HomeMy WebLinkAboutVariance (839) k, TOWN OF SOUTH WINDSOR Application #
APPLICATION FOR' Date
ZONING BOARD OF APPEALS Receipt#
DiIPORTANT.- 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.
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 fair determination of the issues. Incomplete applications may be
denied.
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1. Applicant: ///ESSIc,hvarts
2. Mailing Address: 1360
Cpn- �� �C.m fi<<rrnon.l
1 O of-c r� Q,a n (Z
3. Telephone#: A Q ( y y- 2116 �100 - Y s- Cl 3 70
4. Owner of record of property in question: /)I SS
5. Location of property in question: 0
Assessor's Map# 3$' Parcel# Zone G r
6. Is applicant a corporation or co-partnership? (If corporation, submit a list of officers. If co-partnership,
submit a list of owners).
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7. Please indicate if the applicant is owner, lessee, or prospective tenant:
8. Check one of the following:
(X) Request Variance to Section_/ �•SG of the Zoning Regulations to allow ��, �,44.0 1
( ) 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 es complete and submit the sign checklist information.
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 liquor outlets,their locations and distances from the
property in question.
11. Is this property within 500 feet of another town line? A)A
12. Is this property within the Connecticut Water Aquifer area? Yes or To If yes, application must be filed
with the Connecticut Water Company by the applicant.
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.
I hereby declare that the data&information contained herein is accurate to the best of my knowledge.
Dated this Is- day of „t s Year 20 G j
Applicant:
- !/r1cc,C S ct/YLdN 1
(Signature)
OWNER:
(Signature)
Approved: Denied:
c
Revised 12/04/98
Town of South Windsor Application for Zoning Board of Appeals
Applicant: Messiah Evangelical Lutheran Church
Section 2 Question 8:
Our current sign is per Variance 959-73 which allowed for a sign 4' high and 11'
wide. The new sign, per this variance, is 4.5' wide and 12' high with an area of
54 square feet.
Section 2 Question 13:
Our current sign is per Variance 959-73 dated 20 October 1973. This variance
allowed for a sign 4' high and I wide to be located 20-24' from the curb on
Buckland Road. Since that approval there have been several changes to Buckland
Road and the surrounding area:
1. Buckland Road was reworked, and the resulting road location was
moved further away from the front of the church property.
2. Buckland Road has changed from a 2 lane road to a 4 lane road.
3. There has been increased development along Buckland Road.
4. Driving speed has substantially increased along Buckland Road.
Given these changes, we have switched from a horizontal sign to a more vertical
sign to help increase visibility. The letter size will remain 8", but with the added
height, it should be easier to read across 4 lanes of traffic at the current travel
speeds. The new sign will be moved 12' closer to Buckland Road, but will still be
located 22' from the curb.
1 ,
TOWN OF SOUTH WINDSOR
ZONING BOARD OF APPEALS APPLICA TION
SIGN LOCATION
Road Right of Way
Pavement
Road or
Street G F
Name C
Building
Driveway
I
H
A I
E
B
D
Sign
Provide these Dimensions (Distance Between)
Two Points
A. Sign to road right of way. C
B. Sign to road pavement. ,.22
C. Sign to edge of property. 16 9` i
D. Sign to edge of property. g y
E. Sign to front of building. _ 66 ,
F. Building to property side line. ,s y
G. Driveway to property side line. All
y
H. Sign to edge of driveway. >f a d
I. Property identification.
PAGE I
TOWN OF SOUTH WINDSOR
ZONING BOARD OF APPEALS APPLICA TION
SIGN DIMENSIONS
f--► D
SIGNAGE ENVELOPE
MAY BE ANY SHAPE,BUT
DIMENSIONS MUST BE
C ACCURATE ENOUGH TO
FULLY DESCRIBE THE SIGN �— DIA=C or D —�
A
A
F
B i E
B
0
G
A. Overall height of complete structure.
B. Height of sign above the ground.
C. Maximum height dimension of signage.
D. Maximum width dimension of signage
E. Construction and material of supports. See Page 3
F. Construction and material of signage. See Page 3
G. Lighting - internal or external? See Page 3
PAGE 2
TOWN OF SOUTH WINDSOR
ZONING BOARD OF APPEALS APPLICA TION
SIGN DETAILS
E. List construction and/ material of signage.
AI V M d n A,111
ell Ct fLC�_
� V
�iT 11`
F. List construction and material of support stru(ctu]re. f i A
_�• CQ/u114 �yI'/ _�i/Xgyx /t. ! `J id 7l.+Of tl�.ric.f �Lr�J !ntL
CIO f1Cr c,&e C- y2* = yz, x yb' "a
G. LISTING ki
1. Type: ntemal b. external
Note: If external, show location and beam direction.
CAUTION: NO EXTERNAL LIGHTING WILL BE PERMITTED
IF IT SHINES OFF THE PREMISES,
PARTICULARLY THE TRAVELED ROADWAY.
2. Hours of use?
m.ar ���.�
3. How will it be controlled? (i.e.manual or automatic timer.)
adopted 1011198 PAGE 3
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keen*Design 'a-»��-p Messiah Lutheran Church
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`.Volume 237 pQb,, No - 2
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WARRANTEE DEED
Na 114 (10 PC) j'�j", 1 Birk S«wu,ha
' � a;
,A To all People to whom these Pr i 8 9
esents shall come,Greeting:
ffidOw YE. THAT t+IsrnNsnt
palGET.ICAL LLTTHLRAN
corporation having its SYNOD, an ecclesiastical
r..' North Avenue, Milvaukeep icy s�ffice0and place of.business at 3512 West `
for the consideration of
r One Dollar ($1.00) and other valuable consideration
E'
Y
e ;4
z received to full satisfaction Of
(i 2 MESSIAH V ANGELICAL LUTHERAN
of.South Windsor, Connects CHURCH, an ecclesiastical corporation
Wit, 06074
do give,grant,bargain,sell and cm1firm unto the said
MESSIAH EVANGELICAL LVrALRAN CHfJRCH, certain pieces or parcels of land,
ith the buildings and all other improvements now or ituated in the Town of hereafter placed thereon,
South Windsor, County
d being bounded and described as follows of Hartford and State of Connecticut
, to wit:
PARCEL 1000mmen x°r
r I I
Northwecaterly corner of
the Easterly line of Buckland Road which point narks the
land now or formerly of Wisconsin Evangelical Lutheran Synod;
Evangelical�Luther Easterly direction along land now or formerly of Wisconsin
Synod,
185 feet to a Point, thence running
��' feet tion toa aline i theme or formerly of Wisconsin Evangelical Lutheran synod, 175
P Po Northerly line of land now or formerly of Alfred Cavedon;
Ii thence running in an Easterly direction along land now or
of Adam Sale, 585.78 feet to a Pointt formerly of Alfred Cavedon,
'r 600.4 feet to an iron pin, thence in a Northerly direction along land now or formerly
i' land now thence running in a Westerly direction along
1' Southerly or formerly
at Adam Sele, 435.28 feet to a point] thence running in a
r„ Y y an interior angle of 74. Oil 116.67 feet to a point; thence :a
running in a Rester; direction at an interior angle of 270% a distance of 210 feet
'! to a point in the Easterly line of Buck;and Road; thence running in a Southerly direct
along the Easterly line of Buckiand Road, 186.8 feet to the point of beginning.
i PARCEL*2
NORTHERLY: By land�now or formerly of land of >`ai
�4. ry
-.r Carlo G. Prestileo, one homed eighty-five (185) feet,
E
EASTERLY: By land now or formerly of land of Carlo G. Prestileo, one hundred
seventy-five (175) feet,-
SOUTHERLY: By land now or formerly of Alfred '
Cavedon, one hundred:eighty-five
J
(185) feet; and
+ WESTERLY: By Buckland Road, ao-called, one
hundred seventy-five (175) feet.
The north and south lines and the 0
east and west lines are parallel, respectively.
x h "Ho ve an
Y ce Tax collected
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—:i0e:n cie+
1
ice.
MEMORANDUM
DATE: September 10, 2001
TO: Barry Guliano, Town Attorney
FROM: Zoning Board of Appeals
RE: Application #2511-01 — Messiah Evangelical Lutheran Church, request
for a variance to section 17.8.5.c to allow a sign 54 sq. ft. and 12' in
height (36 sq. ft. and 10' in height allowed) at 300 Buckland Road, GD
zone.
The Zoning Board of Appeals would like to get your opinion on the following:
The Commission would like to condition this application with "the sign is
to remain 22' from the roadway." If the roadway were to be
reconstructed closer to the sign, would the applicant be required to
reposition the sign 22'from the newly constructed roadway? This
application has been tabled to the October 4, 2001 meeting.
MEMORANDUM
TO: Zoning Board of Appeals
FROM: Barry D. Guliano
Town Attorney
DATE: October 4, 2001
RE: Application #2511-01 - Messiah Evangelical Lutheran Church
Imposing Conditions Upon Placement of Sign
The Zoning Board of Appeals has asked for an opinion regarding whether
the Board can condition approval of an application for the placement of a sign,
so that it would remain twenty-two feet (22') from the roadway. The question
which has been posed is whether the sign would need to be repositioned if the
roadway were reconstructed so as to be closer to the sign.
Although there is no specific statutory authorization, it is well settled in
Connecticut that a. Zoning Board of Appeals may, without express
authorization, attach reasonable conditions to the granting of a variance. Town
of Burlington v. Jencik, 168 Conn. 506, 509 (1975). Where a variance is
granted subject to conditions, the variance is contingent upon satisfaction of
those conditions. Id. at 510. The conditions attached to the variance by the
Board must be reasonable and not contrary to the zoning regulations. Warner
v. Zoning Board of Appeals of Town of Easton, 24 Conn. App. 393, 397 (1991).
The Zoning Board of Appeals
October 4, 2001
Page 2
The applicant for the variance is also precluded, under ordinary circumstances,
from bringing another application to invalidate the condition where the Board
had the authority to oppose it initially. Gangemi v. Zoning Board of Appeals of
Town of Fairfield, 54 Conn. App. 559, 565 (1999). Where a condition attached
to a variance becomes a problem, however, it may be eliminated by the Zoning
Board of Appeals, provided the applicant demonstrates hardship and not
merely that a material change in circumstances has made the condition
unreasonable. Fleet National Bank v. Zoning Board of Appeals of Town of
Winchester. 54 Conn. App. 135, 141 (1999).
Applying this analysis to the present issue, the Zoning Board of Appeals
may condition approval of the application upon the sign remaining twenty-two
feet (22') from the roadway. I would recommend that the "roadway" be very
well defined, so that there is no doubt in anyone's mind in the future as to the
specific condition. I would suggest expressing the condition in terms such as
the sign must remain twenty two feet (22') from the edge of the paved portion
of the roadway which is closest to the sign, even if the position of said paved
portion of roadway is altered in the future." In this way, there is no doubt as to
1.
the precise terms of the condition should it need to be enforced in the future.
The Zoning Board of Appeals
October 4, 2001
Page 3
Upon imposing such a condition, it would remain in place until such
time as the applicant was able to establish that there was a material change in
circumstances which created a hardship. As noted above, this requires more
than a showing that the material change in circumstances has merely made
the condition unreasonable. If a hardship were shown by the change in
circumstances, the Board would have discretion, as it does in all cases
involving hardship, as to whether to maintain the condition or to eliminate it.
If you have any further questions, I would be happy to address them.
BDG/mpg
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tOy'N SC,`
07 Toulon aie
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9 ` 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074
SOR-C* '4 AREA CODE 860 /644-2511
November 13, 2001
CERTIFIED # 70001670000775517740
Ms. Kim Harmon
10 Deer Run Road
Bolton, CT 06043
Re: Appl. #2511-01 —Messiah Evangelical Lutheran Church,300 Buckland Road, GD zone
To Whom It May Concern:
At the meeting of the South Windsor Zoning Board of Appeals held on November 1,2001, the Board
approved with conditions your request for a variance to section 17.8.5.c to allow a sign 54 sq. ft. and 12'
in height(36 sq. ft. and 10' in height allowed) at 300 Buckland Road, GD zone.
The Board concluded the hardship on the property to be as follows:
1. The sign is positioned further from the road then normally required. A larger sign is
considered more visible.
2. Due to the speeds of traffic, a larger sign is required in order to address safety issues.
The Board placed the following condition on this application:
The sign must remain at a minimum of twenty-two feet(22') from the edge of the paved portion of
the roadway, which is closest to the sign, even if the position of said paved portion of roadway is
altered in the future.
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,
n
Marjorig S. Anthony, Chairperson
Zoning Board of Appeals
MSA:dr
cc: Building Department
Messiah Evangelical Lutheran Church
y . f
I, Marjorie S. Anthony, Chairperson of the South Windsor Zoning Board of Appeals hereby certify that
on November 1, 2001 the Zoning Board of Appeals granted to: Messiah Evangelical Lutheran Church,
a variance to section 17.8.5.c to allow a sign 54 sq. ft. and 12' in height(36 sq. ft. and 10' in height
allowed), GD zone.
Condition: The sign must remain at a minimum of twenty two feet(22') from the edge of the paved
portion of the roadway, which is closest to the sign, even if the position of said paved
portion of roadway is altered in the future.
on premises located: 300 Buckland Road
and more particularly bounded and described as follows:
lC1,aseneing at a pout in the Easterly line of 8uoNorthwklaad Road which point sacks the
thence
eerunnin corner of land new ec formerly of Wisconsin 8vangelical Lutheran Synods
thegalgth a�iu Easterly direction along land now or formerly of Wisconsin
Synod. 18S face to a Polntt thence ruining in a Southerly
Alzection along land nor or formerl of Wisconsin Zvanqelical Lutheran Synod. 175
feet to a point in the northerly line of land feet
or formerly of Alfred Cavedoni
600n�feet running an irna Easterly
�M tion among or formerly of Alfred Cavedon.
Pier thence in a northerly direction along land now ordirection formerly
of Adam Sale, 58S.78 feet to a point, thence running a Westerly
land now or formerly of Adam Sale. 435.28 fast to a Pointe theme running in a along
Southerly direction at an interior angle of 71. 01• 116.67 fact to a point; thence
running is a Westerly direction at an interior angle of 270% a distance of 210 feet
to a point is the Easterly line of Buckland Rbad; thence running in a Southerly direction
along the Easterly line of Buckland Road, 186.8 feet to the point of beginning.
PARCEL 2 Sy land•aov orormerl formerly Y of land of
Carlo G. Prestilso. one hundred
eighty-five (185) feet,
EASTMMY3 BY land now or formerly of land of
Carlo G. Prestileo. one hundred
aeventY-five (175) feet,-
900111, 8y land now or formerly of Alfred
Cavedon, one hundred eighty-five
(185) feet, and
WEsTERLYs By Buckland Road, so-caue� one
hundred saw ty-five (175) feet.
OWNER OF RECORD: Messiah Evangelical Lutheran Church
Dated at South Windsor, Connecticut this 6th day of November, 2001.
Marjori . Anthony, Chairperson
PUBLIC ACT#75-317
Received for Record this day of 2001
at
VOLUME
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