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HomeMy WebLinkAboutVariance (783) TOWN OF SOUTH WINDSOR Application # � —� APPLICATION FOR Date ZONING BOARD OF APPEALS Receipt# 'S 75 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. S `.SON�:..::� . : :: ..: ::. :X.. ::::::::::.::::.::::.:::::. ::::::::::::::............ 1. Applicant: Estate of Richard O. ttibbe, c/o Martin D. Kibbe, Executor 2. Mailing Address: One River Road, Unionville, CT 06085 3. Telephone#: 673-0676 4. Owner of record of property in question: Same 5. Location of property in question: 11 Long Hill Road Assessor's Map # 7 Parcel# 11 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 R 8. Check one of the following: yQ Request Variance to Section 10.2 of the Zoning Regulations to allow a lot with less than the ni i = required lot area (i.e., 438 sq. ft. variances. ( ) 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 O 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? Yes 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 Dated this 12th day of Se-ptember Year 2002 APPLICANT: / Agent for Applicant 2 (Signature) OWNER: ' / Agent for owner (Signature) ACTION OF THE BOARD Granted: Denied: td Narrative Statement Variance Application Estate of Richard O. Kibbe 11 Long Hill Road South Windsor, Connecticut September 12, 2002 Variance Request to Section 10.2 to allow a lot with less area than the minimum required lot area (i.e., 438 sq. ft. variance). The subject lot was created in 1971 by an order of the probate court in the form of a certificate of devise, pursuant to the will of Henry M. Johnson, of South Windsor,who died on November 25, 1969. This certificate, recorded in the South Windsor Land Records, Vol-146, pages 91-92, described the property as containing 9/10 of an acre,with dimensions of 200 feet on the north, 200 feet along Long Hill Road, 195.70 feet along Burnham Street, and 197.71 feet on the west. The lot was essentially defined by the westerly line,which was an extension of the westerly line of the three lots to the north down to Burnham Street. This lot was recently offered for sale, and listed with Dzen Realty, until Town staff indicated they believed it had not been created as a building lot through subdivision. The owner then withdrew the listing, and engaged Design Professionals, Inc. to prepare a subdivision plan and application. During the course of preparing the A-2 survey for the subject property, Design Professionals, Inc. determined that the parcel was not 0.92 acre, i.e., 40,000 sq. ft, as required under present zoning and as noted on the assessor's map, but rather 0.90 acre, or 39,562 sq. ft-, which is deficient by 438 sq. feet, or 0.02 acre. Design Professionals,then contacted Marcia Banach,Director of Planning, who confirmed that in 1971 the zone required 40,000 square feet, and not 0.90 acre pursuant to the order of the probate court. Accordingly,this variance application was submitted, in as much as the subdivision application cannot be submitted because a subdivision application must conform to zoning dimensional requirements, unless these requirements are first varied by the Zoning Board of Appeals. The peculiar circumstances,particular hardship and exceptional difficulty of this application are apparent due to the following factors: 1). The lot was created by order of the probate court some 31 years ago;. 2). The lot is nearly 99%of the required lot size; 3). The lot is deficient by only.02 acre, or 438 square feet; 4). The assessor's maps have carried the lot as 0.92 acre,which is 40,000+square feet; 5). There is no evidence that this deficiency was deliberate or intentional in any way; 6). The lot will readily support a house, given the available public sewer and absence of wetlands(see Highland Soils letter); 7). The lot is approximately twice the size of the lot to the north,which is 0.47 acre(100'x 200'); 8). No land can be purchased from the owner to the north due to its small size(at one time zoning allowed 100'x 200'lots); 9). No land can be purchased from the owner to the west, in that it is developed as a house of worship(special.exception application); 10). There is no apparent remedy available to the owner other than seeking a variance; 11). Without a variance,this lot will not be a building lot, and its use would thus be strictly limited,which would be harmful to the application/owner; 12). These circumstances are unique to this parcel,and a variance would not set a precedent nor undermine Zoning; 13). The situation was not caused by the present owner; 14). The requested variance is reasonable, in that the lot is just shy of a full"builders acre"; 15). The lot enjoys full frontage(200 feet) and lot depth(200 ft); 16). The lot otherwise fully conforms to zoning;and 17). If the Board were to approve this variance application,it will not become a building lot until such time as a subdivision application were approved by the Planning&Zoning Commission. Thank you for your consideration of this application. I V; 000'75 CERTIFICATE OF DEVISE POR LAND RECORDS , STATE OF CONNECTICUT ) " ) PROBATE WINDSOR COURT, TOWN OF SOUTH , DISTRICT OF EAST WINDSOR) ` August 13, 1971 i 4 I, Helen A. Hilt, Clerk of the Court of Probate for the �. District of East Windsor, in said State, and keeper of the seal 1 thereof, do certify that it appears from the records and files of j this Court that HENRY M. JOHNSON died a resident of South Windsor i I: in said District on the 25th day of November, 1969, testate, leav f ing a Will which was duly admitted to probate by said Court on I. the 8th day of December, 1969; that on the 8th day of December, I 1969, letters testamentary under•the Will of said deceased were issued to Louise K. Johnson, the Executrix named in said Will j that on the 8th day of December, 1969, by decree as of record'Will! more fully appear, said Court limited and allowed three months I ' thereafter for the presentation of all claims against said de- ceased to the executrix of said estate and directed that public notice of said limitation be given as by statute required; that after the expiration of said three months said Executrix filed in Court an administration account and other returns, which have I Ibeen accepted by the Court, from which it ap pears that public notice of such limitation was given as directed In said order and that all claims against said deceased presented to said Executrix within said time limited have either been paid, settled, or barred by law, and that all legacies given by the terms of the Will of said deceased, which have not lapsed, and all succession or in- f =` heritance taxes due the State of Connecticut have been full r. Y Paid '_} •., i and satisfied. ,_sue.-f � �• � � I further certify that under Paragraph 2. of decedent's Last Will and Testament there is devised to LOUISE K. JOHNSON, wife of1 ;E- 1 the deceased, of the Tow 1 n of South Windsor, Connecticut, for an during her natural life as more t particularly described in said -7 7 E 1 1 VOL Paragraph 2. all of the rest, residue and remainder of said estate; with the remainder thereof in equal shares to H. NELSON JOHNSON i and ELVA (JOHNSON) KZBBEE, children of the deceased, both of the �i Town of South Windsor, and no trustee of said estate during the i continuance of the life estate therein having been named in said Will, and said life tenant having failed to give a probate bond as: a prerequisite of the delivery of said estate to her, and it ' `p l appearing to the Court that a bond in the penal sum of Eight Thousand ($8,000.00) dollars is required for the protection of said estate, the Court appoints RICHARD 0. KIBBE, of South Windsor, j Connecticut, trustee of said estate during the continuance of said life estate; that the real estate subject to the trust herein de- scribed passing to Richard 0. Kibbe as trustee for and during the life of Louise K. Johnson and the remainder thereafter to I:. Nelson I Johnson and Elva (Johnson) Kibbe is more particularly bounded and described as follows: i All those certain pieces or parcels of land located in the Town of South Windsor, County of Hartford and State of Connecticut s described as follows: �i FIRST PIECE: Containing Nine-tenths (9/10) of an acre, more or i r i less and being bounded and described as follows: �i NORTHERLY: By land now or formerly of John M. Burton, Two Hundred (200) feet; , ;j EASTERLY: By Long Hill Street Two Hundred (200) feet; SOUTHERLY: By Burnham Street One Hundred ninety-five and ` I Seventy One-Hundredths (195.70) feet; , S it WESTERLY: By land now or formerly of Emanuel C. Luginbuhl et al One Hundred ninety-seven and seventy-one it One Hundredths (197.71) feet. t i Being a portion of a forty (40) acre tract of land described as the j first piece in an Executrix Deed of Irene M. Hayes, Executrix of ' ' order of East Hertford Pro Estate of Frederick A. Hayes issued by bate Court April 7, 1948, which Deed is dated June 14, 1948 and '! recorded in Vol. 41, Page 490 of South Windsor Land Records and ::1 the Grantee on said Deed was Henry M. Johnson. !� d i� 4 f HIGHLAND SOILS LLc August 5, 2002 Mr. Peter DeMallie Design Professionals, Inc. 165 South Satellite Road South Windsor, CT 06074 RE: K/BBE PROPERTY PARCEL 49 LONG HILL ROAD &BURNHAM ROAD SOUTH WINDSOR, CT , Dear Peter: On July 23, 2002 I conducted a soil survey of the above-referenced property. As a result of my on-site survey I have concluded that the property does not contain regulated wetlands or water courses. The soils on the property were identified as belonging to the moderately well drained Ludlow Series. If you have any questions, or require additional information, lease call me at q � P (860) 742-5868. Very yours, John P. Ianni Professional Soil Scientist a:\181.doc P.O.Box 337, Storrs,Connecticut 06268 (860) 742-5868 I R N _✓ i •rIr j1 ► ■ N101 msI.11 i iN.n f •,,11 IMMSTATE COMMON 11 \ LEGEND \ rlr.Ire _ ��\r 41 y uHb.blf uAf 1 Na rR+.r \\ 1• jR •.. ' \\\ � ,; 1 IrRYr 1 aware. ,••�.... _ f MI Aa. .rw.ra NAbu t0,7aq, \\ 2 1 } .M'ru r/A1r11 80.3.aa 1 } • r !! \ 1,0111, t rN rlrl rM01 is r \��_ } ! rr' INt11 r.a►A 17N) Fr- r ual Gala '� la •r r »"„"r•'»'^•»-•r•..1.r»w.,r 1.181 r i! r•," e.n.a 11 ♦ II OUINN ASSOCIATE! •,I ! 30 0.1►AI. ( p ! NORINAAI,/[NNITLVANIA I !! 4,10Ar. 1 L04A., I 1 e.14 it � t jl e.iiAall �( le !! ( 11 1.00M t.00 AI. .I I.11 A.. e.i4 ►_ ( e.ii4l( ;j I.N•.. 1 .. 1 rr01 Irrrl [I Len •r, Y� o/ LUI ImosofTO." V � L.N WRNNAN rerf or tAfT ".AT/ORe !1R[[T KEY TO SHEET$ Ie I e ) e ar»nr w S TOWN 0►IOYTN WINOf OR ' • W rMn..r•.r.M.l OAT(0/I......A►aT•NAR:N 70,leee S pv1N SC4 .4 -own oic s 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074 OR.Co� TELEPHONE (860) 644-2511 September 27, 2002 CERTIFIED #70001670000189221929 Town of East Hartford Town Clerk 740 Main Street East Hartford, CT 06108 RE: Application #2556-02 - Estate of Richard O. Kibbe, c/o Martin D. Kibbe, 11 Long Hill Road RR zone Dear Sir/Madam: Enclosed please find a copy of a legal notice for a public hearing to be held on October 3, 2002. Application # 2556-02 is requesting for 438 sq. ft. variance to section 10.2 to allow a lot with 39,562 sq. ft. (40,000 sq. ft. required) at 11 Long Hill Road, RR zone. Very truly yours, Robert Warren, Chairperson Zoning Board of Appeals RW:dr <�w N aft -0-wn a'les-otdA 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074 soa.co � TELEPHONE (860) 644-2511 October 4, 2002 CERTIFIED # 70020510000081152208 Design Professionals, Inc. Attn: Peter DeMallie 165 South Satellite Road South Windsor, CT 06074 Re: Appl. #2556-02 —Estate of Richard O. Kibbe, c/o Martin D. Kibbe, 11 Long Hill Road, RR zone Dear Mr. DeMallie: At the meeting of the South Windsor Zoning Board of Appeals held on October 3, 2002, the Board approved with conditions your request for a 438 sq. ft. variance to section 10.2 to allow a lot with 39,562 sq. ft. (40,000 sq. ft. required) at 11 Long Hill Road, RR zone. The Board concluded the hardship to be as follows: l. This situation is beyond the control of the present property owner. 2. The odd shape of the lot creates difficulty to construct a building without acquiring more property or having a variance granted. The Board placed the following conditions on this application: 1. Approval is subject to subdivision approval by the Planning and Zoning Commission. 2. A vegetative buffer to remain on the north side of the property. Any new building, or alteration/additions to existing buildings, requires a building permit prior to start of construction. Estate of Richard O. Kibbe c/o Martin D. Kibbe October 4, 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, Robert Warren, Chairman Zoning Board of Appeals RW:dr cc: Building Department Martin D. Kibbe I, Robert Warren, Chairman of the South Windsor Zoning Board of Appeals hereby certify that on October 3, 2002 the Zoning Board of Appeals granted to: Estate of Richard 0. Kibbe, c/o Martin D. Kibbe, a 438 sq. ft. variance to section 10.2 to allow a lot with 39,562 sq. ft., RR zone. Conditions: 1) Approval is subject to subdivision approval by the Planning&Zoning Commission. 2) A vegetative buffer to remain on the north side of the property. on premises located: 11 Long Hill Road and more particularly bounded and described as follows: �i FIRST PIECE: Containing Nine-tenths (9110) of an acre, more or less and being bounded and described as follows: ;t NORTHERLY: By land now or formerly of John M. Burton, Two Hundred (200) feet; EASTERLY: By Long Hill Street Two Hundred (200) feet; ' SOUTHERLY: By Burnham Street One Hundred ninety-five and j Seventy One-Hundredths (195.70) feet; � WESTERLY: By land now or formerly of Emanuel C. Luginbuhl et al One Hundred ninety-seven and seventy-one One Hundredths (197.71) feet. •1 i Beingof a fort `a portion y (40) acre tract of land described as the first piece in an Executrix Deed of Irene M. Hayes, Executrix of ' Estate of Frederick A. Hayes issued by order of East Hartford Pro! bate Court April 7, 1948, which Deed is dated June 14, 1948 and '! recorded in Vol. 41, Page 490 of South Windsor Land Records and jthe Grantee on said Deed was Henry M. Johnson. OWNER OF RECORD: Estate of Richard 0. Kibbe, c/o Martin D. Kibbe Executor Dated at South Windsor, Connecticut this 4th day of October, 2002. Robert Warren, Chairman PUBLIC ACT #75-317 Received for Record this day of 2002 at VOLUME PAGE TOWN CLERK OCT-03-02 THU 10 :08 AM MARPET PRESS 8608755205 P. 01 MarPet I?ress 216 Hartford Turnpike — Vernon, CT 06066 Tel: (860) 871-1421 • Fax: (860) 875-5205 Fax rl.'ransmlttal Cover Sheet Date-. Am- 1'izzxc of Trans.: .',�6' Tel: ( } _ �4 J Fax: . '. "Company:(Name) .A.ddress•Attention, } ' Number of Pages including cover sheet: �-- To verily receipt or transmission problems, call (860) 871-1421. r COVER NOTATION: �� �_ J -- Page ] of f m -, Subs: Long Hill Road :Date: 'tt3 32002 8:4627 AW Eastern Daylight Time :From: yarikee5_0—jur^Fo.corr, To: ma,foetpress2 aol.c€m :send-fray»the Internet Q tails ...............................--._.._........_._.......... ... .... .... .... _.... ...... .... ..._..:- - _ .... . Dear Ms.Anthony, N W-03-02 to N 1 am writing to encourage you to approve the building lot on the a rwrdreasf corner of Long Hill Rd and Burnham St. in South Wirdsor. 1 am OD wdti rag as a family member ofthe es-Ate of Richard Kibbe and also as a resicent of 10 Long Hi[I Rd which is across the street from the lot. As a fami!j member,I and my husband Jim wo old like to see the IDt aaproved so we may continue in the settlement of my fathers estate. As a resident,i would like to see the lot sold se that someone could build a home. We do not oppose anyone build`ng on the.9 acre lot and welcome a new neighbor. It would be a hardship on the family in settling the estate by not being able to sell the lot minus the 438 sq ft. There is no[and to buy?o make the lot` acre and years ago wher my grandxather,Henry N. Johnson so[d off the land east of the lot,the future of the:ot as a w bulking site wasn't a concern_ We hope you will approvethe lot as:t stands and take into consideration our commelts. w a a Sincerely, Holly K(Kibbe)Richardson yankees3•_juno.corn a ...Richardson... SAY NO TO AOL PRICES! Junc offers'FREE or PREMIUM I riternet access for less! D Jain Junotodayl For your FREE software visit: � trttr�:ll�il.w�,nnr.��cna,oc�mlg+sVtaaaf. rr m rn i a - T,�urscay,October 03,2002 America Online: ilrlarpetpms2 NOTES. a I.ALL MONUMENTATION FOUND OR SET IS DEPICTED HEREON. — �O 2. PROPERTY IS IN RR ZONE 3. AREA OF PROPERTY-39,562 S.F. �O 0.90 AC. N/F �I 4.PROPERTY IS IN FLOOD ZONE X -*AREAS DETERMINED TO BE OUTSIDE 500 YEAR FLOOOPLAIN AS PER 1-* TODD Ac KATHLEEN FARAGOSA _ FIRM COMMUNITY PANEL NUMBER 090036 00100. MAP REVISED FEBRUARY 23. 2001. 100 5.HORIZONTAL DATUM -NAD'83 O VERTICAL DATUM -NAD '83 N 6. E IS MOONED. N THERE 7. THERE ARE NO REGULATED WETLANDS ON THE PROPERTY PER HLiFiAND SOILS'FIELD DETERMINATION ON 7/23/02. /2"I.P. j1.5'NOR MAP �� EX. FENCE 0.5'EAST 1.MAP OF MARRY HILL-LONG HILL ROAD. SOUTH WINDSOR SCALE 1'-40. SEPTEMBER 1974. WILLIAM J. CARRIIGTON. I � 2.PROPERTY OF HENRY M. JOHNSON, ETAL TO BE CONVEYED TO FRANK BURTON SOUTH WINDSM CONN. _ �. ..�'�- 2Qp•00 LAWN AREA/- — _ - - - _ - - - SCALE 1"-30', APR. 1956 BY CECIL W. BROOKS - - - - — - - - - - - - - - �3.PLOT PLAN FOR PETER MACDONALD. SOUTH WINDSOR,CONK. SCALE 1--40, JAN.5. 1991 CECIL W. BROOKS I.P. 5.8 ST 4. PROPERTY OF HENRY JOHNSON ET AL, SOUTH WINDSOR. CONK SCALE 1'-40' APRIL 77. 19S9 CECIL W. I ' \ I BROOKS 1 \ OF STREE / t / / I I I t I 1 O SOUTH VANDSOR CONNECTICUT CONGREGATION I / 3 OF JEHOVAH'S WITNESSES. INC. I_ " 1 sC4 N / I / I } to to I N U/ /1 O I N t /5p' F.Y. / / J T-��' �TOWN OF SOUTH WNDSOR c EXIST. DRIVE " 1 I / I _ \ 1 1 199. 4' (1 5. 0 DEED) — — �— I TVNO OF EAST HARIFORD --- \ 1T.L. MON. 3 \ \ S -14 1 ! 1 SAN.LATERAL I 1\EL 1 THIS SURVEY AND MAP HAS BEEN PREPARED IN ACCORDANCE WITH SECTIONS 20-300b-1 THRU 20-300b-20 OF THE 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 SURVEY CONFORMS TO HORIZONTAL ACCURACY CLASS A-2. TO THE BEST OF MY KNOWLEDGE AND BELIEF, THIS MAP IS SUBSTANTIALLY CORRECT AS NOTED HEREON. 12882 RICHAR0r`P-4AAR7A_- UC.No. 1.UNLESS AS SHOWN NOTED.EXISTING UTILITY REVISIONS GRAPHIC SCALE 0 (860) 291-8755 PLAN PREPARED FOR p SHEET LOCATIONS AS SHOWN ARE BASED IN 40 1) eSlgn � / r/L5N�I1I%ILI�I(V�11�Q AVAILABLE INFORMATION.ARE TO ALL EXISTING THE FIE Nofessionals, .'state of Richard 0. Mhhe L ocA tl YYJYV 111'AII'111T"ES SHOULD BE nELDVERIFIED PRIOR TO CONS,RUCTIDN. Inc. 2.ALL U71Ul1ES ME TO BE STAKED IN THE FIELD BV A LICENSED LAND SURVEYOR PRIOR TO OF CONSIS PLAN N. 11 Long HM Road ANN BY.- AYH/AWA "ND.: 1616 I THIS PLAN IS INVALID UNLESS IT BEARS THE Civil en p y IMPRESSION SEAL AND ORIGINAL SIGNATURE 1 inch = 40 feet engineers planners surveyors OF THE PROFESSIONAL ENGINEER/SURVE DR. NO. DATE DESCRIPTION BY 165 south satellite rood, south windsor, Connecticut 06074 SOUTH WINDSOR, CONNECTICUT ED 0r RoA1 DA7E. -%or 13,?002