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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. /� rf 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). /� / ��°° i i ��77 i i i e,Lr-� l cvNc.J Prls +Jin4 jok, 6114, l�e .3i AnJr'14J Ir- s,.; toys%—Oc3�erf mcis"rI t John kn Col,-L.n kr 5.37-yea7 $tc,c-c 4 a ry 3-6�% s�Hw�rnmac I In VV. A AC4 :; L/1,n7�or� ��a?-Yo3,6 Pd S 6 VY- zod 717 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 k r z an &U .............. -.UN-.DU .- 02001 WPOW keen*Design 'a-»��-p Messiah Lutheran Church DOAN. Inc. ......,,,..,..�..,.......,. me aakaa a"Avon am ww w aaaaw any awawu as carffnma a wamn ;7j low miss a M".kfa.aaa MAYfar affa#Oirafrmfnnrff a1R amaa w gnat Isam"Gina am MR a aarfaa.wf..on as Mae" 6-20}01 8/1/01 kxiauar. , r `.Volume 237 pQb,, No - 2 ►3A , , 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 «: —: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 . t tOy'N SC,` 07 Toulon aie s� �• C � 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 PAGE TOWN CLERK o o / REMOVEDC. B.a PIPE RELOCATE POLE BY OTHERS B. C. L.C . F , ` SLOPE A PIP ROX• C v+ W _ 87 BUCKLAND 91 —4= - 88 89 Y. !90 . Z to 7- W -tv O �." _ — B U C K LAN D R O A '� 4, — ---- ? ' — — D ^ Ks ` )4' s" f : P+�PE APPROX. - — — — - — _— — 05 m S T T `- s+ ° 72,x 2�- I R. i P E / Q \ B .C.L.0 . /N/ a L N Z� � o Z 0. 6 Y° .� OBJ CT Nrn• — --- �' MARKER a / CO C T BIT. .ONC. ' ELOCATE POLE 5' R.0~V1P' / , PAV N - . BY__QTH E RS / _ C.DR IV WAY / S LNG - CON C. T LAODIFIED // REMOVE IT PAV . z OB� C w - D VWAY � SEE NOTE-Z / MA K x �' " "� / REMOVE C. T C C .B. _ • / � 42 �. o" PLI� ABANDON PIPES _ IN 59 13 6 R.C.C. --r-- e� INV.■ 148.0 SEE NOT 14 � TYPE "C' B. �� � � � f - � ' Al.L.C. • T T.F = 15 39 II --- " INV.=1 5 RESET T P.E "C=eC-B I �g , •-' -20.IO•C. �tPE / B rn �T' . = 149.0 :� BIT �CONC. R EW Y N '-I V.=144.3 a BIT. CO C.DRIVEWAY : i „ IIS, CUT BIT. CONG A REMOVErC.B, / E ° rn = -18 R. PIP - —/ 'g =0, -BANDON PIP y_ -- B --- —*— rn mSODDING rk / n TYPE C C.B. q m / T.F. = 14A.9 (E °?�'- IEK RC. IAE " " I INV.-143 ,X 37 . = 151.7 / 1NV.z '�-(W) ti, = 0. 8 V.=143.75(W,) 140.0 i REMOVE B I-T-7 AVT. I NV.i144.5 W) B.C.L.C. _.._ �� NV. 146.0 (Ei) / _ 1 �m ° 0 ,/ STREE LINE cq REMOVEDC. 8.8i PIPE RELOCATE POLE o ' BY OTHERS B. C. L.C. Flo , ! • - SLOPE r PROX• F lb AP doom a7 ee' BUCKLAND 89 91 O CONST _-- _-All, _ a_ ^ !- f � 5" APPROX. - -- S=0.005 �/ w r .A o i -` �l B.C.L.C . /~BJECT / SL N T Z►"\ - oZ '2 2'" I R. IPE /� C T BIT. MARKER i,w ONC.'-- 'RELOCATE POLE a N 5 R.0.01�' / z ; PA V BY_aTHERS 1 / / Jk \ ru 1 U C.DR l_V WAY S — _ , � � ING 1 g► // REMOVE IT AV . i �' zn _ D 1 v CONC. SEE NOTE17 // OB6E,C U WAY Ira REMOV C.B. MARK i "u u\ , « I 42 ' T _ C C .B. _ 24- R.C.C.E. / a PLC ABAKDON PIPES . ? 5.9 � p INV.= 148.0 . SEE NOT 14 / TYPE "C' - ��' I - 11386 m C.B. r ,�� m 16' �� / A' T.F = 15 39 r r i/-1 °' B L.C. --- —24 R.C. IPE INV.=I 5 RESET T P.E "C=L-"C-B _ rn i i 0 0.10 / / B T = 149.0 11 BIT.,-'CONC. EW Y REMOVE/"C.B. / E BIT. CO C.DRIVEWAY / o m u C . -18 R. PIP I UT BIT. CO A T. � , & ABANDON PIP - I pC _ / rn o m SODDING \/ H TYPE "C " C.B. , . _ �� / 040 - TF. = 14A.3 �` o co N 37 / INV.=443.9 (E, _ 2Xi - IIK R.C. IA TF= 151.7 INV.=�`z-(W,) = 0. 8 T CON V.=143.75(W / / NV.=144.5 (Nt�,) / / B 140:0 �� R'EMOVE lT.'PAVT. r �`. FENCE NV.=146.0 (Ei) / _ .C.L.C. N� — ' fir; i TUR o / C3 C o i' ' STREE LINE _ EST BLIStM T