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Torrington ZBA denies request to allow backing out onto Midget Avenue at 34 Midget Avenue
Summary
The Zoning Board of Appeals denied Fishbone Enterprises LLC’s (Tactical Arms) request for a variance to permit backing out of parking spaces directly into Midget Avenue, citing an approved 1988 site plan showing a different parking orientation and no demonstrated hardship.
The Torrington Zoning Board of Appeals on Feb. 10 voted to deny a requested variance from Section 5.13.2.0 that would have allowed vehicles to back out from parking spaces on the property at 34 Midget Avenue into the public street.
City planning and land use staff located a signed, stamped 1988 site plan (the Berglund map) on file that shows a parking orientation that does not include backing out onto Midget Avenue. City planner Jeremy Leifer advised the board that the 1988 plan of record was the basis for recommending denial because it demonstrated an approved orientation and therefore no preexisting nonconforming use.
Members discussed whether long-standing practice by successive occupants created a grandfathered use; staff reported records of two later site-plan approvals for signage that referenced the 1988 plan. The engineering department’s upcoming curb and street work prompted the property owner’s request, but planners said the recorded plan provides an alternative layout that undermines a hardship claim.
A motion to approve the requested variance failed on a roll-call vote (0–4). The motion to approve was made by Chair Mark Trevella and seconded by a board member; roll-call votes recorded Nay from Randy, Frank Baba, Steve and Chair Trevella, producing a failed motion.
With the variance denied, staff noted the property remains subject to the approved site plan and that any change to the parking orientation would require compliance with the recorded plan or a successful appeal or new application.
