Norwalk Zoning Board of Appeals holds training on variance law, FOIA, conflicts and meeting procedure

Norwalk Zoning Board of Appeals members met for a training session where city attorneys reviewed state court standards for granting zoning variances, procedural rules for hearings and appeals, and legal constraints such as the Freedom of Information Act and conflict-of-interest rules.

The orientation, led by Mario Capo, corporation counsel for the City of Norwalk, with Assistant Corporation Counsel Matt Saffanza and outside counsel Nicholas Bimonte of Birch and Moses, concentrated on the high legal bar for variances under Connecticut case law and best practices for documenting decisions. "The variance being requested is...the reason that there's a hardship for the variance being requested that affects the property uniquely and differently than others within the zoning district," Capo told board members, urging clear findings on the record when an application is contentious.

Why it matters: The panel heard that recent Connecticut precedent requires more than inconvenience or financial loss to justify most variances. Bimonte summarized the effect of the state Supreme Court’s decision, saying that in practice a board often must show that, without the variance, the property lacks a reasonable economic use. "You can't grant a variance unless there is 0 economic value to the property unless you grant…