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HomeMy WebLinkAboutVariance (564) APPLICATION FOR Application # 206G__7 0_X TOWN OF SOUTH WINDSOR Date 71 )- ZONING BOARD OF APPEALS Receipt 1 3� 1 IMPORTANT: This application must be submitted to the Planning Department by the second Friday of the preceding month to insure being heard at the next meeting. ALL ITEMS MUST BE ANSWERED AND ALL SDPPLEMENTS MUST BE SUBMITTED. THE APPLICATION WILL BE RETURNED IF INCOMPLETE. - The application and supplements must be filed in duplicate. - The application must be typewritten or printed in ink. 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 or proposed, and buildings on adjacent properties and distance from subject property. If a variance is being requested, a legal description of the property must be submitted with the application. This description can be obtained from mortgage records. The sign from the Planning Department must be displayed on the property at least 10 days prior to the public h,:e- .Ing in a location visible from all abutting streets. The applicant, or a representative, must be present for the public hearing. The time, date and place of the hearing will be advised by mail. Inquiries on this application may be directed to the Planning Department at the South Windsor Town Hall. �- APPLICANT: ''P. MAILING ADDRESS //Z, r//G�r OWNER OF RECORD OF PROPERTY IN QUESTION ��iC'DL �� LOCATION OF PROPERTY IN QUESTION ,j 3/ ��/313� > /� J d i✓�sD� _T ZONE OF PROPERTY IN QUESTION 4 - 3 ep CHECK ONE OF THE FOLLOWING: -' Request Variance to Section � , of the Zoning Regulations to allow 1/(il/I. WAct or state I hearing under Section of the General Statutes for or temporary and conditional permit for or an appeal from the Zoning Officer's decision involving Is applicant a corporation or co-partnership? (If Corporation, submit a list of officers. If Co-partnership, submit a list of owners) . Is the applicant owner, lessee, or prospective tenant? Are there any liquor outlets within the restricted area? /V© (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? Alp- State clearly the unusual hardship or exceptional difficulty that prompts this application and indicate why other options are unacceptable. (Use a separate sheet of paper if necessary) . C- C Dated this—L�( day of ruz-V Year Telephone # APPLICANT: �} (Signat e) OWNER: L' [/� CT��lJz , (Signature) ACTION OF THE BOARD 1 GRANTED POOR DENIED i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . W- . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .• ` . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In August 1990 I took out a building permit to construct a two car garage and bedr000m addition at 331 Abby Rd. Ext. , South Windsor, Ct. The Towns Planning and Zoning Dept. asisted me by providing 5,L,�� a survey on file (dated Wit. 1961) in their records . They scaled off the proposed addition and instructed me that a 22ft. addition would comply to zoning. The addition was built, inspected and a certificate of occupancy was issued. July of 1992 an abbuting property owner had their property surveyed and the outcome indicated that the addition was 5ft. short of allowed side line under zoning. I questioned the planning and zoning dept. and was told that my addition complied. I contacted Fuss and O Niel surveyors, who represented Griswold in 1961, and explained the situation. They researched their records and came up with a survey done in Oct. 1961 showing the abutter survey to be correct and their Sept. survey incorrect. I brought this information to the attention of the Planning and Zoning Dept. and they suggested that I obtain a variance for the addition. The addition cost $20 , 000. 00 to build. I am requesting a variance of 5ft. leaving 15ft. remaining so as to make this existing dwelling legaly conform to zoning. All parties involed acted in good faith given the information at hand. Enclosed: Town Hall Survey, second Survey, Survey of abutter property, Contract for Construction, Certificate of Occupancy. BUILDING INSPECTION DEPARTMENT SOUTH WINDSOR, CONNECTICUT CERTIFICATE OF OCCUPANCY FEE PAID: $3.00 ZONE: DATED 3/2 19 92 This is to certify that 331 Abbe Road Ext. Erected under permit No. 18728 conforms substantially to the requirements of the building ordinances and the zoning regulations of the Town of South Windsor and is hereby approved for occupancy as indicated below. Approved for Occupancy— Two—car residential garage Use Group: U ConW. Type: 5B Building Official Notice:If this certificate is lost or destroyed a duplicate should obtained immediately from the Building Department. Any dufipe a exhnslen Of the use/MM#7 a~m9wvs a new certih'ficcate of occupancy. i MEMORANDUM TO: Robert Warren, Chairman, Zoning Board of Appeals FROM: Marcia A. Banach, Director of Planning•.'') DATE: August 5, 1992 RE: Application #2066-92, Brian F. & Carol Edwards For your information and use in acting on the above- referenced application, following is a brief explanation of how a structure is able to receive Town Hall building approval and subsequently be discovered to be in violation of building setbacks . It appears that Class A-2 surveys have been required by the Town for new houses only since about the early 1980's . (Class A-2 represents an extremely high level of accuracy for the property boundary) . Prior to that time there also was no requirement for an "as-built" survey showing the actual finished location of the house. Older building department files thus may contain building permit applications ranging from a map which is certified "substantially correct" to no map at all for the oldest houses; and there is generally nothing in these files showing whether the house was actually built in the same location as designed. The older building permit maps simply do not have a level of accuracy which allows for the more accurate measuring and scaling which is possible with a Class A-2 as-built survey. Thus, when a building permit request for an addition to a structure for which there is no Class A-2 survey available is received, there are two options: (1 ) use the best available information, or (2) require a Class A-2 survey (at considerable expense to the property owner) . Over the past years, Town staff have discussed this difficulty with the Town Managers on many occasions, and it is always decided that the added expense of an A-2 survey makes it unreasonable to require one for a residential addition. This decision is always made with full awareness that there will be some building permits granted for structures which are subsequently discovered to be in violation of zoning setbacks . This is unavoidable on occasion; and is indeed exactly what occurred with the subject application. The violations are not as likely to occur with the current zoning and building permit system for new houses . Class A-2 surveys are required for all new houses, and Class A-2 as-built surveys are required prior to occupancy. Where a Class A-2 as-built survey is on file for a house, there is a much higher likelihood that future additions can be more accurately located so as not to violate zoning setbacks . (Please note, however, that the additions themselves still are not required to submit an as-built survey and could theoretically be built slightly differently than the approved plan, causing a zoning violation, without our knowledge. ) MAB/pmm �4041N Sf,<� G � S � 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074 AREA CODE 203/644-2511 SOR C0N September 14 , 1992 _.....R__..T....._.I..._..E-1_.._..E.......D................M.......A........I..........1 Mr . and Mrs . Brian F . Edwards 16 Union Street Rockville, CT 06066 RE: ZBA Application #2066-92: Brian F. & Carol Edwards 331 Abbey Road Extension Dear Mr . and Mrs . Edwards : At the meeting of the Zoning Board of Appeals held on September 3, 1992 , a variance was approved to Section 10 . 2 of the Zoning Regulations to allow a 15 foot side yard (20 feet required) on property located at 331 Abbey Road Extension, AA-30 Zone . The hardship placed with this appeal is that the completed construction was predicated on erroneous data. This action is effective September 3, 1992 and upon your filing of the enclosed form in the Town Clerk' s office at your own expense. Very truly yours , Robert W. Warren, Chairman Zoning Board of Appeals RWW/asb Enclosure I , Robert W . Warren, Chairman of the South Windsor Zoning Board of Appeals hereby certify that on September 3, 1992, the Zoning Board of Appeals granted to: Brian F . and Carol Edwards , 16 Union Street, Rockville, Connecticut a variance to Section 10 . 2 of the Zoning Regulations to allow a 15 foot side yard (20 feet required) on premises located : 331 Abbey Road Extension and more particularly bounded and described as follows : A certain piece or parcel of land, with the buildings thereon situated in the Town of South Windsor, County of Narttord, and State of Connecticut, known as No. 331 Abby Road Extension and also known as Lot No. 4 on a sap entitled "Property of Germaine Vecchiolla Prepared for !rank Vecchiolla South Windsor,. Conn. Scale 1" - 40' Date July 23, 1959 Revision 11-13-59 Percolation Data Added John J. Nozzochi i Associates Consulting Engineers Glastonbury, Conn." on file in the Town Clark's Office in said Town of South Windsor, and more particularly bounded and described as follows, to wit: NORTHEASTERLY . by Lot No. 9 on said map, two hundred (200) fast; SOUTHEASTERLY by Abby Road, one hundred (100) feet: SOUTHWESTERLY by Lot No. 3 on said map, two hundred (200) feet; and NORTHWESTERLY by land now or formerly of Germaine Vaechiola, one hundred (100) feet. OWNER OF RECORD: Carol -Ann Edwards Dated at South Windsor , Connecticut this 14th day of September , 1992 . Robert W. Warren, Chairman PUBLIC ACT #75-317 Received for Record day of 1992 at ATTEST: TOWN CLERK r 1CATION Of. ZONING COIOIPUANCE � � iSG�, proposed bullding(s), use(s) and/or structure(s) cuth Wl asor C—af«y� 8S shown on this plan appear(s) to be in g '1011'NIG © , ARTMEN% 22'Y, Conformance with current South Windso• G 30 regulations. Variances and special exceptions -tt-rt- may apply. , Date 17v,) t' ' - A3 16 1159 Z�ning Enforcement Officer South Windsor EUl1_DiNG DEPARTMC-,N, " air l0 33i CJ ,r,6It 's. nd special 1 - dL 1 i` a :r.ir;'. subleet t_ B:e cenai`.Icn than. --77on' r .il.�l!' .''I Ind 'na aces regul:Itink ouliAmg shsl! ....i�n:,:I,• Aopreue4 These filea wicn Clerk Volume 585 Page N° 498 y TO.ALL PEOPLE TO WHOM THESE PRESENTS SHALL COME, GREETING: n Q 5 3 KNOW YE, THAT Dilly W. Franks, Jr. and Leslie V. Franks aka In1 Leslie V. Frank. �a6 both of the Town of South.Windsor, County of Hartford and State of Connecticut for the consideration of ONE HUNDRED SEVENTY-FIVE THOUSAND AND 00/100 ($175.000.00) DOLLARS , 9 received to their full satisfaction of Carol-Ann Edwards, of the Town of Lebanon. County of New London and State of Connecticut F Oki do give, grant, bargain, sell and confirm unto the said Carol-And Edwards i 1` lam( i A certain piece or parcel of land, with the buildings thereon situated in the Town of South Windsor, County of Hartford, and State of Connecticut, known as No. 331 Abby Road Extension and also known { as Lot No. 4 on a map entitled "Property of Germaine Vecchiolla Prepared for Frank Vecchiolla South Windsor, Conn. Scale 1" - 40' Date July 23, 1959 Revision 11-13-59 Percolation Data Added John J. Mozzochi i Associates Consulting Engineers Glastonbury, Conn." on file in the Town Clark's Office in said Town of South Windsor, and V— more particularly bounded and described as follows, to wit: M. S, I NORTHEASTERLY . by Lot No. 5 on said map, two hundred (200) feet; y„. SOUTHEASTERLY by Abby Road, one hundred (100) feet; SOUTHWESTERLY by Lot No. 3 on said map, two hundred (200) feet; and NORTHWESTERLY by land now or formerly of Germaine Vecchiola, one hundred (100) feet. Said premises are conveyed subject to: a 1. Building lines, if established, building and Toning ordinances, : and any and all municipal and state and federal regulations including inland wetlands regulations and provisions of any public or private law affecting said premises. 2. A building restriction and a pole line easement, appearing of record. rN G 3. Taxes on the List of October 1, 1989, which the grantees herein hereby k COWAYMUTAMEMy STA1E '15.e�Laft=192. � TowNamcaeam(wn(Dea� �" r j): A f � f idIS MAP FOR MORTGAGE PURPOSES ONLY ' s Iry �0 0 � a t ^Owy4/T,v SOg 0 N IV Fo���,�� vim'• `s .=y� jb u"� ioa PR PEBl'7C OF J0,1A,2# M_or__ CA.1 r! s. _ - -- N0. ABBY ROAn EXTENSION SOUTH WINDSOR, CONN. Being Lot # 4 on VMP entitled "�'roperCY of GII�MAINE VECtHIIOISaA, Prepared, for Frank Yecchio13& south Windsor, Conn. Scale 1" = 401 July 23,. 19530 Scale V a 40' HAZDEN L. GFC[SWOLD C.E. hereby CK" this map to be substantially a nmd and that -no � zoning regulations are violated. F