:00 p.m. The motion was approved by a 5 – 0 – 0 vote with Mr. Thorogood voting.
ZBA 2004-09-03 - Sophie H. Krzys, Applicant/Owner, 6 Dannunzio Ave., Map 26 / Lot 60, R33 Zone, requesting a rear yard setback variance of 8 ft., 27 ft. proposed, 35 ft. required, to construct a deck - EZO Section 4.2.10H – This public hearing was closed.
Mr. Rinaldi made a motion, seconded by Mr. LeDoux, to approve the request for a rear yard setback variance of 8 ft., 27 ft. proposed, 37' existing, 35 ft. required, to construct a deck - EZO Section 4.2.10H.
Reference is made to three site and zoning maps submitted by the applicant, and to all other documentation and discussion under ZBA 2004-09-03.
ZBA 2004-09-04 - Ly Khen, Applicant/Owner, 18 Bernadino Ave., Map 34 / Lot 88, R33 Zone, requesting a side yard setback variance of 5 ft., 5 ft. proposed, 10 ft. required, to construct a breezeway and garage addition, and a front yard setback variance of 5 ft., 30 ft. proposed, 35 ft. required, to construct a front porch - EZO Section 4.10.2H – This public hearing was closed.
Mr. Furey made a motion, seconded by Mr. Rinaldi, to approve the request for a side yard setback variance of 5 ft., 5 ft. proposed, 10 ft. required to construct a breezeway and garage addition, and a front yard setback variance of 10 ft., 25 ft. proposed, 30 ft. existing, 35 ft. required to construct a porch and steps - EZO Section 4.2.10H.
Reference is made to a site plan drawn and submitted by the applicant, and to all other documentation and discussion under ZBA 2004-09-04.
During the discussion on the application it was discovered the requested variance amount could be lowered. The motion was revised to approve the request for a side yard setback variance of 4 ft., 6 ft. proposed.
The motion was approved by a 4 – 1 – 0 vote with Mr. Thorogood voting. Mr. Rinaldi voted nay.
OLD BUSINESS - NON-PUBLIC HEARING ITEMS [new or used car sales, general repairer license, limited repairer license, gasoline service stations]
· NONE
OTHER BUSINESS
· Approval of 2005 meeting dates – Mr. Rinaldi made a motion, seconded by Mr. LeDoux, to approve the 2005 Meeting Dates. The motion was approved by a 5 – 0 – 0 vote with Mr. Thorogood voting.
· Requests - Mr. Rinaldi requested that Mr. Alsbaugh investigate the purchase of the ZBA workshop booklets. He also requested that the new application format be added to the next agenda for review and consideration.
ADJOURNMENT
Mr. Rinaldi made a motion, seconded by Mr. Thorogood, to adjourn. Following a unanimous vote, the Board adjourned at 9:50 p.m.
cc: Town Clerk, Town Attorney