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Home My WebLink AboutVariance (770) TOWN OF. SOUTH WINDSOR Application # a5� � —LD�• 4PPLICArI0 FOR Date 4 ZONING BOARD OF APPEALS Receipt# la o O 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 SUPPLEMENTS MUST BE SUBMITTED. THE APPLICATION WILL BE RETURNED IF INCOMPLETE. .... .... :.:.:::.::::::.::::::...............:.:.:.::.:::.:::::.::::::.................. :::::::::.::::. :::::::::..:...:.....................:......:::::.:::::::::::::.:................ 1 ........................:.:..:::::..:::::._:::....:............................:x::....:::.:::.:.::.................._::::: 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, dimension, 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 mortgage 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. :::.. ....::.::..::::.:. 1. Applicant: J. Stewart & Anne R. Johnston and Mary Lou Kur)chunos 2. Mailing Address: One Christine Lane, South Windsor, CT 06074 3. Telephone #: 205-8999 4. Owner of record of property in question: Same 5. Location of property in question: 1025 Foster Street Extension Assessor's Map # 115 Parcel# 63 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 :G ZIUz� Ii lR � Tl... 09ntinueaF) 8. Check one of the following: t- (x) Request Variance to Section 10.2 of the Zoning Regulations to allow a craracre addition within 9.3 feet of the side yard (i.e. , 10.7 feet variance) . ( ) State hearing under Section of the General Statutes for ( ) An appeal from the Zoning Officer's decision involving 9. Are sign(s) involved? YES or NO If yes, submit complete sign information as outlined in sign information requirements. 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 the 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. 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. See Attached Sheet ECTf0�111 IJ'A. 'E', i All�i?. .......... ::::. Dated this llth day of April Year 2002 APPLICANT: #&"I /Acrent fnr-Ann1 i r-;:inf- (Signature) OWNER: I- Zajent for nwnpr (Signature) ACTION OF THE BOARD Granted- Denied: v �du DESIGN PROFESSIONALS, INC. civil engineers .planners . surveyors . gis .gps Narrative Statement ZBA Application J. Stewart Johnston,Anna R. Johnston, and Mary Lou Kupchunos 1025 Foster Street Extension South Windsor, Connecticut April 11, 2002 Stewart and Anna Johnston are in the process of renovating and expanding a single-family residence at 1025 Foster Street Extension, purchased in March. The first phase of the expansion consists of a rear addition for a family room for which no variance is required. At present,there is no family room in the house, and this is where Anna and Stewart plan on spending the majority of their days. The reason for the variance is to replace the existing one-car garage with a new handicapped-accessible two-car garage, including an elevator-type lift. The entire property must be made handicapped accessible in that Anna is wheelchair-bound. This particular location was selected in part due to its proximity to the residences of Mary Lou Kupchunos and her sister,both of whom live in South Windsor within an approximately 3 minute drive. This will require a minor driveway widening for access to the second garage space. The specific variance request is to Section 10.2 Area,Yard, and Height Requirements, 20 feet side yard requirement(10.7 feet variance to allow the garage within 9.3 feet of the side property line). The unusual circumstances and hardships that support this application are: 1). The second garage space cannot be reasonably added to the southerly side of the existing residence due to the fact that that area contains living space and windows. 2). The Johnstons' and Kupchunos' have carefully evaluated the potential locations for the two- car garage addition and have determined that this is the only reasonable location. 3). The proposed addition and required variance enjoys the support of the immediate neighborhood. 4). The proposed additions of a family room and of a two car garage will likely increase the value of this property and of surrounding properties in the neighborhood. 5). There is no development to the rear of the subject property, and as a consequence,there should be no impact to the abutter to the rear. The abutting property to the rear is a house of worship(former Temple Beth Hillel). 6). The proposed garage addition is necessary to accommodate a second vehicle. 7). The proposed addition is necessary to accommodate an elevator like lift for the handicapped resident,which requires maneuvering room for the lift and for stairs. 8). The addition is necessary to make the building fully accessible for the handicapped. 9). The parcel is in the RR zone and has only 100 feet of street frontage, or 75 feet below the normal requirement of the zone. This property is thus narrower and non-conforming to the normal lot width requirements in the RR zone. 10). The reduced lot width has, in part, caused the necessity for this variance. If the lot were 75 feet wider, it would likely allow for erection of the garage addition within the RR required setback requirements. 11). This non-conforming lot pre-dates the zoning requirement for 175 feet of lot frontage. 12). This lot is undersized, and is only one-half of the 40,000 square feet required in this zone. 13). This lot pre-dates the RR zoning requirement of a 40,000 square feet minimum lot size. 14). The land directly across the street from the house is vacant. 165 South Satellite Road, South Windsor, Connecticut 06074 Tel: (860) 291-8755 •Fax: (860) 291-8757 DESIGN PROFESSIONALS, INC. civil engineers .planners . surveyors . gis .gps 15). The subject lot is part of the Foster Estates Subdivision of 1956,which not only allowed the aforementioned reduced lot area and lot width,but also allowed for a 40 feet front yard rather than today's 50 feet. 16). The existing single garage will not work for full handicapped accessibility. 17). The large two-car garage is required to accommodate a handicapped vehicle with a lift. 18). The Johnstons' anticipate retaining the services of a caregiver. In conclusion,the purpose of this variance is to allow the construction of a handicapped accessible garage addition for which there is no alternate location. The reduced lot width and size, among the other factors enumerated above, establish a clear hardship for the applicants. Thank you for your consideration of this request. 165 South Satellite Road, South Windsor, Connecticut 06074 Tel: (860) 291-8755 •Fax: (860) 291-8757 npr 04 .02 03: 30p 860-291 -8757 p. 2 I I i I I April 4, 2002 To Whom It May Concern: Please be advised that Peter K. DeMallie and Design Professionals, Inc. is hereby authorized to act as our agent and sign as owner and applicant any and all applications associated with the development of an addition at 1025 Foster Street Extension in South j Windsor. Connecticut. Sincerely, I _ By. iY Maey Lou Kupc s, Owner B w= y• J Stewart t Johns , Owner By: nna'R. Johns --'owner I I I I I I I I I i I I vu. 1305 PACE 94 EXECUTOR'S DEED KNOW ALL MEN BY THESE PRESENTS: �3 J 3 THAT I, MICHAEL T. TABOR, of the Town of Eastford, County of Windham and State of Connecticut, Executor under the Last Will and Testament of ESTELLE P. KOZLOWSKY, late of South Windsor, Connecticut, by the power granted under Article Third of the Codicil dated March 22, 2001, to the Last Will and Testament of Estelle P. Kozlowsky dated November 10, 1977, (hereinafter "grantor") authorizing me to sell and convey any and all real or personal property without order of Court and in consideration of the sum of ONE HUNDRED FORTY THOUSAND AND 00/100THS ($140,000.00) DOLLARS, received to my full satisfaction of J. STEWART JOHNSTON, and ANNA R. JOHNSTON, both of the Town of Manchester, County of Hartford And State of Connecticut and MARY LOU KUPCHUNOS, of the Town of South Windsor, County of Hartford and State of Connecticut (hereinafter "grantees") , (Mailing Address: 626 Porter Street, Manchester, CT 06040) do give, grant, bargain, sell and confirm unto the said J. Stewart Johnston, Anna R. Johnston and Mary Lou Kupchunos, not as tenants in common, but as joint tenants as at common law, with full rights of survivorship, and unto the survivor of them, and unto such survivor's heirs and assigns forever, all such right, title, interest, claim and demand which the said Estelle P. Kozlowsky had at the time of her death, or which I, as such Executor, have or ought to have in and to a certain tract or parcel of land located in the Town of South Windsor, County of Hartford and State of Connecticut, bounded and described as follows: All that certain piece or parcel of land together with the buildings thereon, located at 1025 Foster Street Extension, in the Town of South Windsor, County of Hartford and State of Connecticut, and more particularly bounded and described as follows, to wit: Said land is known and designated as Lot Nine (9) as shown on a certain map entitled "Map of Foster Estates Developed By Quality Built Homes, Inc. Foster Street South Windsor, Scale: 11, = 50' May 22, 1956 L.J. Baribault, C.E. Certified Substantially Correct L.J. Baribault," which map is on file in the Town Clerk's Office in said Town of South Windsor, reference to which is hereby made for further description. Said Lot 9 is bounded: Northerly by Lot 10, as shown on said map, two hundred (200) feet; Easterly by Foster Street, one hundred (100) feet; Southerly by Lot 8, as shown on said map, two hundred (200) feet; and Westerly by land now or formerly of Moses N. Maskel, one hundred (100) feet. Being the same premises conveyed to Michael Kozlowsky and Estelle P. Kozlowsky by Warranty Deed (Survivorship) of Allen Peter Lappala and Mary O. Lappala, dated September 21, 1967 and recorded in Volume 121 at Pages 228-229 of the South Windsor Land Records. Reference is hereby made to a Tax Certificate for The Land Records from the Estate of Michael Kozlowsky to Estelle P. Kozlowsky, dated August 12, 1977 and recorded in Volume 228 at Page 269 of the South Windsor Land Records. Reference is made to a Certificate of Notice For Land Records from the Estate of Estelle P. Kozlowsky, dated November 29, 2001 and recorded in Volume 1269 at Page 82 of the South Windsor Land Records. CONVEYANCE TAX RECEIVED 1 STATES ,Icab LOCALS Laallo. TOWN CLERK OF SOUTH VVINDSOR r 1 ' ws ' ... ; ., ! .._ _k;' 977 Foster Street Extension 4 South Windsor,CT 06074 April 17,2002 Zoning Board of Appeals Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 Dear Board Members, Subject;Variance Applicaiilon,Johnston and Kupchunos, 1025 Foster Street Ext. 1, Patrick McCaffrey, am writing to share with you the support close-by neighbors of Mr, and Mrs. Stewart Johnston, and Mrs. Mary-Lou Kupchunos at 1025 Foster Street Extension have regarding their application to add a second garage to the side of their already existing one-car garage. Enclosed you will see a list of names, addresses, and signatures of nearby residents that, like me, are in full support of this proposal. If you should need more support,please contact me at the address and/or telephone number below. Sincerely, P/ 6� Patrick McCaf#r Enclosure(1) ca Mr,and Mrs. Stewart Johnston Mrs. Mary-Lou Kupchunos Attention: Board Members After reviewing the proposal of Mr. and Mrs. Stewart Johnston,and Mrs. Mary-Lou Kupchunos to add a second garage to their dwelling at 1025 Foster Street Extension, I have no hesitation in supporting their request. As a fellow neighbor, I feel strongly that your approval will help maintain,and possibly increase the property values of our street. Therefore, I have signed below to firmly suggest the Board to grant the required consent: Ee7— (�C �2�R�U / Ai)L �, ��v /-� )b T�,5rce sT E?�-T 20 C r6 5 t J Apri18, 2002 Zoning Board of Appeals Town of South Windsor 1540 Sullivan Ave. South Windsor, CT 06074 RE: Variance Application Johnston and Kupchunos 1025 Foster Street Extension South Windsor, Connecticut Dear Board Members: I have reviewed the variance application of Anna and Stewart Johnston and Mary Lou Kupchunos for a garage addition at 1025 Foster StreerExtension. As a neighbor, I feel that this addition is reasonable and will help increase or maintain property values. Accordingly, I support the variance application and encourage the Board to grant the necessary approval. Sincerely, �j ti 1028 Foster Street Ext. South Windsor, CT 06074 Robert J. and Linda Lee Brown 1017 Foster Street Ext. South Windsor, CT 06074 April 9, 2002 Zoning Board of Appeals Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 HE: Variance Application / Kupchunos-Johnston 1025 Foster Street Ext. South Windsor, CT Dear Board Members: We have reviewed the variance application of Ann and Stewart Johnston and Mary Lou Kupchunos for a garage addition at 1025 Foster Street Extension. We, as neighbors, feel that this addition is acceptable and will help increase property values. We approve of the variance application and ask that the Board grant the required approval. Sincerely, Ro ert . Brown Lin Lee Brown �- low on- AMI� in 33 r► a�i - • . ��-� , • wit ME -A VAD ►�i� ��►i,� �''� sir �► � �.��,►.. •. ��, �. Pi low 41 ♦ � � • �� •�. fit'+ �a�'�� ` � � �♦ :' :� � ♦ � �.�. � rig � ,� Man Eli Is,fill '• - •�: III �� .,' . .�;, ♦III . � ♦ . � �� ,�;,, �• • �W M "4 �S y a u m � 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074 Soil Co�'`� TELEPHONE (860) 644-2511 May 6, 2002 CERTIFIED # 70001670000189222032 Design Professionals, Inc. Attn: Peter DeMallie 165 South Satellite Road South Windsor, CT 06074 Re: Appl. #2541-02 J. Stewart& Anne R. Johnston and Mary Lou Kupchunos, 1025 Foster Street Extension, RR zone. To Whom It May Concern: At the meeting of the South Windsor Zoning Board of Appeals held on May 2, 2002, the Board approved your request for an I F variance to section 10.2 to allow a garage addition 9' from the side property line (20' required) at 1025 Foster Street Extension, RR zone. The Board concluded the hardship on the property to be the frontage is deficient relative to the current zoning requirements for a RR zone. Any new building, or alteration/additions to existing buildings, requires a building pen-nit 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 J. Stewart& Anne R. Johnston Mary Lou Kupchunos I, Robert Warren, Chairman of the South Windsor Zoning Board of Appeals hereby certify that on May 2, 2002 the Zoning Board of Appeals granted to: J. Steward &Anne R. Johnston and Mary Lou Kupchunos, an 11' variance to section 10.2 to allow a garage addition 9' from the side property line (20' required) RR zone. on premises located: 1025 Foster Street Extension and more particularly bounded and described as follows: SEE ATTACHED OWNER OF RECORD: J. Stewart &Anne R. Johnston and Mary Lou Kupchunos Dated at South Windsor, Connecticut this 6th day of May, 2002. Robert Warren, Chairman PUBLIC ACT#75-317 Received for Record this day of 2002 at VOLUME PAGE TOWN CLERK u VOL. 13 0 5 PAGE 94 EXECUTOR'S DEED KNOW ALL MEN BY THESE PRESENTS: 2`3 J 3 THAT I, MICHAEL T. TABOR, of the Town of Eastford, County of Windham and State of Connecticut, Executor under the Last Will and Testament of ESTELLE P. KOZLOWSKY, late of South Windsor, Connecticut, by the power granted under Article Third of the Codicil dated March 22, 2001, to the Last Will and Testament of Estelle P. Kozlowsky dated November 10, 1977, (hereinafter "grantor") authorizing me to sell and convey any and all real or personal property without order of Court and in consideration of the sum of ONE HUNDRED FORTY THOUSAND AND 00/100THS ($140,000.00) DOLLARS, received to my full satisfaction of J. STEWART JOHNSTON, and ANNA R. JOHNSTON, both of the Town of Manchester, County of Hartford and State of Connecticut and MARY LOU KUPCHUNOS, of the Town of South Windsor, County of Hartford and State of Connecticut (hereinafter "grantees") , (Mailing Address: 626 Porter Street, Manchester, CT 06040) do give, grant, bargain, sell and confirm unto the said J. Stewart Johnston, Anna R. Johnston and Mary Lou Kupchunos, not as tenants in common, but as joint tenants as at common law, with full rights of survivorship, and unto the survivor of them, and unto such survivor's heirs and assigns forever, all such right, title, interest, claim and demand which the said Estelle P. Kozlowsky had at the time of her death, or which I, as such Executor, have or ought to have in and to a certain tract or parcel of land located in the Town of South Windsor, County of Hartford and State of Connecticut, bounded and described as follows: All that certain piece or parcel of land together with the bui. ings thereon, located at 1025 Foster Street Extension, in the own of South Windsor, County of Hartford and State of Connecticut, and more particularly bounded and described as follows, .to wit: Said land is known and designated as Lot Nine (9) as shown on a certain map entitled "Map of Foster Estates Developed By Quality Built Homes, Inc. Foster Street South Windsor, Scale: 1" = 50' May 22, 1956 L.J. Baribault, C.E. Certified Substantially Correct L.J. Baribault," which map is on file in the Town Clerk's Office in said Town of South Windsor, reference to which is hereby made for further description. Said Lot 9 is bounded: Northerly by Lot 10, as shown on said map, two hundred (200) feet; Easterly by Foster Street, one hundred (100) feet; Southerly by Lot 8, as shown on said map, two hundred (200) feet; and Westerly by land now or formerly of Moses N. Maskel, one hundred (100) feet. Being the same premises conveyed to Michael Kozlowsky and Estelle P. Kozlowsky by Warranty Deed (Survivorship) of Allen Peter Lappala and Mary O. Lappala, dated September 21, 1967 and recorded in Volume 121 at Pages 228-229 of the South Windsor Land Records. Reference is hereby made to a Tax Certificate for The Land Records from the Estate of Michael Kozlowsky to Estelle P. Kozlowsky, dated August 12, 1977 and recorded in Volume 228 at Page 269 of the South Windsor Land Records. Reference is made to a Certificate of Notice For Land Records from the Estate of Estelle P. Kozlowsky, dated November 29, 2001 and recorded in Volume 1269 at Page 82 of the South Windsor Land Records. CONVEYANCE TAX RECEIVED iY 1 STATES W LOCALS No. TOWN CLERK OF SOU IFt:^.•lA L'•jJfl l; � F'Si,.. 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TO THE BEST OF MY KNOMLE00E N FLEE, THIIS MAP IS SUBSTANTIALLY CORRECT AS NOTED HEREON. ----- 12M ROOM P. MAR LIC. No. pow I.IRMtss onAr O Not&.oa ON 11n.1Tr REVISIONS GRAPHIC SCALE (seo) 2sa1-$�s5 A ��v. ��Y: SHEET L.OL�MTId1S As a10M/ARE BA7E3 ON MILD AVALAW %VRM I TO o�EWSTM�n UCTICI 1. 40 0 20 40 a*WInc. � JL fafifteft B ALL V1lnES ARE TO SE SM 0 IN M FlOD otessionals. Ic �Mar _. pMY AATpIICtMLO INVALID SAIR UNLESS MINOR lO 137�F7 FCC 8�✓R �M MF Bk tMK AQ:At-Fb7OF 3 TMS Ply li NwItID URl5S IT MFAR6 THE 1 4/E/02 PER CLIENTS COMMENTS OYG MW.wR�laH s[AL AND awaN�l�wA1vRE 1 inch = 40 feet civil e^9 planners surveyors 1 . GF T1rE NIGFLALOAAAL dw[pt/suRrcYOR. NO. DATE DESCOW71ON BY 185 south 9"ito rood, south windw. connsctiout 00074 SOUTH WING . CONNwiaff or WW 111) 414AW