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HomeMy WebLinkAboutInlaw Apartment (42) TOWN OF SOUTH WINDSOR PLANNING&ZONING COMMISSION o v+a sir APR I I1 ED �/y ` Application No: —�>P Official Receipt Date: NOV 34 1999 Receipt No: AI APPLICANT: ���11 i,U r'dS UT R-Co �4 a. ��lt����� Pt��I��EP_T ADDRESS: -r�A =-= ' ' - - �to Pa n d L e. So u44, OWNER OF RECORD ON LAND RECORDS: l�r i a n 4- 'b�b r A EJ L4-.0.11'ds' ADDRESS: a 6 fond L a-- , e-'n �1 I C� ,'o da r COMPLETE LOCATION OF PROPERTY: a,�C.t n+- Vail , � , ,�'h t c��, (,c��',ids 6 r- ASSESSOR'S MAP# PARCEL # ZONE Z NAME, ADDRESS, TEL& FAX # OF PERSON TO WHOM INQUIRIES SHOULD BE DIRECTED: r�a.n nr 1JP6r� Fd�ar� S �( Qnn�L ane- S©uJ-h wJndSnY �L_to y 4 -ad ��x - Co 4 4-r?s a S THIS APPLICATION IS FOR: (Check all that apply): ❑ Zone Change to (Public Hearing required and Certified letter to abutters required) ❑ Subdivision/Resubdivision ❑ Open Space Subdivision (Public Hearing Required) ❑ Subdivision ❑ Minor ❑Major . ❑ Resubdivision (Public Hearing Required) El-Minor ❑ Major ❑ Conditional Approval ❑ Special Exception to Article (Public Hearing, Certified letter to abutters required) ❑ Site Plan of Development ❑ General Plan of Development ❑ Earth Filling (Sec. 15) and/or Earth Removal (Sec. 14 - Public Hearing required) ❑ Regulation Amendment: ❑Zoning ❑ Subdivision (Attach proposed amendment) Temporary and Conditional Permit for e p �p-� • �� y),e a a( ❑ Major Home Occupation for ❑ Other (explain in detail) An Application Pending sign is required to be posted on the property for all applications ten (10) days prior to being heard by the Commission. Signature of Applicant Signature of Property Owner (See reverse side for additional information) dWV"L19 /l +In-Law Apartment Renewal PH 6/23/98 T III 1. Request for renewal of a permit for an in-law apartment at 376 Pleasant Valley Road, I zone. This in-law apartment was originally approved by the ZBA in eight years ago and renewed by this Commission in 1997 with standard approval conditions. 2. The PZC new in-law apartment regulation on specifying criteria for the unit and providing for a 5-year permit period. These criteria include: ♦ The in-law apartment cannot be larger than 900 sq ft or 40% of the gfa (whichever is smaller) ♦ the entire structure must maintain the appearance of a single family dwelling; ♦ off street parking for three vehicles must be accommodated, ♦ adequate water and sewage disposal must be provided; and ♦ the owner of the dwelling units must occupy either the in-law apartment or the main dwelling unit The Commission may waive one or more of the provisions above (except the requirement that an owner live in the apartment or house) after determining: ♦ There will be minimum adverse impact on existing uses in the area; ♦ Surrounding property values will be conserved and the character of the neighborhood will not be unduly disrupted; ♦ Due consideration to preservation of historic factors has been demonstrated. 3. This in-law apartment is approximately 1300 square feet, but was approved when there were no criteria. If this renewal is approved, a waiver to the maximum size restriction is needed. If this application is approved, the Commission may grant approval for up to five years. The applicant will be asked via letter to reaffirm ownership of the property every two years. At the end of the permit period, if the family situation has not changed, the applicant may request renewal by staff. S�r1N 8f1 C ~ c T�� O-P Sau� ?d&U&Ot 1540 SULLIVAN AVENUE•SOUTH W►NDSOR, CT 06074-2786 soR:co�'`' AREA CODE 860/644-2511 FAX 860/644-3781 October 26, 1999 Ms. Debra Edwards 26 Pond Lane South Windsor, CT 06074 Dear Ms. Edwards: Re: Appl #97-72P, Temporary & Conditional Permit/Apartment This is to notify you that the two-year temporary and conditional permit for an apartment at 376 Pleasant Valley Road, I zone approved by the Planning and Zoning Commission expired on October 7, 1999. If you wish to continue this use, it will be necessary for you to contact the Planning Department at the South Windsor Town Hall regarding changes to in law apartment permits. Sincerely, Lt/'(Ja'X Deborah L. Wark Administrative Secretary ,OWN 7-own o-P S-O-tdA ?d 1540 SULLIVAN AVENUE•SOUTH WINDSOR,CT 06074.2786 R•co�'�� AREA CODE 860/644-2511 FAX 860/644-3781 January 25, 2000 Ms. Debra Edwards 29 Pond Lane South Windsor, CT 06074 CERTIFIED MAIL Re: Appl #99-79P, Edwards in law renewal Dear Ms. Edwards: At its January 18, 2000, meeting, the Planning and Zoning Commission voted to approve your request for an in law apartment renewal. This approval is subject to the following conditions: 1. This permit will expire on June 1, 2000. Since the Owner(s) of the property does not reside in the apartment or the main dwelling unit as required with in-law apartments, the Commission felt that the applicant should apply for this use through some other means than an in-law apartment (i.e. accessory apartment or seek two-family approval). If you have any questions, contact the Planning Department at 644-2511, ext. 252. Sincerely, Walter J. Mealy, Chairman Planning and Zoning Commission WJM/dlw E r c tpW N sf� r Town o-PS-OU44 `l,& 9 ` 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 �ry�sOR-co AREA CODE 860 /644-2511 June 1, 2000 Ms. Debra Edwards 29 Pond Lane South Windsor, CT 06074 VIA FACSIMILE/HARD COPY TO FOLLOW Dear Ms. Edwards Re: Appl #99-79P, Edwards in law This is a reminder that the in law apartment on property located at 376 Pleasant Valley Rd., I zone, expires June 1, 2000. If this use is to be continued, please make application to the Planning and Zoning Commission. If you have any questions call the Planning Department at 644-2511, ext. 253. Sincerely, Deborah L. Wark Recording Secretary • Brian&Debra Edwards • 26 Pond Lane _ South Windsor,CT 06074 FAINVa& RECEIVED June 1,2000 JIN 5 2000 Town of South Windsor SOUTH WINDSOR PLANNING DEPT. Planning&Zoning Commission 1540 Sullivan Ave. South Windsor, CT 06074 # Dear Commission Members, We received notice today that our permit,for an in-law apt. at 376 Pleasant Valley Rd. expires on June 1, 2000. This property is for sale and is being marketed as a single family home by Robert Knurek of DeWolfe agency in South Windsor. At this time we are undergoing negotiations with a potential buyer. Therefore we would like to request an extension of our permit to September 1,2000,to allow us time to close on the property with the buyers. Thank you for your consideration of this matter. Sincerely, / Debra Edwards P 0 G r Town a-.Ps-otdA ?Aqd4ot 6 1� 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 oe•co �v AREA CODE 860/644-2511 June 20, 2000 Mr. &Mrs. Brian Edwards 26 Pond Lane South Windsor, CT 06074 Re: App199-79P, Edwards In Law Apartment Dear Mr. &Mrs. Edwards: We regret to inform you that at its June 20,2000 meeting, the Planning and Zoning Commission denied your request for an extension of your in law apartment permit until September 1, 2000. The commission was concerned that the in-law apartment is not in compliance with zoning requirements. Sincerely, Walter J. Mealy, Chairman Planning and Zoning Commission WJM/dlw �towM aa, t� s �~ 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074 e•co� AREA CODE 860/644-2511 July 6, 2000 NOTICE.OF WARNING CERTIFIED MAIL Debra Edwards 26 Pond Lane South Windsor, Connecticut 06074 I LOCATION: 376 Pleasant Valley Road Dear Ms. Edwards: You are hereby notified that the following zoning violation exists on the property reference above. SOUTH WINDSOR REGULATION SECTION: Section 4.7.2, In-Law Apartments ments TYPE OF VIOLATION: Neither the in-law apartment nor the main dwelling unit at the subject location are being occupied by an owner of the property as required by South Windsor Zoning regulations. CORRECTIVE ACTION REQUIRED: Immediately cease utilizing the in-law apartment and convert it back into living space for the main dwelling. Failure to comply with the terms of this notice will result in the issuance of a cease and desist order and possible referral to the Town Attorney for legal action. If you have any questions regarding this matter, feel free to contact me at 644- 2511, ext. 251. Sincerely, Michael Turk Zoning Enforcement Officer cc. PlanningtZoning Commission Director of Planning Town Attorney i - BRIAN & DEBRA EDWARDS RECEIVED jut 21 2000 July.20,2000 Mr. Michael Turk SUM 11'1im"XI P'4AR"i`pa KPT, Town Hall 1540 Sullivan Ave. South Windsor,CT 06074 Dear Mr.Turk, We are in receipt of your letter dated July 6,2000 regarding an alleged zoning violation at 376 Pleasant Valley Rd. However,we don't understand why the in-law apartment is said to be non-conforming at this time. It is being used in the same way and under the same circumstances as when we received our original approval in 1987 and subsequent renewals since then. Please provide us with an explanation as to the reason for the change in how our apartment is now viewed. Thank you for your help in this matter. Sincerely, (� r -, Brian &Debra Edwards 26 POND LANE • SOUTH WINDSOR, CT • 06074 ��Q*% SC44 F 70-Wn E sau& ?d&U&1at s ` 1540 SULLIVAN AVENUE - SOUTH WINDSOR, CONN. 06074 Soe•co�'Pw AREA CODE 860 /644-2511 CERTIFIE AIL August 21, 2000 Brian and Debra Edwards 26 Pond Lane South Windsor, Connecticut 06074 Dear Mr. And Mrs. Edwards; I am in receipt of your letter of July 20, 2000 in which you requested additional information on the zoning violation at 376 Pleasant Valley Road. Prior to January 1998, there were no provisions in the Zoning Regulations for in-law accessory apartments. Consequently, requests for these apartments were handled by the Zoning Board of Appeals through a Temporary and Conditional permit, valid for two-year periods. These were no rules, guidelines or requirements for such apartments since they were not included in the Zoning Regulations. In January 1998, the Planning and Zoning Commission enacted regulations for in-law and accessory apartments, with specific requirements, and from that time forward, the Planning and Zoning Commission hears all applications for accessory and in-law apartments. The Zoning Regulations specifically require that an owner occupy one of the apartments. The Commission heard and acted upon your application for renewal of the apartment in January, 2000. At that time, the Commission noted that the existing apartment does not conform to the in-law apartment regulations, and that the applicant should apply for the apartment use through some means other than an in-law apartment (see attached copy of the Commission's approval letter). For that reason they limited the permit duration to June 1, 2000. That limited approval period allowed the apartment to remain in existence while allowing abundant time or an alternative approval to be requested. The alternative approval was not sought. Therefore, the apartment is now in violation of the Zoning Regulations and we have no alternative but to seek compliance via zoning enforcement. Please contact me at 644-2511, ext. 251 if you need any further information. Sincerely, Michael Turk Zoning Enforcement Officer N1F BURNHAM 1 \. 1 NCrrE!5% \ —t- -- 25'R.Y I. PROP i 2 ALL Ti P POSED °J. PARK) RAC:E ( �J BP1ti i 3 \ .5=AC. oj O 'v _ —=t--� N O n �o PR000sr.6�. N 69 \�NOusE��pr�tcE1 �? Q r • r - i 55 IO2.00 I N TY- 113'-OT'W �... y. eT9 WATER UNE �i.... n� .,.,�,• W W W T12"GRP ..o��,,. ,+,.• .,,, .. 'on.•, a •barn TPP @ 2.4Z&7. INV. (AT.oS PLEASANT '•YALLE'I'" ROAD HM T.F-,14.7Co 1NV. +rca53