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.
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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
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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
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-,
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...
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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
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to
I N U/ /1 O I N
t /5p' F.Y.
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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