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Home My WebLink AboutVariance (777) IVWN UFSUUTH WINDSOR Application # APPLICATION FOR Date ZONING BOARD OFAPPEALS Receipt# 1-3 7 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. 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: Kerin & Kerin, LLC 2. Mailing Address: P_n. Box 3 p 1 o West Hartford, CT 06133-0910 3. Telephone 4. Owner of record of property in question: Same 5. Location of property in question: 1530 S131 l;gran Ave Assessor's Map # 64 Parcel# 23 Zone RO 6. Is applicant a corporation or co-partnership? (If Corporation, submit a list of officers. If co-partnership, submit a list of owners). Corporation. Members: Mark E. & Matthew Kerin 7. Please indicate if the applicant is owner, lessee, or prospective tenant:�Pr acc v�r::tl ....t iul.tL4 t1N'kU �lIAT1Ul� n 4conriued� 8. Check one of the following: (X) Request Variance to Section of the Zoning Regulations to allow (Sep Attachet9-) ( ) 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. 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 C _..................::::..:: .............1Y .TLURES........::::..:..............:::.::::::.............:::::::.::.::.................::.::.::.:.::::..............:.:_::::::::.:...................... Dated this 16-th of May Year 2002 r APPLICANT: (Signature) OWNER: (Signature) ACTION OF THE BOARD Granted: Denied: DESIGN PROFESSIONALS, INC. civil engineers . planners . surveyors . gis . gps Narrative Statement ZBA Application Kerin& Kerin, LLC 1530 Sullivan Avenue South Windsor, Connecticut May 16, 2002 The specific variance requests are as follows: q. Section 13.3 to allow parking spaces smaller than required; 2). Section 10.4.1 to allow a reduced buffer width(0 feet versus 25 feet required or a 25 feet variance) 3). Section 10.2 to allow an impervious coverage of 74%(50% required); 4). Section 10.2 to allow a front yard setback of 23 feet(27 feet variance); and -5).,. Section 5.3.4.4 to allow off-street parking at 4.5 spaces per 1,000 square feet rather than 1 space per 150 square feet. The peculiar circumstances or specific hardships that support this application are as follows: 1). The site at 1530 Sullivan Avenue is undersized(L 17f acres versus 2 acres required). 2). The property was the subject of a Connecticut Department of Transportation taking for highway improvements, which further reduced the property by 2,548 square feet along Sullivan Avenue. 3). The existing site was developed as a post office and therefore,was exempt from all zoning regulations. 4). The building cannot be moved. 5). The parking lot, access driveways, retaining walls, and other man-made features of this site cannot be reasonably relocated. 6). Section 5.3.4.4 requires parking at a rate of 1 space per 150 square feet of building area, which conflicts with the requirements of Section 13.4, which allows office space parking at the rate of 4.5 spaces per 1,000 square feet. Obviously, the intent of the Planning&Zoning Commission was to have a town-wide standard for office parking, and the RO zone parking standard was overlooked at the time of the zoning changes. This is an identical request to that granted to Wallace&Tustin for the property two lots north of the subject parcel. 7). The property cannot be reasonably used if these variances are not granted. 8). The property is completely surrounded by the residential zone, including across the street. 9). Imposition of a 50-feet buffer would, in effect, be a taking of the property. 10). At this time,the applicants are proposing to refurbish the interior of the building for office use, which is more conforming to the restricted office zone than the prior post office use. The RO zone was expressly developed for the purpose of promoting office uses. 11). On May 7, 1991, a date which is well after the site was developed as a post office use,the Planning&Zoning Commission voted to change the zoning of the subject property from RR to RO. Obviously, it was the intent of the Planning&Zoning Commission to foster eventual development of this property as an office use. 12). The subject property cannot be used for office purposes without granting of the subject variances. 13). Even a municipal use of this property would likely require these variances. 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 14). The only residence on the east side of Route 194 in this vicinity is the N/F Jodice property to the north. 15). The residential properties across Sullivan Avenue from the subject property are separated from the subject property by four lanes of traffic; a buffer,therefore, is unrealistic. 16). The proposed office use is far less intensive a use than a busy post office facility. 17). An office use will not generate anywhere near the truck traffic generated by a post office 'facility. 18). There is no point in screening this building from public view, as is the case with other office buildings in South Windsor. The applicant appreciates your consideration of this request. Thank you. 165 South Satellite Road, South Windsor, Connecticut 06074 Tel: (860) 291-8755 • Fax: (860) 291-8757 t Vat. 112$PAGE 149 South Windsor STATUTORY FORM 473QUITCLAIM DEED 7: 11IN of 40 Terry Road,Hartford,Connecticut and MATTHEW A. fa v . S1011, ., I►rive,West Hartford,Connecticut for no consideration paid,grant to i r KERIN�'I (',u Connecticut limited liability company with an address at 131 Day KERIN 0% I�I.ItIN.l.l• i �} 11 I ,,,uocclicut with QUITCLAIM COVENANTS,all that certain piece or Street.N 8.11W,led in the Town of South Windsor,County of Hartford,and State of I ul .A s ppa t}11111 ,�mt 111 11L,wore p orc articularly bounded and described on Schedule A attached hereto. day of December,1999. IL� Mark E.Kerin till Akio Matthew A.Kerin Nam �7rt ►` 1 ��s �; ((./�� • rein�/n.i//a Nmw . M Aa. $TAT[!N I U►It ll' rnCUT: ss:A`yu//,?1C t�� December 1999 r, COUN'11't11 I JAI'IfURD yr.: lly a11, cared Mark E.Kerin,signer of the foregoing in ent who pptMdu, s` ackrowlwly&d I to be his free act and deed, rc me.. / CONVVAKt IAM HI CCIVED ��Ir�(,/►L• Na }C Notary Public L t;4A My Commissi&S -Expires: f/��40a V �/IN V�YW6OR 5*y^ s.. i } i ± . Yet. 112 8 PACE edule A certain piece or pared of land,together with any buildings thereon,situated in the Town of South Windsor,County of Hartford and State of Connecticut,on the east side of Sullivan Avenue,also(mown as Coin.Route No. 194,and more particularly bounded and described as follows: :. Beginning at a merestone in the east line of said Sullivan Avenue,also(mown as Conn.Route No. a` 194,at the southwest comer of land now or formerly of Gaetano F.lodice et ux and muting thence E 212.15 feet to an iron pin;continuing thence East in the same line continued 37.85 feet to a point;running thence South by an interior angle of 90 degrees 140.0 feet to a point;running thence West by an interior angle of 106 degrees 01'30"57.50 feet to a point;running thernce southwest by an interior angle of 243 degrees 02'00"65.00 feet to a point:running thence West by an interior angle of 116 degrees 14'00"26.00 feet to a point;naming thence South by an interior angle of 270 degrees 00'00"85.00 feet to a point,nrrining thence West by an interior angle of 90 degrees 92.00 feet to a point in the east line of said Sullivan Avenue(also(mown as Conn.Route No. 194);running thence North by an interior angle of 90 degrees along the east line of said Sullivan Avenue 274.50 feet to a Connecticut Highway Department monument;continuing thence North along the east line of said Sullivan Avenue 70.50 feet to the merestone at the point of beginning and being bounded: NORTH by land now or formerly of said Gaetano F.lodice et ux and land now or formerly of the Town of South Windsor, in par by each,in all 250.00 feet; ' EAST, SOUTH, _ SOUTHEAST, SOUTH again, EAST again and SOUTH again by land now or formerly of the Town of South Windsor WEST by Sullivan Avenue,also known as Conn.Route No. 194, S� 345.00 feet STATE OF CONNECTICUT: iDecemberl? ,1999 COUNTY OF HARTFORD : U Personally appeared Matthew A.Kerin,signer of the foregoing instm ent who acknowledged the same to be his free act and deed,be me. Commissioner of the Superior Court _ Notary Public X. _ RECSIM11 R AT My Commission Expires: _''£; � NSO�tlfINODSOR LAND RECORDSva11a0 N SY TCPVN CLERK Y May 16,2002 Peter DeMallie Desip Prahsdowla lac. 165 South Satellitr Rout Sauzb.Wind=,CT 06074 Re: 1$30 3ullivaa Aveme.Soutb Windw;CT Dear Mr.Demallis: . Kerin tit KOM LLC.a CmneWcm&tided liability=UWMY is the Owner of the sbova reSamced property. This lwrr will cmEmn that Keain&Keaa.LLC bas agreed to retain: Desip Professionals.Inc.IN tha pumpoae of Wieng aemssmy vaswoes from the South VT mdsor zoning Board of Appeals.requ=ag.You agree that the Vanow Mpljcadon will be Wed by MAY 16,2002,so that the variaaee Mpli ation can be beard at the June 67 2002 meeting of the Zoning Board of Appeals. This jean will flatboat sme to sntho=Design PMfeMrooMk.Lm to eocMntz nay and all mcessary laced use agrlicatww ad variance applications on bchWof Ketm tit RArin.LLC. For your information.The membcn of Ruin&Karin.P 0 Ho�k09,.0 W�Ord• +w►Kain,with a msng address tla Tlae min Agency. CT 06133-0910(tcjqgwwm=bcr(IW)953-6881). Sincerely. Mark B.Kenn TOTAL. P.e2 TOTAL P.02 ��f.. � �i��♦ . �,��►.� ��``..� .gyp ' .. �,,�y�� :Y - VOI. 1 1 2 R PACE 149 South Windsor STATUTORY FORM 473 r QUITCLAIM DEED MARK E.KERIN of 40 Terry Road,Hartford,Connecticut and MATTHEW A. KERIN of 25 Hollister Drive.West Hartford,Connecticut for no consideration paid,grant to i KERIN&KERIN,LLC,a Connecticut limited liability company with an address at 131 Day Street.Newington.Connecticut with QUITCLAIM COVENANTS,all that certain piece or i parcel of real estate situated in the Town of South Windsor,County of Hartford,and State of f Connecticut,and being more particularly bounded and described on Schedule A attached hereto. i Signed this i�ti`day of December,1999. Witnessed By: Mark E.Kerin ja t75-, ;7� I f t oil I f 1 l Nam it<� y 1��h Matthew A.Kerin _ h Name K STATE OF CONNECTICUT: f :ss: 14?X 67r December, 1999 COUNTY OF HARTFORD Personally appeared Mark E.Kerin,signer of the foregoing instru ent who acknowledged the same to be his free act and deed, re me.. . CONVEYANCE TAX RECEIVED STATES LOCAL$ No, � C Notary Public My Commissiuifcpires: g'' /id(� J TOWN CIJMOiSOMWWOSOA -rr . n t f C Tit 1OwN at, O � -OW-n 071- ?dj • �� 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074 SOR-co TELEPHONE (860) 644-2511 July 22, 2002 CERTIFIED # 70020510000081152246 Design Professionals, Inc. Attn: Peter DeMallie 165 South Satellite Road South Windsor, CT 06074 Re: Appl. #2548-02—Kerin & Kerin LLC, 1530 Sullivan Avenue, RO zone Dear Mr. DeMallie: At the meeting of the South Windsor Zoning Board of Appeals held on July 11, 2002, the Board approved with conditions your request for a four variances: 1)to section 13.3 to allow parking spaces 9' x 18' in size; 2) to section 10.2 to allow impervious coverage of 74% (50% allowed); 3) a 27' variance to section 10.2 to allow a structure 23' from the front property line (50' required); and 4) to section 5.3.4.4 to allow off-street parking at 4.5 spaces per 1,000 square feet rather than 1 space per 150 square feet at 1530 Sullivan Avenue, RO zone. The hardship is the existing site conditions. These are required for re-use of the site. The Board placed the following condition on these variances: Approval is conditioned on site plan approval by the Planning&Zoning Commission. The Board also approved with conditions your request for a variance to section 10.4.1 to allow 0' buffer width at 1530 Sullivan Avenue, RO zone. The hardship is the existing site conditions. The Board placed the following conditions on this variance: 1. Approval is based on map presented by Design Professionals, Inc., dated 5/13/02. 2. Additional screening should be planted on the northerly side of the property and shown on the landscape plan. 3. Approval is conditioned on site plan approval by the Planning &Zoning Commission. Any new building, or alteration/additions to existing buildings, requires a building permit prior to start of construction. Kerin &Kerin, LLC July 22, 2002 Page 2 These actions are effective upon your filing the enclosed form in the Town Clerk's Office at your own expense. Very truly yours, Marjorie Anthony, Vice Chairperso Zoning Board of Appeals RW:dr cc: Building Department I, Marjorie Anthony, Vice Chairman of the South Windsor Zoning Board of Appeals hereby certify that on July 11, 2002 the Zoning Board of Appeals granted to: Kerin&Kerin LLC, five variances: 1) to section 13.3 to allow parking spaces 9' x 18' in size; 2) to section 10.2 to allow impervious coverage of 74% (50% allowed); 3) a 27' variance to section 10.2 to allow a structure 23' from the front property line (50' required); and 4) to section 5.3.4.4 to allow off-street parking at 4.5 spaces per 1,000 square feet rather than 1 space per 150 square feet. Condition: Approval is conditioned on site plan approval by the Planning& Zoning Commission. The Board also approved your request for a variance to section 10.4.1 to allow 0' buffer width. Conditions: Approval is based on map presented by Design Professionals,Inc. dated 5/13/02; Additional screening should be planted on the northerly side of the property and shown on the landscape plan; and Approval is conditioned on site plan approval by the Planning& Zoning Commission, RO zone. on premises located: 1530 Sullivan Avenue and more particularly bounded and described as follows: SEE ATTACHED OWNER OF RECORD: Kerin &Kerin, LLC Dated at South Windsor, Connecticut this 22nd day of July, 2002. Marjorie Anthony, Chairperson PUBLIC ACT#75-317 Received for Record this day of 2002 at VOLUME PAGE TOWN CLERK Vol. 112 8 PAzE 150 t Schedule A certain piece or parcel of land,together with buildings South Windsor C � �efe0"•situated in the Town of County of Hanford and State of Connecticut,on the an side of Sullivan Avenue, =. also(mown as Conn.Rase No.194,and more particularly bounded and described as follows: ftm i%at a merestaw in the east fine of said Sullivan Avenue,- also imovm as Cam.Route No, 194,at the southwest confer of land now or fomied of Gaetano F.lodix et ux and running thence E 212.15 tea to an iron pin;continuing thence Fast in the same line continued 37.85 fed to a paint;running thence South by an interior angle of 90 degrees 140.0 fee to a point;cunning thence t Wet by an interior angle of 106 degrees 01'30'57.50 fat to a point;naming thence southwest etc by an interior angle of 243 deg=02'00"65.00 feet to a point;naming thecae West by an interior angle of 116 degrees 14'00'26.00 fat to a point;naming thence South by an interior angle of 270 degas 00'00'85.00 fed to a point;nauning thence West by an interior angle of 90 degrea 92.00 feet to a point in the east line of said Sullivan Avenue(also(mown as Cam.Route No.194);running thence North by an interior angle of 90 degas along the east line of said Sullivan Avenue 274.50 feet to a Connecticut Highway Department monument;caainuing thence North along the east line of said Sullivan Avenue 70.50 fat to the merestone at the point of beginning and being bounded: NORTH by land now or formerly of said Gaetano F.Jodice at ux and land now or formerly of the Town of South Windsor, in part by each,in all 250.00 fee; t EAST „f SOUTH, SOUTHEAST, SOUTH again, EAST again and SOUTH by land now or fomnerly of the Town of South Windsor L WEST Sullivan A by vemne,also mown as Cam.Route No.194, i, 345.00 fat i r STATE OF CONNECTICUT: / J • C� December 19 .1999 COUNTY OF HARTFORD : t � — I Personally appeared Matthew A.Kerin,signer of the foregoing ins rnt who"""' acknowledged the same to be his free act and deed, me. 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