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HomeMy WebLinkAboutVariance (816) TO KW OF SOUTH WINDSOR Application # - L APPLICATION FOR Date Q ZONING BOARD OF APPEALS Receipt 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. SECTION I—GENERAL INFORMATION 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, 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. SECTION H-REQUIRED INF6101ATION 1. Applicant: JMJ Construction Company, Inc. 2. Mailing Address: 658 Ellington Road, South Windsor, CT 06074• 3. Telephone#: 860-282-0628 4. Owner of record of property in question: JMJ Construction Company, Inc. 5. Location of property in question: 17 Red Rock Lane(Lot#15, Section 7, Deming Hill Estates) Assessor's Map #28 Parcel # 18 Zone AA-30 6. Is applicant a corporation or co-partnership? (If corporation, submit a list of officers. If co-partnership, submit a list of owners). Jean Marc Jacques, President& Treasurer,Muriel Jacques, VP & Secretary SECTION H—RE UIRED INFORMATION continued 7. Please indicate if the applicant is owner, lessee, or prospective tenant: owner R ChPrlr nnP of the fni1mvino, (X)Request'Variance to Section 10.2 of the Zoning Regulations to allow a front yard of 49 feet(i.e., one foot 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 to Section 3.12, are there any liquor outlets within the restricted area, (500 feet)? 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?NO 12. Is this property within the Connecticut Water Aquifer area? No. 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. See attached. SECTION Ili—DATES AND SIGNATURES I hereby declare that the data& information contained herein is accurate to the best of my knowledge. Dated this 16th day of eptem� Year 2 7,,. Applicant: Cam` Cyr gnat ) OWNER: U (Signature) SECTION IVACTION OF THE BOARD Approv Denied: { Narrative Statement Variance Application JMJ Construction Company, Inc. 17 Red Rock Lane, Lot 915 Deming Hill Estates September 16, 2004 DPI Proj. No. 90-514-(7)15 On March 12, 2002 the Planning &Zoning Commission approved a seventeen-lot subdivision known as Deming Hill Estates Section 7,which is also known as Pond Estates at Red Rock. Section 7 is a AA-30 conventional subdivision, and constitutes the seventh and final phase of the Deming Hill Estates project, with approximately 115 building lots. The six prior sections were developed as a AA-30 open space subdivision, which allows reduced lot sizes. In late August JMJ Construction Company, Inc. requested that Design Professionals, Inc. (DPI)perform an as-built survey of the subject property, in anticipation of the house closing. At that time Design Professionals, Inc.'s land surveyors discovered that a very small portion of the residence slightly encroached on the 50 feet front yard setback (i.e., 9/10`h of a foot). This encroachment was inadvertent. Mr. Richard P. Martel, P.E., L.S., of DPI,then brought the matter to the attention of the Town Staff. This was followed by a Town inspection, at which time it was determined that this encroachment, albeit minor, did not constitute an architectural function and thus required a variance application. Town Staff have also advised us that the Town Attorney has previously ruled that the Zoning Board of Appeals can issue a variance in matters such as this, insofar as it constitutes a hardship. After all, a significant factor is that the degree of violation is minimal, and the violation is inadvertent. We understand the Town will be issuing a temporary certificate-of-occupancy, and that the closing may take place as early as today. The specific variance request is: to allow a 49 feet front yard at 17 Red Rock Lane (a one foot variance/50 feet normally required as per Section 10.2). The hardships and particular circumstances that support this variance application are: s 1. The degree of encroachment is minimal (less than one foot). 2. Town Staff have advised us that the Town Attorney has previously ruled that an inadvertent encroachment into the front yard could constitute a hardship. 3. The Town of South Windsor is issuing a temporary certificate-of-occupancy, given the Town Attorney's prior opinion. 4. The encroachment is so minor that it will not be discernible to the public. 5. Given that the encroachment area constitutes a wall section behind which there is living space, the building cannot be modified to conform to the setback. 6. Granting of this variance will not undermine zoning. We thank you for your consideration of this variance request. �Cr-10-�eKJ4 1U•Gam. rULL 1"4 61 l,Ul'ILC I V.-Cl JGJ JVJJ i .C/c WARRANTY DEED KNOW YE THAT CLARK REALTY, INC., a Connecticut Corporation having its,principal office in the Town of South Windsor, County of Hartford and State of Connecticut, (hereinafter referred to as"Grantor") For the consideration of ONE OR MORE DOLLARS ($1.00), received to its full satisfaction of RAM GOPAL AND MARY-CATHERINE GOPAL, Both of the Town of Manchester, County of Hartford and State of Connecticut(hereinafter referred to as "Grantee")does give, grant, bargain, sell and confirm unto the said Grantees as JOINT TENANTS WITH RIGHTS OF SURVIVORSHIP and with WARRANTY COVENANTS, the following described real property. All that certain piece or parcel of land with buildings and improvements thereon, situated on the easterly side of Red Rock Lane in the Town of South Windsor, County of Hartford and State of Connecticut, known as Lot No. 15 on a map or plan entitled: "PROPERTY SURVEY/RESURVEY PREPARED FOR: POND ESTATES AT RED ROCK RE-SUBDIVISION LOTS 6-9 DEMING HILL ESTATES SECTION 7 DEMING & SLATER STREETS SOUTH WINDSOR CONNECTICUT design professionals, inc. Civil Engineers . Planners . Surveyors . GIS 1 inch = 40 ft. DATE: January 24, 2002 SHEET 3A110" Revised to 4-11-02, which map or plan is on file at the office of the South Windsor Town Clerk. Together with the right to use the roadways shown on the above described subdivision map in common with the use of others for the purpose of ingress and egress until such time as said roadways are accepted by the Town of South Windsor as public roads. And that said premises are free and clear of all recorded and properly indexed encumbrances except: 1. Any and all provisions of any ordinances, municipal regulations or public or private law and any and all other facts that an accurate survey or physical review of the premises would disclose;provided they do not interfere with the present location of any building now located on the property or prevent the use of the property as a residence. 2. Taxes due the Town of South Windsor on the List of October 1,2003,and subsequent years and assessments not yet due and payable. 3. Caveat against The Parkway Corporation and in favor of Sewer Commission of the Town of South Windsor dated and recorded April 28, 1971 in Volume 136 at Page 262 of the South Windsor Land Records. 4. Electric Distribution Easement in favor of The Connecticut Light and Power Company dated July 9,2002 and recorded July 10, 2002 in Volume 1333, at Page 276 of the South Windsor Land Records. 5. 20'Street Tree Easement in favor of the Town of South Windsor as shown on the i above-referenced map and as set forth in Street Tree Easement dated August 16,2002 and recorded August 30, 2002 in Volume 1348 at Page 318 of the South Windsor Land Records. 5t'-1b-dM4 110 i c'G rULLI'IHN & l-UI'ILt T 00V -hc.� 7r»> r.ei..a 6. - Notes and building lines as shown on the map described above including regulations of the Town of South Windsor Inland Wetlands Agency as set forth in Note#4 on the above-referenced map.. 7. Said premises will be subject to Sewer User Charges payable to the Town of South Windsor. IN WITNESS WHEREOF, CLARK REALTY, INC. has hereunto set its hand and seal this day of September, 2004. Signed, Sealed and Delivered CLARK REALTY, INC. in the presence of: By Jeanne Huppe, Agent Duly Authorized STATE OF CONNECTICUT j ss: September_, 2004 COUNTY OF HARTFORD j Personally Appeared, JEANNE HUPPE,Duly Authorized Agent of CLARK REALTY, INC., Signer of the foregoing instrument, and acknowledged the same to be her free act and deed and the free act and deed of the said Corporation, before me. John J. Kindl Commissioner of Superior Court Grantees'Mailing Address: 17 Red Rock Lane South Windsor, CT 06074 HTFD160371.1 09MV11460710 TOTAL P.03 i . Q Z O F� 3 4c7 U� 13 SR�gp cn �,o m m z m Town of South Windsor General Map N ROAD NAMES Connecticut s 17 Red Rock Lane CONDOS Date Printed: September 28,2004 PARCELS 0 700 Feet 0 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. 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 and selected data,and the map is subject to change as more accurate surveys may disclose. Property boundaries mapped as of June 4,2001. Clark Realty, INC 658 Ellington Rd CER�MA- So. Windsor, CT 06074 RE: Application with ZBA(See Attached Letter) Mr. &Mrs. 23 Red Rock Lane So. Windsor, CT 06074 Dear Mr. &Mrs. Re: Deming Estates Lot#15 Red Rock Lane Clark Realty,INC Application with ZBA(See attached Letter) In accordance with Rules and Regulations of the Zoning Board of Appeals, you are hereby notified that an application has been filed on the property abutting yours at(17 Red Rock Lane) and is subject to a hearing by the Zoning Board of Appeals. The application and plans are on file with the South Windsor planning Department. All members of the public are invited to the hearing to ask questions and/or give comments. You may also submit written comments regarding the application prior to the hearing if you so desire. For further information regarding the specific date this application will be heard please contact the Planning Department, 644-2511, ext.253. Sincerely, JEANNE HUPPE,AGENT 658 Ellington Road South Windsor, CT, 06074-0472 (860)648-0293 r �pW N SC4 O r k F y � 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074 sox•CO TELEPHONE(860) 644-2511 October 12, 2004 CERTIFIED # 70020460000197443777 JMJ Construction Company, Inc. 658 Ellington Road South Windsor, CT 06074 Re: Appl. #2630-04—JMJ Construction Company, Inc., 17 Red Rock Lane (Deming Hill Estates), AA-30 zone To Whom It May Concern: At the meeting of the South Windsor Zoning Board of Appeals held on October 7, 2004, the Board approved appl. #2630-04 — JMJ Construction Company, Inc., 658 Ellington Road, request for a 1' variance to section 10.2 to allow an existing house 49' from the front property line (50' required) at 17 Red Rock Lane, (Deming Hill Estates), AA-30 zone. The Board concluded the hardship on the property to be an inadvertent human error with no intention to defraud or violate any of the existing or Iprevious zoning requirements. 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, tephen Wagner, Cha rperson Zoning Board of Appeals SW:dr cc: Building Department Design Professionals, Inc. Mr. & Mrs. Gopal I, Stephen Wagner, Chairman of the South Windsor Zoning Board of Appeals hereby certify that on October 7, 2004 the Zoning Board of Appeals granted to: JMJ Construction Company, Inc., 658 Ellington Road, a 1' variance to section 10.2 to allow an existing house 49' from the front property line (50' required), (Deming Hill Estates), AA-30 zone. on premises located: 17 Red Rock Lane and more particularly bounded and described as follows: All that certain piece or parcel of land with buildings and improvements thereon;situated on the easterly side of Red Rock Lane in the Town of South Windsor, County of Hartford and State of Connecticut, known as Lot No. 15 -on a map or plan entitled: "PROPERTY SURVEY/RESURVEY PREPARED FOR: POND ESTATES AT RED ROCK RE-SUBDIVISION LOTS 6-9 DEMING HILL ESTATES SECTION 7 DEMING & SLATER STREETS SOUTH WINDSOR CONNECTICUT design professionals, inc. Civil Engineers . Planners . Surveyors . GIS 1 inch =40 ft. DATE: January 24, 2002 SHEET 3A110" Revised to 4-11-02, which map or plan is on file at the office of the South Windsor Town Clerk. Together with the right to use the roadways shown on the above described subdivision map in common with the use of others for the-purpose of ingress and egress until such time as said roadways are accepted by the Town of South Windsor as public roads. OWNER OF RECORD: Clark Realty, Inc. Dated at South Windsor, Connecticut this 12th day of October, 2004. Stephen Wagner, Ch irperson PUBLIC ACT#75-317 Received for Record this day of 2004 at VOLUME PAGE TOWN CLERK NOTES: LEGEND 1. THIS MAP IS DEPENDENT ON THE MAP REFERENCED HEREON. 0 IRON PIN TO BE SET 2. PARCEL ZONED RESIDENTIAL AA-30. — 3oo— — EXISTING CONTOUR x 287.3 EXISTING SPOT GRADE 3. UTILITY LOCATIONS AND INVERT ELEVATIONS TAKEN FROM AN El MONUMENT TO BE SET INSPECTION REPORT PROVIDED BY THE CONTRACTOR. 1 4. ALL ITEMS DEPICTED ON THIS PLAN HAVE BEEN VERIFIED IN 1 THE FIELD AS TO LOCATION, ELEVATION, AND COMPLETENESS. , r I I1 O I I1 I 1 I � rrl i 17 1 1 I 1 � 11 16 I ► I §P• � o� 2 r5_6.11 ' \ i' o� 1'sJM S70'5_201*E N70.52'0 1 170 5 .0 � S.Y. _.. WITS 4W REGU A RE!A CID SMH x254.61 n TF:25832 11INV:249.20 (0 .91 O• -0X260.45 �mN \ N.TAT �;35 0 ' 1.46 1\ 33,975 3q. ft. N % OPEN SPACE r l4C, I ' `1 �� 0,77 T❑ BE DEEDED 261.4 � '1 ,� I ITO THE TOWN OF I oI ` \ SOUTH WINDSOR TF:258.73 1 _-L— INV(IN):251.30 I I 20' S 1 `` INV(0UT):251.2 ' 1 OSM4 INV(6"):251.45 ' x2ss.49 h 1 __ _ -- rI �-—— s7o" 0"E— � II 1 it '1 REFERENCE NOTE: 3 II I 20' STREET TREE EASEMENT 1t BOUNDARY INFORMATION IS TAKEN FROM PLANS ENTITLED "POND ESTATES AT RED ROCK. I 1 IN FAVOR OF THE TOWN OF SOUTH WINDSOR RESUBDIVISION - LOT 6-9, DEMING HILL ESTATES - SECTION 7 SOUTH WINDSOR, CONNECTICUT, i I I 1�' CL&P EASEMENT PREPARED FOR JMJ CONSTRUCTION BY DESIGN PROFESSIONALS, DATE 1-24-02 I THIS SURVEY AND MAP HAS BEEN PREPARED IN ACCORDANCE WITH SECTIONS 20-300b-1 THRU 20-30015-20 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. plgy{ I I THIS SURVEY CONFORMS TO HORIZONTAL ACCURACY CLASS A-2 AND VERTICAL ACCURACY CLASS T-2. TO THE BEST OF MY KNOWLEDGE AND BELIEF, THIS MAP IS SUBSTANTIALLY CORRECT AS NOTED HEREON. \ I I JMJ CONSTRUCTION COMPANY L I 658 ELLINGTON ROAD 12882 SOUTH WINDSOR, CT 06070 RICHARD P. MARTEL LIC. No. TEL(860) 282-0628 WWW AS-0111_T TeL 860•291.8755 DEPENDENT RESURVEY PREPARED FOR 1.UNLESS AS SHOWN LSE NOTED,BASED Nc urnlTY REVISIONS GRAPHIC SCALE Fax 860.291•8757 pad��At Reed RFOR ®M�Jt 4 SHEET AVAILABLE NF sHo1TI ARE LASED ON 0 20 40 e5'gn �f�� SHOULD B IFIELD AnON.ALL PRIOR TO CONSTR40 UCTION A L�LII n �� n SHOULD UTILITIES FIELD RE TO PRICK D N THE FIELD N. rOf eSSiOnaIS, _inc. L`' e01P911' B ALL ENSERARE To BE STAKED R THE FIELD OPEN SPACE SUBDIVISION-SECTION 7 BY S LICENSED LAND SURVEYOR PRIOR TO CONSTRUCTION.PLAN N. P y �T �, DRAWV BY.• 9MG ,A]4 NO.:514-(7)15 A civil an 1mt No- 1$ Red Dock B.1l a OF 3•THIS PLAN�evA>Jo��IT��THE 1 9/13/ ADD GAS MAIN DMG engineer* tanners surveyors IMPRESSION SEAL SI AND ORIGINAL SIGNATURE 1 inch = 40 feet landscape architects • gin •gps SOS WINDSOR, OF THE PROFESSIONAL ENGINEER/SVRVEYOR. N0. DATE DESCRIPTION 8Y 165 South Satellite Road South Windsor. Connecticut 06074 CONNECTICUT pull BY.• wm CAX-8/73/Gf