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HomeMy WebLinkAboutVariance (744) TOWN OF SOUTH WINDSOR Application #_ d,SAL 0,3 APPLICATION FOR Date ZONING BOARD OF APPEALS Receipt# f$'3 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. SEC`TIfl1Vl` l. 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 may be 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: Craig A. & Lynn M. Kochanski 2. Mailing Address: 55 Sele Drive South Windsoxf, CT 06074 3. Telephone#: (860) 644-4345 4. Owner of record of property in question: Craig A. & Lynn M. Kochanski 5. Location of property in question: 76 Rarber ui i i gnarl Assessor's Map # >> Parcel # 27 Zone RR 6. Is applicant a corporation or co-partnership? (If corporation, submit a list of officers. If co-partnership, submit a list of owners). No 7. Please indicate if the applicant is owner, lessee, or prospective tenant: Owner 8. Check one of the following: (x) Request Variance to Section 10.2 of the Zoning Regulations to allow a lot with less than the rerniirPd lot. width (16 ..671 , or 12,331 variance) ( ) 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 io 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. 11. Is this property within 500 feet of another town line? M, 12. Is this property within the Connecticut Water Aquifer area? Yes or No. If yes, application must be filed with the Connecticut Water Company by the applicant. 13. If requesting a variance state clearly 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. S?.e attached sheet 1: _V aS' Q DxS4 l�k�7r �' s x I hereby declare that the data& information contained herein is accurate to the best of my knowledge. Dated this 19th day of December Year 2002 Applicant: (S' ature OWNER: 222. (Signa re) SECTIf�1 F-TV , QF B©�4RD sx Approved: Denied: Revised 12/04/98 DESIGN PROFESSIONALS, INC. civil engineers ♦ planners ♦ surveyors gis ♦ gps ♦ landscape architects ZBA Application Craig A. &Lynn M. Kochanski 76 Barber Hill Road South Windsor, CT 06074 DPI Project No. 02-1715 December 19, 2002 In September, Craig and Lynn Kochanski of South Windsor purchased a parcel along the easterly side of Barber Hill Road for the purpose of creating a three-lot subdivision. At the time, all indications were that the parcel contained 4.0 acres and had 530 feet of frontage, i.e., sufficient area, depth and frontage for three lots. Mr. &Mrs. Kochanski then engaged Design Professionals, Inc. (DPI)to conduct soils testing, surveys and engineered subdivision plans for the three-lot subdivision. Soils testing revealed soils conditions suitable for septic systems, a soils scientist determined the property was free of wetlands, and all factors appeared favorable. That was until DPI completed the boundary survey and determined that the parcel was smaller(3.79 acres vs. 4.0 acres), and with less frontage(12.3 feet)than indicated on the deed and on the assessor's map (517.69' vs. 530'). Accordingly, the Kochanski's respectfully request a variance of 12.33' to Section 10.2 (lot width)for Lot No. 1 to allow a 1.21-acre lot with 162.67 feet of frontage. The particular hardship and exceptional difficulties which prompt this application are: 1. The southerly lot line of Lot No. 1 is being established 20±feet north of the existing garage on Lot No. 2, in order to conform to the 20' minimum side yard setback for the garage on Lot No. 2. This sets the 162.67 feet of frontage., 2. When CL&P acquired a 1.5-acre parcel from the original tract, 200 feet was taken from the 730 feet of frontage, leaving 530 feet, or enough area and frontage for three lots. 3. The assessor's maps have shown the subject property's acreage at 4.0 acres and the frontage at 530 feet. 4. The applicant/owner was made aware of the reduced parcel size(3.79 acres) and frontage (517.69 feet)by Design Professionals, Inc. upon completion of an A-2 boundary survey. 5. Proposed Lots 2& 3 will meet or exceed all zoning requirements, including frontage. 6. All three lots will far exceed the minimum lot size requirement (40,000 sq. ft.) of the RR zone;in fact, Lot No. 1 is 1.21 acres, Lot No. 2 is 1.3 acres and Lot No. 3 is 1.27 acres. This exceeds the minimut lot size by 12,707Jz square feet for Lot No. 1, 16,628f square feet for Lot No. 2 and 15,321f square feet for Lot No. 3. 7. All three lots will exceed the minimum lot frontage and area requirements for all other single-family residential zones in South Windsor, including the A-40 zone(150'/40,000 sq. ft.), AA-30 (150'/30,000 sq. ft.), A-30 (120'/30,000 sq. ft.) and A-20 (100'/20,000 sq. ft.). 8. Soils testing for septic systems was favorable. 9. Public water service is available. 10. No boundary survey was available when the land was acquired by the applicant. 165 South Satellite Road, South Windsor,Connecticut 06074 Tel:(860)291-8755•Fax: (860)291-8757 Email:dpicivil@aol.com y* i . •. r DESIGN PROFESSIONALS, INC. civil engineers ♦ planners ♦ surveyors gis ♦ gps ♦ landscape architects 11. The deed for the property clearly indicates 730 feet of frontage, less 200 feet conveyed out to CL&P, or 530 feet, which would be sufficient for three lots. 12. The frontage deficiency was not caused by the applicants. 13. The applicants relied on the deed and assessor maps to determine adequate area for three lots. 14. The tract contains no wetlands or floodplain. 15. The applicants will remove a section of the residence on Lot No. 2, so that it will conform to the side yard zoning setback. That portion of the historic building is in a state of disrepair. 16. The immediate neighborhood along Barber Hill Road contains five house lots with dwellings. In order, as we go south toward Miller Road, each house lot contains a frontage of 127±feet, 127t feet, 115±-feet, 100f feet, and 100f feet, respectively. None of these lots come close to meeting the minimum frontage requirement of the RR zone. None of these lots have frontage approaching that provided on proposed Lot No. 1. 17. Proposed Lot No. 1 is separated from the other five house lots on Barber Dill Road by the proposed Lots No. 2& 3, wooded lots which fully conform to zoning. 18. The subject lot exceeds the lot sizes and frontages of the Stonefield Trail neighborhood to the east. 19. To the north is CL&P land, which will not be impacted. To the west or opposite side of Barber Hill Road, is vacant land which is wetlands and zoned AA-30 (150' frontage/30,000 sq. ft. lot size). To the east is zoned A-30 (120' frontage/30,000 sq. ft. lot size). 20. No lots in this section of Barber Hill Road conform to the RR zone. The proposed lots are larger than the existing lots and contain more frontage. , 21. We could add 5f feet to the proposed Lot No. 1 by taking frontage from Lot No. 2, thereby reducing the non-conformity. This, however, would require a variance for the garage setback, or removal of the existing garage. A frontage variance, albeit reduced, would still be required. 22. The proposed frontage reduction would not be readily discernible to the motoring public. Thank you. 165 South Satellite Road, South Windsor,Connecticut 06074 Tel: (860)291-8755•Fax: (860)291-8757 Email:dpicivil@aol.com STATUTORY FORM QUIT CLAIM DEED I, Craig Kochanski, aka Craig Kochansky, of South Windsor, Connecticut, for no consideration, grant and convey to Craig A. Kochanski and Lynn M. Kochanski ,of South Windsor, Connecticut as JOINT TENANTS and with QUIT- CLAIM COVENANTS A certain piece or parcel of land, with any buildings or improvements thereon, known as 76 Barber Hill Road and being more particularly bounded and described on Schedule A attached hereto. Being the same premises described in a Deed from Janet M. Fierro to Craig Kochansky dated September 14, 2002 and recorded on November 4, 2002 in the South Windsor Land Records . Signed this day of December, 2002 . Witnessed by: 4Craig Kochanski, aka Craig Kochansky �r-G�k w•l�-SS-� STATE OF CONNECTICUT) ss . South Windsor December l 2002 OF HAI1LZTFORD ) Personally appeared, Craig Kochanski, aka Craig Kochansky, signer of the foregoing instrumenr-, and acknowledged the same to be his free act a-nd ue� be]-ore me, _-mac.-„�✓L------- C • sioner of Superior Court �- GRANTEES ' MAILING ADDRESS 55 Se' e Drive South Windsor, CT. 06074 Schedule A-Description A certain piece or parcel of land together with the buildings thereon and appurtenances thereto located and situated in the Town of South Windsor, County of Hartford and State of Connecticut and being more particularly bounded and described as follows, to wit: Northerly: by The Connecticut Light& Power Company, three hundred twenty-eight and four tenths (328.4') feet; Easterly: by Sophia Hawkins, seven hundred thirty (730') feet, more or less; Southerly: by A. Boysen,three hundred fifteen(315') feet, more or less, said southerly line being marked by a stone wall; and Westerly: by Barber Hill Road, seven hundred thirty(730') feet,more or less, The northeasterly and northwesterly comers of said premises are marked by merestones. EXCEPTING THEREFROM: That certain piece or parcel of land, with any buildings thereon, situated on the easterly side of Barbour Hill Road in the Town of South Windsor, County of Hartford and State of Connecticut, containing 1.5 acres more or less and more particularly bounded and described as follows: Commencing at a monument on the easterly highway line of Barbour Hill Road; thence N 890 58' E 328.4 feet to a monument; thence S 1° 47' 30" E 200.1 feet to a monument; thence S 890 58' W 325.2 feet to a monument on the easterly highway line of said Barbour Hill Road; thence N 2° 41' W 200.2 feet along said easterly highway line of Barbour Hill Road to the monument at the point and place of beginning, and being bounded: Northerly: by land now or formerly of The Connecticut Light & Power Company, 328.4 feet; Easterly: by land now or formerly of Sophia J. Hawkins, 200.1 feet; Southerly: by other land now or formerly of The Connecticut Light & Power Company, 325.2 feet; and Westerly: by-Barbour Hill Road, 200.2 feet. The above bearings are referred to the True Meridian. m Town of South Windsor General Map N Connecticut ROAD NAMES s. Date Printed: January 3,2003 PARCELS 0 400 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.r.� 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 (• �J-D 3 and selected data,and the map is subject to change as more accurate surveys may disclose. Property boundaries mapped as of June 4,2001. 9 � •. SotdA 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074 ��OsoR•c°`'�� TELEPHONE (860) 644-2511 January 15, 2003 CERTIFIED#70020510000081152062 Craig A. &Lynn M. Kochanski 55 Sele Drive South Windsor, CT 06074 Re: Appl. #2564-03—Craig A. & Lynn M. Kochanski, 76 Barber Hill Road, RR zone Dear Mr. &Mrs. Kochanski: At the meeting of the South Windsor Zoning Board of Appeals held on January 9,2003,the Board approved your request for a 13' variance to section 10.2 to allow a lot with 162' of frontage.(175' required) at 76 Barber Hill Road, RR zone. The Board concluded the hardship on the property to be as follows: The lots were recorded on the deed and placed in the land records as three separate parcels. 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,Waarrren Chairman Zoning Board of Appeals RW:dr cc: Building Department 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: Craig A. & Lynn M. Kochanski, a 13' variance to section 10.2 to allow a lot with 162' frontage, RR zone. on premises located: 76 Barber Hill Road and more particularly bounded and described as follows: SEE ATTACHED OWNER OF RECORD: Walter G. Twardowski Dated at South Windsor, Connecticut this 15th day of January, 2003. wo/�-7 �/60- 1 Robert Warren, Chairman PUBLIC ACT#75-317 Received for Record this day of 2002 at VOLUME PAGE TOWN CLERK Schedule A-Description A certain piece or parcel of land together with the buildings thereon and appurtenances thereto located and situated in the Town of South Windsor, County of Hartford and State of Connecticut and being more particularly bounded and described as follows, to wit: Northerly: by The Connecticut Light&Power Company,three hundred twenty-eight and four tenths (328.4') feet; Easterly: by Sophia Hawkins, seven hundred thirty(730') feet, more or less; Southerly: by A. Boysen, three hundred fifteen(315') feet,more or less, said southerly line being marked by a stone wall; and Westerly: by Barber Hill Road, seven hundred thirty(730') feet,more or less, The northeasterly and northwesterly comers of said premises are marked by merestones. EXCEPTING THEREFROM: That certain piece or parcel of land, with any buildings thereon, situated on the easterly side of Barbour Hill Road in the Town of South Windsor, County of Hartford and State of Connecticut, containing 1.5 acres more or less and more particularly bounded and described as follows: Commencing at a monument on the easterly highway line of Barbour Hill Road; thence N 890 58' E 328.4 feet to a monument; thence S 1° 47' 30" E 200.1 feet to a monument; thence S 89' 58' W 325.2 feet to a monument on the easterly highway line of said Barbour Hill Road; thence N 2°41'W 200.2 feet along said easterly highway line of Barbour Hill Road to the monument at the point and place of beginning, and being bounded: Northerly: by land now or formerly of The Connecticut Light& Power Company, 328.4 feet; Easterly: by land now or formerly of Sophia J. Hawkins, 200.1 feet; Southerly: by other land now or formerly of The Connecticut Light& Power Company, 325.2 feet; and Westerly: by.Barbour Hill Road, 200.2 feet. The above bearings are referred to the True Meridian.