HomeMy WebLinkAboutVariance (206) APPLICATION FOR y✓ 1983
T 0 W N O F S 0 U T H W I N D S 0 R TO BE COMPLETED BY BOARD
ZONING BOARD OF APP ALS ; �ll (:O.ATE)
TE' .
e
1 . Application and supplements must be filed Cate . -Fee � � �:��' . . . . . . . .
2. Application must be typewriter or printed i ink.
3. All items must be answered. The application will be Receipt No. U.5 5S-A3. . . .
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 Eurr hea6 o, Associt,tes
MAILING ADDRESS; I,.O. Fo 583, S0U'-J'I WIP?I)SOR, COT.- ECTICUT o607)!
OWNER OF RECORD OF PROPERTY IN QUESTION: NOPTI?EFN CONNECTICUT NlTIONAT, DANK
LOCATION OF PROPERTY IN QUESTION . NORTT-'-WEST CORNER ON THE INTERSECTICN 0
CL-,RIB STREET AND PLEJAI c'ANT VALLEY ROAD ZONE MF-A
CHECK ONE OF THE FOLLOWING:
Zx REQUEST VARIANCE TO SECTION ! OF THE ZONING REGULATIONS TO ALLOW
OR SPECIFIC EXCEPTION OR APPROVAL UNDER SECTION OF THE ZONING
REGULATIONS TO ALLOW
,Q OR STATE HEARING UNDER SECTION OF THE GENERAL STATUTES FOR
Z7 OR TEMPORARY AND CONDITIONAL PERMIT FOR
D OR AN APPEAL FROM THE ZONING OFFICER' S DECISION INVOLVING
(over)
Rev. 10-82
Is applicant a corporation, co-partnership or indiv: ua ?
(If Corporation, submit a list of officers; if co-partnership, submit a list
of owners. ) See addendum B.
Is the applicant owner, lessee or prospective tenant? purchaser
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. )
See addendum C.
Dated this _ _day of November 19 83
A PPLICANT A fr-"-6�bm V
Si ure
OWNER: r ro
(Signature)
ACTION OF THE BOARD
at the meeting held on
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i
j GRANTED DENIED
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Restrictions: . . . . . . . . . . . . . . . . . . . .
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;Obt.i%Wvi "B" BUkR ASSOCIA'I'LS, A general Partnership
itaywna U. Ldexan6er, general Partner
219 Griffin Road
ouch 'uvindsor, Cr 0607r=
S. Virgien, Gen ral Partner
J. iwrshir.e Roac.
;won, ci A6001
,orton I. virgi(=r. Jr. , Gera,r.al F.:j,:i-ner
41 Ayr. Adre Rout
,Avon, C1' 06001
b. -,.A. , inc. , General Partnor
1776 South Nair; Street
Last Granby, CI 06U26
burr ,,ea:jovv t-ipplicatior. Page ;number 1
1�DDr'i�:DUri "C"
variance #1.
Section: 4.6.4.6 Open Space/Recreation; Landscaping
Paragraph A. sub-paragraph 5
At least six hundred ( 'JU) souare feet of developeu recreation
land shall. be provided for eacli dwelling unit. This requirement
shall be exclusive of the front, rear and side yard requirements
of these regulations.
To Allow:
IWenty four thousand (24,00(J) square feet of developed recreation
to be situated as shown on the map provided. Planting, Fencing
and site d& iori can blend the proposed developed recreation area
attractively into the ,now derelict, street corner.
The exceptional difficulty and unusual hardship results fram:
The unique configuration, noncontornurig size, i.e. 9.7 acres
less than the 15 acr,:3 requirement and linear nature of the site
creates site de-;ian situations that, while accomouating sound
,jesign solutions, do nct fit into the perimeters of a regulation
governing a fifteen acre (15) site.
Other solutions and options are unacceptable:
' o develope the site in conformity with a literal enforcement of
the regulations would not yield a den:3ity in harmony with the
intent of the i4-ti, o� uriits/acre) . The proposed plan is in
keeping with the dei.,.Aties of the neig,iboring ME'-H coinnunities,
(5.9 units/acre) . The omen slice proEosal will have no adverse
affect on public tafr-t-1 , convenience, welfare and property values
of the surroundiri.l di:-trio.
This site ha;3 been derelict for over ten years (10) and is the
only noncorit-crming zoiieci rarcel in the town. Only our
ability to incort..)orate ttie site into our existing project makes
the site t<,asible at t,�i! true. The ;proposed site plan is an
efficient use ri lam(,, i:)otc, aL.: ,thically and in den�;ity.
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Burr jv.ea(.I-w tipplication Page ,umber 2
r:UKK tvlli��l.)Ciw �:�:i:1.:l.�it;c; E�kPL1CN'1'lUr
)AIX)E.�UUM "C"
variance #2.
Section: 4.6.4.7 Buffers
A buffer area shall be established where the site abuts a
residential zone, and at the descretion of the cem fission, shall
be established where the site abuts an industrial, commercial,
residential or institutional zone or use, including zones or uses
across any street or railroad right-of-way. (I-he balance of the
section deals with the corr�position of the buffer. )
To Allow:
The bu ildina to be rrcved to the thirty-five foot (35) ::yet back
with the abutting property zoned residential (RR) . The
thirty-five foot (35) set back is the minimum required unless a
buffer is required.
The exceptional difficulty and unusual hardship results from:
The nonconrorminq size ana linear nature or the cite creates site
design situations that, while accoix)dating sound design
solutions, do not fit into the perimeters of a regulation
governing a fifteen acre (15) site. The parcels contiguou to the
north is a rca3si✓e wetland with little prospect for development
while the parcel to the wec is land-locked and sandwiched
between the .subject parcel and a Connecticut Light & Power
right-cf-wad anu is urSUitable fir suture residential
development. i'!;e aWtt.ing properties will. not be inconvienced
nor %iub,;tantial.l\ or i.�rrrvar.ontly injured by this exception and
the futures hoioeowne.rs will he greatly benerited by the resultant
open site design.
Other solutions and options are unacceptable:
Alternate site de: iyn i-ia yiei.ded a complex: that conform:3 to the
regulations but i.:3 lc (3- ireable of a place to live than the
design we are currently nrofx)-;lny. Burr Meadow, as it is
currently bernJ deveiory-d, i an open anal spacious. we believe
it is a desireabl� feature of the plan and .should be incorporated
into Euture plans.
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burr i�jeauow iAr.pl ication Page �,4wrler 3
L,Jkklt rVILADUA 16:�JC11dlt S f�_PPI J_Ckl'lUv
i�Dl ,e uuiv3 licit
variance #3.
Section: 4.6.4.5 Im rovements Paragraph F. sub-paragraph 4
Excepting parking areas expressly designated for physically
handicapped, minialum et back shall be twenty five feet (25)
between any unencle. eci rarkiny space and the center line of the
:3ite's principal street:i; and minimum setback, shall be fifty
feet (50) between any unenclosed parking space and the center
point of a cul-de-sac for the site's principal streets.
To Allow:
portion o1 the .paricinq sfxice designated as number one (1) to be
with in the f it ty toot (5u) setback line troin the center point of
the cul-de-sac.
The exceptional difficulty and unusual hardship results from:
The ncnccriforrnina _izo anu linear nature of the site creates site
design situations that., w'nile accoiLodatiny sound r e;:;ign
solutions, ao not fit into the periaeters of a regulation
governing a fist`-erg acre (15) site. 'urther tide cul-de-sac
within wriich the rx rtion of park i,ig space number one (1) would
lie i<, more a tecnnica i_ requirament• or the regulation than a
funtional turn arcun�i path. ran additional cul-ae-sac is planned
beyond the princi-7a1 street cul-de-sac whi&, will serve the
surrounding cluster of home-.
Other solutions and options are unacceptable:
Spotting rxirki.ri_- r.;ac _. in an etfurt to just meet the regulation
will creat a ci-igrp�; an,i ciuttered feeling to the site.
variance #4.
Section: 4.6.4.5 Improvements Paragraph F. sub-paragraph 5
Excepting pari:ing area,: expressly de��ignat.ec" for priysica.11y
handicapped, minimum, s,t back small be fifty feet (5U) between
any unenclo: eu ,•pace and any property line, and minimum
setback shall be fifteen feet (15) between any unenclosed parking
space and any building containing dwelling units.
To Allow:
A portion of the parkin_) spaces designated as nurdx—r3 1, 2, 3, 4,
5 & 6 to be wits) in tire fifteen loot (15) setback line.
Burr a;car ova Application Page Nurnt.)-er 4
bURA KEADUw
&J,UI"L,.W M nCIP
Vaiance #4. Continued
The exceptional difficulty and unusual hardship results from:
The nonconforminol size and lim:ar nature of the site creates sit--
design situations that, while accotaxiating sound design
solutions, do not Lit into t ,F f-erimieters oL a regulation
governing a fifteen acr.a (15) 'ite. i-;ovii19 these ,marking spaces
further from the re 3idences cl.as& down the site and cramps it.
Site plantings ano arcriitectural de.iian can accoaxxlate the
closeness of the protxcsed parking, but little will help once the
buildings are drawn too clo:3` together.
Other solutions and options are unacceptable:
spotting parkiny :-,pace-- in an effcrt to just meet the regulation
will Great a choppy anti clutL-ereu feeling to the site.
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Variance #5.
Section: 4.6.4.5 Improvements Paragraph F. sub-paragraph 5
Excepting parking areas expressly designated for physically
handicapped, minimum set back shall be fifty feet (50) between
any unenclosed parking space and any property line, and minimum
setback shall be fifteen feet (15) between any unenclosed parking
space and any buildin% containing dwelling units.
To Allow:
A portion of the par,tiincq space designated as number ten (10) to
be with in file f iLty fc:.ct (5u) setback line fran the westerly
property line.
The exceptional difficulty and unusual hardship results from:
The nonconforicanc -.iz,- Ind linear nature of tiie site creates site
ue:;inn situation� t!;at'
, wt;ilc accomcdatirm sound design
;,volution-., da not i_it ir,Lc) vile perimeters ot" a regulation
governing a fifteen acre W." ) site.
Other solutions and options are unacceptable:
spotting parking .:L:ace� in an cffort to just meet the regulation
will treat a cho[.ny an.l cluttered feeling to the site.
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Burr :,Ie iuow i�pplication ?aga Numu`r 5
10 Sf+
7-awn- 0-le -
',� 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074
�OSOR•CG"
AREA CODE 203/644.2511
November 14, 1983
Kevin M. O'Brien, Esquire
O'Brien and Higgins
Attorneys at Law
267 Main Street
Manchester, CT 06040
Re: Your letter of October 19, 1983
Dear Attorney O'Brien:
I have had occasion in the past to render an opinion on the status
of the six acre parcel at the intersection of Clark Street and
Pleasant Valley Road.
After carefully researching the facts and the law at that time, I
concluded that the MFA zone upon that six acre parcel constituted
non-conforming use zoning which could not be affected by the sub-
sequent change in the regulations. Therefore, the parcel itself is
subject to development as a condominium despite the higher acreage
requirement existing in the regulations. At the time this parcel
was zoned, we did not require property to be contiguous and not
separated by a public street. Naturally, it could be developed as
part of a larger site too, if it was contiguous..
The short answer to your question is that the parcel stands alone as
an MFA parcel. Thank you.
Very truly yours, r
Wayne Christopher Gerlt
Town Attorney
bes
cc : Chairman, Planning & Zoning Commission
TOWN OF SOUTH WINDSOR 1535
1
ZONING BOARD OF APPEALS
Received from ------ ?P--r.-----"Ae-a-dQ-w--- --------------------------------------------------------------------
of -----------'D---30.x---- -------------------------------------------------
( f sip-0
Dollars fee for a hearing before the Zoning Board of Appeals. + or
1 257�'-�)----------for yariances.
This hearing is to cover application number ------L5- ------------------------------10----
e _�j 0 r-
4.6 ohf' the Zoning Regui,�-jions
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ated at South Windsor, Conn., this------�-1.91------- day of-------------- ------------------------19-----�c�4 3
Signed-------- I------------------I----------------------------------
SECRETARY
s
SOW N St,
c . ` -awn- O-P S-altm,
1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074
soR•C' AREA CODE 203/644-2511
November 21, 1983
t
Burr Meadow Associates
p0 Box 583
South Windsor, CT 06074-
Gentlemen -
Your application to the South Windsor Zoning Board of Appeals
will be heard at a public hearing on Wednesday, December 7, 1983
at 7 :30 p.m. in the Council Chambers of the South Windsor Town
Hall, 154.0 Sullivan Avenue , South Windsor. You, or someone
representing you, must be present at the hearing.
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.
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 .
O'BRIEN AND HIGGINS
ATTORNEYS AT LAW
267 MAIN STREET
MANCHESTER, CONNECTICUT 06040
KEVIN M.O'BRIEN AREA CODE 203
JAMES M. HIGGINS,JR. 646-3500
December 7 , 1983
MEMORANDA REGARDING BURR MEADOW ASSOCIATES
APPLICATION FOR VARIANCE
This application for a variance is based on a hardship which
is both unusual and unique . Section 11 .4 . 1 . c of the Town of
South Windsor Zoning Regulations sets forth the criteria to vary
the application of the Zoning Regulations :
Purpose and Intent : To determine and vary
the application of the zoning laws and
regulations in harmony with their general
purpose and intent and with due
consideration for conserving the public
health, safety, convenience , welfare and
property value solely with respect to a
parcel of land where owing to conditions
especially affecting such parcel but not
affecting generally the district in which
it is situated , a literal enforcement of
such zoning laws and regulations would
result in exceptional difficulty or unusual
hardship.
Page 2
1 . The variance is in harmony with the general purpose and
intent of the regulations .
The proposed development is in harmony with the general
purpose and intent of the regulations in that this parcel of land
is currently available for multi-family development (MFA) which
allows for a maximum density of eight units per acre . The
proposed use of this property is proper. In fact, the proposed
development provides for a density of only 6.9 units per acre .
2. Concerning the public health, safety, convenience ,
welfare and property values:
Public Health: This parcel has been uncared for since the early
1970 's. Over the years the Town has been dumping road
sweepings and various other fills. While not a health
hazard , the dumping has encouraged others to begin dumping
trash at different locations on the site . The proposal will
eliminate the dumping and place a financially and legally
responsible condominium association in control of its care .
Safety: The parcel's frontage will be developed to yield a
widened Clark Street with proper storm drainage and a
pedestrian path that will tie into the existing Burr Meadow
walk paths.
Convenience : Owing primarily to its location , this proposal will
provide high quality housing convenient to shopping and work
centers without impacting on existing municipal
infrastructure .
Page 3
Welfare : Through demonstrated careful site design and
conservation , present conditions in the area of the parcel
can only be improved. The parcel is presently assessed at
$63 , 000 on the Town 's Grand List and yields the Town
$3, 168 .90 annually in taxes. This proposal will , in
addition to the improvements to Clark Street and Pleasant
Valley Road , yield the Town $16 ,600 in sanitary sewer fees,
approximately $16 , 000 in building permit fees and
approximately $40 , 000 annually in property taxes while only
using the Town' s Police and Fire Protection services. The
Town may realize no more than three (3) or four (4) school
aged children from the forty (40) proposed units.
Property Values : Traditionally the introduction of condominium
housing has had no negative effect on surrounding property
values. The multi-family designation has been in existence
for over twelve ( 12) years. Producing housing of the nature
of the existing Burr Meadow design will have a positive
effect on the property values in that area.
3. Hardship affecting this specific parcel :
A review of the map sumitted to the Commission shows that a
literal enforcement of the regulations will create exceptional
difficulty and hardship because of the property' s unique size and
configuration . The hardship arises from an application of the
Zoning Regulations themselves to this particular piece of
property. This hardship is both unusual and unique in that this
is the only six acre parcel which may be developed under the
Page 4
multi-family regulations. Further , the area of Variance No . 1 is
of such a size and configuration that a literal enforcement of
the regulations would prohibit any meaningful development. To
approve these variances would allow the property to be developed
in harmony with both the spirit and purpose of the MFA
regulations. This is accomplished by meeting open space
requirements in a suitable location which has no adverse affect
on the public welfare , but rather accommodates the intent of the
regulations which were designed for a minimum fifteen acre site .
In summary, by varying the literal enforcement of the Zoning
Regulations , this Commission will allow for the development of
this small multi-family parcel by incorporating it into an
existing known and viable condominum community. Burr Meadow's
design and construction are of the highest standards, and the
granting of these variances will provide for quality multi-family
housing in harmony with the spirit and purpose of the Zoning
Regulations.
A t O'N S r4
South, Va
C _
1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074
SOR•Co AREA CODE 203/644-2511
December 9, 1983.
CERTIFIED MAIL
Burr Meadow Associates
PO Box 583
South Windsor, CT 06074
Gentlemen :
Your application to the South Windsor Zoning Board of Appeals
requesting variances to Section 4. 6 of the Zoning Regulations
on property located on the northwest corner of the inter-
section of Clark Street and pleasant Valley Road, South
Windsor (MF-A) , ha,,7e been granted as follows:
Varied Section 4. 6.4. 6. a ( sub-paragraph 5) to allow recreation
land within the required yards to qualify as "developed
recreation land" as follows: 35' from Clark Street (40 foot
variance ) ; 35 ' from Pleasant Valley Road (15 foot variance ) ;
10' from the Marouski property line (40 foot variance ) .
Varied the requirements in section 4. 6.4.7 so as not to require
a buffer.
Varied the requirements of Section 4. 6.4.5. F to allow a parking
space within the required 50 foot set-back from a cul-de-sac ' s
center point.
Varied the requirements of Section 4. 6.4. 5. F to allow a parking
space within the required 15 foot setback from a dwelling.
Varied the requirement of Section 4. 6.4. 5. F to allow a parking
space within the required 15 foot setback from a property line .
In granting these variances, the Board noted that the parcel
is smaller than the size for which MF-A zone was designed,
and that the adjacent westerly and northerly properties are
zoned RR, but unlikely to be developed residential . These
variances are conditional upon site plan approval by the
Planning and Zoning Commission.
Burr Meadow Associates -2- December 9, 1983
This action is effective December 20, 1983 and upon filing
the enclosed form in the Town Clerk' s Office.
Very truly yours,
Richard H. Eriksson, Chairman
Zoning Board of Appeals
.,m/src
encl .