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Home My WebLink AboutVariance (201) APPLICATION FOR T O W N O F S 0 U T H W I N D S 0 R TO BE COMPLETED BY BOARD ZONING BOARD 'OF APPEALS Filed . .( - 1. 7 .- , (D ATE) 1 . Application and supplements must be filed in duplicate . Fee 3, . . . . . . . . . . 2. Application must be typewriten or printed in ink. 3. All items must be answered. The application will be Receipt No. returned if incomplete or not described satisfactorily. 4. The application must be delivered to the Building Department or Planning Department by the 15th of the month. 5. The sign purchased from the Planning Department must be displayed on the property at least 10 days prior to the Public Hearing in a location visible from all public streets. 6. A Class D or better survey of the property in question must be submitted with the application showing streets, lot lines, building lines, zone boundary lines, dimensions and buildings present and proposed, and buildings_ on adjacent properties and distance from subject property. 7. If a variance is being requested, a legal description of the property must be submitted with the application. (Obtained from mortgage records) . 8. The applicant, or his representative, must be present for the Public Hearing, the time, date and place to be advised by mail. 9• Inquiries on this application may be directed to the Planning Department or Building Department at the Town Hall. APPLICANT Robert C. & Betty Jean Russell MAILING ADDRESS: 334 azapel Road, South Windsor, CT 06074 OWNER OF RECORD OF PROPERTY IN QUESTION: Robert C. & Betty Jean Russell LOCATION OF pROpERTY IN QUESTION : 334 Chapel Road, South Windsor, Ct 06074 ZONE Industrial CHECK ONE OF THE FOLLOWING: REQUEST VARIANCE TO SECTION 5.2 OF THE ZONING REGULATIONS TO ALLOW five (51) foot sideyard at Northwesterly corner of tobacco barn, instead of ten (10,) required by regulations OR SPECIFIC EXCEPTION OR APPROVAL UNDER SECTION OF THE ZONING REGULATIONS TO ALLOW ,7 OR STATE HEARING UNDER SECTION OF THE GENERAL STATUTES FOR 47 OR TEMPORARY AND CONDITIONAL PERMIT FOR OR AN APPEAL FROM THE ZONING OFFICER' S DECISION INVOLVING (over) Rev. 10-82 Is applicant a corporation, co-partnership or individual? individual _ (If Corporation, submit a list of officers; if co-partnership, submit a list of owners. ) Is the applicant owner, lessee or prospective tenant? owner Are there any liquor outlets within the restricted area? No (If yes, submit a list of the liquor outlets, their locations and distances from the property in question. ) Is this property within 500 feet of another town line? No State clearly the particular hardship or unnecessary difficulty that prompts this application and indicate why other options are unacceptable . (Use a separate sheet of paper if necessary. ) On January 3, 1978, the Planning & Zoning Commission approved a three (3)lot subdivision for the applicant's predecessor in title, Stephanie Jurgelas. One of the conditions of said subdivision approval was for the removal of a tobacco shed, which extended over the lot lines as subdivided. Subsequently, the applicants purchased the property from the people who had purchased the lot from Stephanie Jurgelas. The applicants, at the time they purchased the lot, had notice and knowledge of the requirement for the tobacco shed to be removed. In view of the fact that the tobacco shed was located on three (3) different parcels of land, the Town brought legal action against the various property owners, to enforce the terms of the Dated this 14th day of October 1983. A PPLI CANT Signature OWNER: -,e, -Z r,fa (Signature) ACTION OF THE BOARD at the meeting held on . . . . . . . . . . . . . . . . . . . . GR TED DENIED . . . . . . . . . . . . . . . . . 7 r '�' • ' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i ,GL;L .?2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .' . 'Y� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restrictions: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . APPLICATION FOR TOWN OF SOUTH WINDSOR ZONING BOARD OF APPEALS Page 2 Planning & Zoning Commission approval. A copy of the Stipulation for Judgment in that case is attached, as Exhibit B. The applicants, pursuant to the Stipulation for Judgment, have until June 1, 1984, to remove the tobacco barn. The applicants, in cooperation with the abutting property owners, are in the process of removing the barn. However, the applicants would like to retain a portion of the barn, which is fully situated on their lot. The applicants would propose to reduce the barn to a size of forty-eight (481) foot by thirty-one (31') foot, as shown on Exhibit A, attached. Reducing the barn to that size would result in the northwest corner of the barn being within five (51) feet of the sideline. Therefore, the applicants request a five (51) foot variance to allow the re- maining portion of the barn to remain on their premises, within five (5') feet of the sideline. The applicants are presently residing in the house shown on the map attached, as Exhibit A. The use to the west of their property is for commercial activities, being the retail storage of goods. Alluring the portion of the barn to remain, as requested by applicants, would act as a screen, or barrier, to aid in shielding the applicant's house from the c mr ercial activity to the west. The applicants request approval of this vari- ance, on the grounds of undue difficulty. i f �I r S ! NO. rV 80-02.�:i:��10.� I I TOWN OF SOT'111 WTV)SOR SUPFIZ1012 COURT JUDICIAL DISTRICT OF HARTFORD/ VS. NEW BRITAIN at Hartford �i �1 11 ROBERT C. RUSS1:1.i,, 17 AT, JANUARY 26, 19F1 � STIPULATION FOR JUDGMENT II The parties in the above entitled action hereby stipulate and agree that ( Judgment may enter for the Plaintiff on its Complaint without cost to either party. The terms of said Judgment shall provide: I 1 The Defendants, Robert C. Russell and Betty Jean Russell, their heirs and g / day of � .r L 1984, cause the tobacco i assigns, shall on or before the barn referenced in Paragraphs S, 8 and 9 of the Plaintiff's Complaint to be t demolished and removed from the premises. This Order shall be effective as to the Defendants only insofar as to that portion of the barn which is physically I Ilocated on the Defendants' property. In carrying out the Order of this Court 'I the Defendants shall not be required to incur any pecuniary or civil liability with respect to the adjoining property owners insofar as a portion of the barn may be located on the property of the abutting property owners. This Stipulated Judgment shall toll any applicable Statute of Limitations. Nothing contained ,,within this Judgment shall be construed as a Barr to prohibit the Defendants, (prior to the effective date of the removal referenced above from pursuing appli- cations to the various agencies of the Town of South Windsor with respect to said JOHN J.WOODCOCK III ATTORNEY AT LAW barn. Nothing contained herein shall be construed as requiring the Plai_I)tiff or 3Y6 BUCKLAND ROAD ' P.O. BOX 644 SOUTH WINDSOR, CT 06074 JURIB NUMBER 66620 4203) 644.2.431 i I I I j i II Many of its agencies to approve any such applications which may be filed by the 1i Defendants with any of the appropriate agencies of the Plaintiff. A notice of ; this Judgment and a summary of its restrictions as pertaining to the Defendants' ( property shall be recorded in the Land Records of the Town of South 1,Tindsor. Dated at South Windsor, Connecticut this`3: -day of ,r-w 1981 7 + PLAINTIFF, I; TOWN OF SOUTII WINDSOR 1 BY: in J. Woo cock, III Its ttorn y DEFENDANTS , ROBERT C RUSSEL and BETTY JEAN RUSSF.LI, J , • . �� By- - c H Id R. C.umm s I� r Attorne B 'TY JE RUSSELL i -2- J. ' TORNEY T LAW II j The premises affected by this stipulation are known as 334 TTORN[Y AT LAW )f D AND BUCKL ROAD P. AP404 Chapel Road, South Windsor , Connecticut, as shown on the map 0. BOX,UTN WINDeOR. CT attached hereto incorporated here and by reference as Exhibit A. f 06074 JURID NUMBER eee2o (203) e44-2431 I TOWN OF SOUTH WINDSOR ZONING BOARD OF APPEALS Received from -------------------------------------------------------- of ----------------- Y Dollars fee for a hearing before the Zoning Board of Appeals. r ----- ---------- (+ This hearing is to cover application number '0 or -77 r - ciZ'la7 7?-- C tZ t7`1 --tb-- --Zra-lZc'3.Yjae—*------ -----------------at South Windsor, Conn.,this.-------_,_ ----------- Dated U€�t'�t---day of------------- 9- ., ---- - Signed ; ------------------------ - SECRETARY- OWN Sf� S i• U 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 SOR•c� AREA CODE 203/644-2511 October 18, 1983 Harold Cummings, Esq. Kuehn, Cavanaugh & Cummings 1665 Ellington Road South Windsor, CT 06074 Dear Attorney Cummings: The application of Robert C. and Betty Jean Russell to the South Windsor Zoning Board of Appeals will be heard at a public hearing on Thursday, November 3, 1983 at 7 :30 p.m. in the Council Chambers of the South Windsor Town Hall , 1540 'Sullivan Avenue , South Windsor. Someone must be present at the hearing to represent the application. The sign purchased from the Building Department must be displayed on the property at least 10 days prior to the public hearing in a location visible from all public streets. Enclosed is a receipt for the application fee of $30. and the $5. cost of the sign. Very truly yours, Richard H. Eriksson, Chairman Zoning Board of Appeals RHE/src encl. qOW N SC44 7�0 0/?s G = o �c` 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 SOR•Co�� AREA CODE 203/644-2511 November 4, 1983 CERTIFIED MAIL Harold Cummings, Esq. 1665 Ellington Road > South Windsor, CT 06074- Dear Attorney Cummings: The application of Robert C. and Betty Jean Russell to the South Windsor Zoning Board of Appeals requesting a variance to Section 5.2 of the Zoning Regulations to allow a 5 foot sideyard, instead of the 10 feet required by the regulations, at the northwesterly corner of a tobacco barn located at 334 Chapel Road, South Windsor (I Zone ) , has been granted. In granting this variance, the Board noted that it is strictly to preserve the continued use of the existing tobacco shed, and it should not be construed as allowing construction of any new structures within the side yard line. This action is effective November 16, 1983 and upon your filing the enclosed form in the Town Clerk' s Office. Very truly yours, -IL�.tQ,-cu.� �• �nc.l2oa..�,,..� Richard H. Eriksson, Chairman Zoning Board of Appeals sc encl. 11:4019 -k'1'ijV'1- Lot "//1 "1,-! rA1uA'Tt[ 01 T';uld of Esl-late 1"--401 D,te 11 -�S-771T N/F 3" STEPHANIE JURGELAS 900( 149.38 UJ Lij > 0 0 LAI m N/F 0 odl N/F SAMUEL M. SISISKY U) STEPHANIE JURGELAS I hereby certif - that- thj s S='Jey wass na'le on the CO 31' y us an ; that no C'j HOUSE v,oning regulations with regard to said location -ire violated. r- violated. T oa 0 -h obacco shed as show i. SUR I_te�1) Cc shed as 5 h ow J,, reprez--,�-.its a violatj.on o'l ilW'A� Boni ion a'1_1 r,�7 re�Zulation a-a-1 00 _3 , _ -_11 _roa ent on an encroacIment on 990, 'aO 0_ abuttinE 10-47 100.80, 57, so q 580 L 49-20 �y. property. L=25.80 �EXJST�ING M.S. r S_T CHAPEL ROAD CURVE DATA p - 5 0- 12'-31" A = 75.00 PROPERTY OF LLOYD D. a SANDY X. CAMPBELL 334 CHAPEL ROAD SOUTH WINDSOR, CONN. EMIL W . LUCEK ASSOCIATES KI 0. REVISIONS DATE SCALE 1 40' DATE 2- 9- 78 CONSULTING ENGINEERS 5 OAKLAND ROAD SOUTH WINDSOR. CONN. DRAWN A.V.H. CHECKED E.W.L. 203-644-2802 PROJECT 78-17 SHEET CERTIFIED SUBSTANTIALLY CORRECT DEGREE OF ACCURACY R tjORTTGA( GE PURPOSE MO EMANUEL W. LUCEK CONN. REG. LAND SURVEYOR 6293