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ZBA declines to grant lot-coverage variance for 2325 Elm Street; motion fails for lack of required four votes

January 03, 2024 | Town of Stratford, Fairfield, Connecticut


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ZBA declines to grant lot-coverage variance for 2325 Elm Street; motion fails for lack of required four votes
The Town of Stratford Zoning Board of Appeals on Jan. 2 failed to grant a requested lot-coverage variance for 2325 Elm Street. The petition sought to increase lot coverage from 25% to 27.7% to allow construction of a front porch and garage overhang, a 2.7% increase the applicants said was needed for the health and safety of elderly parents.

Applicant Armin/Arminder Batra explained the family needs a larger porch so elderly parents would not have to walk in the street. The applicant said the historic commission approved the porch design and that neighbor support letters were on file. Two neighbors spoke in support, noting difficulty with two steps for older adults.

Board members questioned whether the claimed need constituted the legally required hardship tied to the land rather than a personal or family circumstance. Town attorney Florek told members that statutory hardship must relate to unique features of the parcel; financial and purely personal hardships do not meet the test. After discussion about sidewalks, ramp options and historic-commission approval, members took a roll-call vote. The motion to grant the variance received three affirmative votes and two opposed, which failed to meet the four-vote threshold necessary to grant a variance, so the request was not approved.

The attorney explained the board can deny with or without prejudice and outlined options should the applicant wish to revise plans and return; the transcript records discussion of those procedural options but no final direction other than the failed motion result.

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