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HomeMy WebLinkAboutVariance (741) TOWN OF SOUTH WINDSOR ' ' €�`'� Application# �- APPLICATIONFOR NOV 14 2002 Date 1 I-ly-Oa ZONING BOARD OF APPEALS Receipt# 8c) IMPORTANT. This application must be submitted to the Planning Department by the second Thursday of the preceding month to insure being heard at the next meeting. ALL ITEMS MUST BE ANSWERED AND ALL SUPPLEMENTS MUST BE SUBMITTED. 1. The application and supplements must be filed in duplicate,typed or printed in ink. 2. 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. 3. If a variance is being requested, a legal description and deed of the property must be submitted with the application. This description can be obtained from the land records. 4. The sign 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 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 maybe directed to the Planning Department at the South Windsor Town Hall. 5. No application shall be a complete application unless it shall be in such form and contain such information as necessary for a fair determination of the issues. Incomplete applications may be denied. 1. Applicant: Sullivan Tnwn RnmeG, TT,('-, c/n Lennard Jannhs, 'Rsa. 2. Mailing Address: 146 Main street. 'P.O. Rox 480, Manchester, CT 0604 -0480 3. Telephone#: 646-01 21 4. Owner of record of property in question: Same 5. Location of property in question: 1101, 1135 & 1165 Sullivan Avenue (west side) Assessor's Map# 88 Parcel# 2 Zone MF 6. Is applicant a corporation or co-partnership? (If corporation, submit a list of officers. If co-partnership, submit a list of owners). Limited Liability Corporation 7. Please indicate if the applicant is owner, lessee, or prospective tenant: owner 8. Check one of the following: (x) Request Variance to Section 4.4.4.2 F.2d the ZoningRegulations to allow a gu portion of a porch wi thin t-.ha rPgij rP8 4n fppt RPt-hack from the centerline of D en Way (a private street). ( ) State hearing under Section of the General Statutes for ( ) An appeal from the Zoning Officer's decision involving 9. Is this a request for a sign variance? If yes, complete and submit the sign checklist information. No 10. If application is for a variance to Section 3.12, are there any liquor outlets within the restricted area, (500 feet)? YES or NO If yes, submit a list of liquor outlets,their locations and distances from the property in question. N/A 11. Is this property within 500 feet of another town line? No 12. Is this property within the Connecticut Water Aquifer area? Yes r No. If yes, application must be filed with the Connecticut Water Company by the applicant.Previously submitted to CWC. we will notify CWC Qf new re s . 13. If requesting a variance state cleearry the unusual hardship or exceptional difficulty on the property that prompts this application and indicate why other options are unacceptable. Use a separate sheet of paper if necessary. CPA ai-.t•.arhA� cYiPPt'. I hereby declare that the data&information contained herein is accurate to the best of my knowledge. Dated this laf-h day of DknTPmhPr Year 2on2 Applicant: U,4-,�L CrT,, (Signatur OWNER: (Signs e) Approved: Denied: c Revised 12/04/98 DESIGN PROFESSIONALS, INC. civil engineers ♦ planners ♦ surveyors gis ♦ gps ♦ landscape architects Variance Application Sullivan Town Homes, LLC Sullivan Avenue South Windsor, Connecticut November 14, 2002 Sullivan Town Homes, LLC has received approval for and is now building a senior condominium development known as Strawberry Fields on Sullivan Avenue opposite Hillsdale Road. The first building, containing Units 501, 502 and 503 Dzen Way, is being completed for occupancy in November 2002. The second building, containing units 601, 602 and 603 Dzen Way, is nearly complete and is to be occupied in December 2002. The subject application is to request a 2.5 feet variance to Section 4.4.4.2F.2(a) for Unit 602 to allow a portion of the front porch within the required 40 feet setback(i.e., 37.5 feet) from the centerline of the site's principal street (i.e., Dzen Way). The unusual hardship and exceptional difficulty on the property which prompts this application includes the following: 1). The building's architectural style does not afford an alternate scenario to resolve this issue without a variance. 2). The building is substantially complete (completion of selected interior items are what is outstanding). 3). The unit is under contract for sale, consistent with the original architectural design. 4). The architect, site engineer and builder met at the site on November 13 and were unable to come up with a satisfactory construction resolution. 5). The building's porch would not be in character with the architectural theme if it were to be modified to conform to this zoning setback. 6). The builder did not realize that the building's porch setback was related to the centerline of the private street. The builder does now realize this and has implemented measures to avoid a recurrence of this problem, including a minor redesign of future buildings in this development. 7). The building cannot be moved. 8). This setback is visually indiscernible from the full 40 feet setback 9). Hardship is caused by the relationship between the structure and the curved portion of the road, i.e.,the middle of the building(i.e., the subject dwelling unit) is required to be farther from the street than the two end residences. This was a surprise to the building contractor. 10). The situation was not discovered until after the building's exterior was substantially completed. 11). Town staff gave an opinion to the applicant's surveying company on November 14 that a variance would be required. 12). Additional factors pertinent to this application will be furnished at the public hearing. Thank you. 165 South Satellite Road, South Windsor,Connecticut 06074 Tel:(860)291-8755 •Fax:(860)291-8757 Email:dpicivil@aol.com UJ Legal Description—Zone Change Map—DPI Project No. 99-1280 Beginning at a point in the southeast corner of the property, said point being further described as being an iron pin in the westerly highway line of Sullivan Avenue; thence, N00°-I T-27"E along the westerly highway line of Sullivan Avenue, a distance of 248.28 feet to a point;thence, N81°-53'-33"W along property now or formerly of Goiangos, a distance of 193.50 feet to a point;thence, N18°-01'42"E along property now or formerly of Goiangos, a distance of 66.00 feet to a point;thence, S76°-43'-52"E along property now or formerly of Goiangos, a distance of 96.12 feet to a point;thence,NO2°-50'-26"W along property now or formerly of Messner, a distance of 30.00 feet to a point;thence, S84°-01'-35"E along property now or formerly of Messner, a distance of 80.00 feet to a point;thence,N00°-18'-27"E along the westerly highway line of Sullivan Avenue, a distance of 200.32 feet to a point;thence,NIV-32'-22"W along the westerly highway line of Sullivan Avenue, a distance of 244.51 feet to a point;thence, along a curve to the left having a central angle of 0°-5l'-39"and a radius of 1919.29 along the westerly highway line of Sullivan Avenue, a distance of 28.83 feet to a point;thence, N87-36'- 20"W along the property now or formerly of Blanchard and Rossetto Enterprises, a distance of 247.74 feet to an iron pin;thence,N87°-03'-08"W along property now or formerly of South Windsor Development Company, a distance of 496.25 feet to a fence post with wire; thence, S21°-29'-19"W, a distance of 707.37 feet to a point;thence, S80°- 27'-27"E along property now or formerly of the Town of South Windsor, a distance of 1085.06 feet to an iron pin, said iron pin being the point and place of beginning. s OSSING Town of South Windsor General Map N Connecticut ROAD NAMES ! '? Date Printed: January 3,2003 PARCELS 0 700 Feet Property boundaries are derived from the Town of South Windsor Tax Assessor maps,digitized at a scale of 1 inch=100 feet,and include the same data limitations and disclaimer as the Assessors maps. All other data portrayed is representation only and,due to inherent mapping limitations,should be used as a guide only. The intent of this map is to present a graphical representation of property boundarie a -Q and selected data,and the map is subject to change as more accurate surveys may disclose. Property boundaries mapped as of June 4,2001, 40M N aft 9 � 7-0-wn a.-Ile A1540 SULLIVAN AVENUE . SOUTH WINDSOR, CT 06074 ��OsoR.co�' TELEPHONE(860) 644-2511 January 15,2003 CERTIFIED#70020510000081152079 Attorney Leonard Jacobs 146 Main Street,P.O.Box 480 Manchester,CT 06045-0480 Re: Appl.#2561-02—Sullivan Town Homes,Strawberry Fields Condominium,unit 602 Dzen Way,(westerly of Sullivan Avenue),MF-A zone Dear Attorney Jacobs: At the meeting of the South Windsor Zoning Board of Appeals held on January 9,2003,the Board approved your request for a 2.5' variance to section 4.4.4.2.F.2(a)to allow a porch 37.5' from the property line at Strawberry Fields Condominiums,unit 602 Dzen Way(westerly of Sullivan Avenue),MF-A zone. The Board concluded the hardship on the property to be as follows: 1. If the porch area were any smaller,it would not be handicap accessible. 2. The building or the driveway can not be reasonably relocated. 3. If the pillars were eliminated from this unit, it would impact the aesthetics of the project. Any new building, or alteration/additions to existing buildings,requires a building permit prior to start of construction. These actions are effective upon your filing the enclosed form in the Town Clerk's Office at your own expense. Very truly yours, Robert Warren, Chairman Zoning Board of Appeals RW:dr cc: Building Department Design Professionals,Inca I, Robert Warren, Chairman of the South Windsor Zoning Board of Appeals hereby certify that on January 9, 2003 the Zoning Board of Appeals granted to: Sullivan Town Homes, LLC, c/o Leonard Jacobs, Esq., a 2.5' variance to section 4.4.4.2.F.2 (a)to allow a porch 37.5' from the property line at Strawberry Fields Condominiums,unit 602 Dzen Way(westerly of Sullivan Avenue),MF-A zone. on premises located: Strawberry Fields Condominiums,unit 602 Dzen Way and more particularly bounded and described as follows: SEE ATTACHED OWNER OF RECORD: Sullivan Town Homes, LLC Dated at South Windsor, Connecticut this 15th day of January, 2003. Robert Warren, Chairperson PUBLIC ACT#75-317 Received for Record this day of 2002 at VOLUME PAGE TOWN CLERK VOL. 12 7 6 PAGE 126 WARRANTY DEED p (STATUTORY) I,MARION GEGETSKAS,of the Town of Granby, County of Hartford and State of Connecticut, for the consideration of ONE HUNDRED EIGHTEEN THOUSAND SEVEN HUNDRED FIFTY($118,750.00)DOLLARS paid,grant to SULLIVAN TOWN HOMES,LLC,a Limited Liability Company,of Manchester,Connecticut,with WARRANTY COVENANTS,one-quarter (1/4)interest in and to a certain piece or parcel of land known as 1101 Sullivan Avenue,with the buildings thereon, situated in the Town of South Windsor, County of Hartford and State of Connecticut,and bounded and described as follows: FIRST PIECE: NORTH: by land now or formerly of Ellery Strong, Roy Strong, Arthur W. Sadd, M.D. Sullivan,one Myers and Mary R.Nichols,partly by each; EAST: by Sullivan Avenue and land now or formerly of Lucius V.Platt,partly by each; SOUTH: by land now or formerly of Lucius V.Platt,land now or formerly of Lena Sadd and land now or formerly of Charles Tuttle,partly by each;and WEST: by Foster Road. Said premises contain forty-four(44)acres,more or less. EXCEPTING THEREFROM,the following parcel: Said premises are situated in the Town of South Windsor, County of Hartford and State of Connecticut,on the west side of Present Sullivan Avenue,Conn.Route 194,containing 7.459 square fee,more or less,bounded and described as follows,and shown on the map hereinafter referred to: 0 z as EASTERLY: by Present Sullivan Avenue,Conn.Route 194,a total distance of 296 feet, ;o o more or less; u ch z SOUTHERLY: running to a point; WESTERLY: by remaining land of Albina Lata et al,a total distance of 273 feet,more or oc ° less,by a line designated"Taking Line"as shown on said map; " NORTHERLY: by land now or formerly owned by Blanchard&Rossetto Enterprises, 4 rp 0 �.� feet,more or less. Said premises are more particularly delineated on a map entitled:"TOWN OF SOUTH WIND SOR MAP SHOWING LAND ACQUIRED FROM HEIRS OF GERTRUDE M.PLAGA ANNINO BY THE STATE OF CONNECTICUT DEPARTMENT OF TRANSPORTATION INTERSECTION IMPROVEMENTS ON SULLIVAN AVENUE AT THE INTERSECTIONS OF GRAHAM ROAD AND AYERS ROAD December 1996 JAMES F.BYRNES,JR.,P.E.". i OPT RM D 2�� SUN 6' UNIT 302 013 0- --DSTRAWBERRY I 0 LANE i T.O.W= 107.20 UNIT 603 F.F.= 107.28 9+ 0 DZEN WAY BSMT= 98.28 T.O.W= 97.75 I PC F.F.= 97.83 BSMT= 88.83 2 � 18 FURM O UNIT 301 PRE STRAWBERRY CENTERUNE LANE DZEN WAY T.O.W= 105.50 FROM.PORCH F.F.= 105.58 BSMT= 96.58 I � Z UNIT 602 \ W DZEN WAY 4 T.O.W= 96.75.00 O F.F.= 96.83 .01 / 00 BSMT= 87.83 � NO D 10 Pit T1- 0� O UNIT 601 - z DZEN WAY SE�CENTERLINE �'`� _- // T.O.W= 97.75 N F.F.= 97.83 + BSMT= 88.83 N I N OPT. SUNRM. O 8 0 860,30'08)) c T 59. 05 NOTE. DZET 1. THIS MAP WAS PREPARED FROM RECORD RESEARCH, OTHER MAPS, LIMITED FIELD MEASUREMENTS AND OTHER SOURCES. IT IS S 1 7 00 NOT TO BE CONSTRUED AS A PROPERTY/BOUNDARY OR LIMITED PROPERTY/BOUNDARY SURVEY AND IS SUBJECT TO SUCH FACTS AS SAID SURVEYS MAY DISCLOSE. THIS SURVEY AND MAP HAS BEEN PREPARED IN ACCORDANCE MATH SECTIONS 20-30OB-1 THRU 20-30OB-20 OF THE a REGULATIONS OF CONNECTICUT STATE AGENCIES - 'STANDARDS FOR SURVEYS AND MAPS IN THE STATE OF CONNECTICUT" AS ENDORSED BY THE CONNECTICUT ASSOCIATION OF LAND SURVEYORS INC. THIS PLAN WAS COMPILED \ S TO UP- FROM OTHER MAPS , RECORD RESEARCH AND/OR OTHER SOURCES OF INFORMATION. IT IS NOT TO BE CONSTRUED AS HAVING BEEN OBTAINED AS THE RESULT OF A FIELD SURVEY, AND IS SUBJECT TO SUCH CHANGE AS AN ACCURATE FIELD SURVEY MAY DISCLOSE. D BELIEF, THIS MAP IS SUBSTANTIALLY CORRECT AS NOTED HEREON. 12882 RI CHARD P. MARTEL LIC. No. 1.UNLESS OTHER1NSE NOTED,EXISTING UTILITY REVISIONS GRAPHIC SCALE (860) 291-8755 py�p��,pg SHEET LOCATIONSAVAILABLE AS SHOVMINFORMATION. ARE BASED I N BEST 20 0 10 20 esign STRAWBERRY FIELDS ZBA MAP AVAILABLE FIELD VERIFIED ALL PRIOR TO UTILITIES SHOULD TI FIELD VERIFIED PRIOR D N THE UCTIDN, rofessionals, inc. SULLiVAN AVENUE 2.ALL UTILITIES ARE TO BE STAKED IN THE FlEID BY A LICENSED LAND SURVEYOR PRIOR TO OF 1 THIS PLAN N. • CRAW BY MIX .Xa9 A00 1280 IMPRESSION THIS PLAN IS INVALID UNLESS 1T BEARS THE Civil engineers P y IM'RESSION SEAL AND ORIGINAL SIGNATURE 1 inch = 20 feet � g' ears - tanners surveyors OF THE PROFESSIONAL ENGINEER/SURVEYOR. NO, DARE DESCRIPTION BY 165 south satellite road, south windsor, Connecticut 06074 BDVfH WMMR CONNECTLIUT pCm BY- PRD DAIS 11/74/02