HomeMy WebLinkAboutVariance (886) TOWN OF SOUTH WINDSOR Application #_ O�A(09,_00
APPLICATION FOR Date H -- Q,-0p
ZONING BOARD OF APPEALS Receipt# _1100-1
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 - 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 II-REQUIRED INFORMATION s
1. Applicant:
PP �
?. Mailing Address: 5-0 0�5,z/C
3. Telephone r: 6y�1— 9S2 F
4. Owner of record of property in question:
5. Location of property in question: "5_30 d t-law-
Assessor's Map r Parcel P Zone 4 ,30
6. Is applicant a corporation or co-partnership? (If corporation, submit a list of officers. If co-partnership,
submit a list of owners).
SEC '�ON I� _REQUIRED INFORMATION(continued) : a
7. Please indicate if the applicant is owner, lessee, or prospective tenant:
8. Check one of the following:
( ) Request Variance to Section /0, '2. of the Zoning Regulations to allow
( ) 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 vari
NO ance? If yes, 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.
o
11. Is this property within 500 feet of another town line? Np
12. Is this property within the Connecticut Water Aquifer area? Yes o No, 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.
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SECTIONIII-DATES AND SIGNATURES - ; - i s�
I hereby declare that the data R information contained herein is accurate to the best of my knowledge.
Dated this /Z'-4 day of i►rc Year Sao
Applicant:
(Sir ature)
O«'tiER:
(Signature)
SECTION IV—ACTION OF THE BOARD
Approved: w Denied:
ERevised /98
i
VOL. v'J PAGE 174
003581
STATUTORY pORM WARRANTY DEED
JA'�MS R. KANE and PENNp J. ICANE,
- consideration aid, both of South Windsor, Connecticut, for
fir , TEN P grants to ROBSRT C. REAULT and MApRggN M. REAT� A3
I ANTS, of South Windsor, Connecticut, with WARRANTY CO
VENAVTS
a certain
ce
= situated ine the rTown parcel
of South Windsor? Count buildings and improvements thereon,
f Connecticut, and more particularly bounded andy of Hartford
described as follows and State
:
of
Situated on the easterly side of Debbie Drive and shown as
w5 i entitled "OPEN SPACE SUBDIVISION A-30 ZONE PLOT Lot No. ?3 on a ma+ i ESTATES SOUTH WINDSOR, CONN. REZNO E. HYYPPA &AS CIVIL ENGINEERS &LAND
PLAN SECTION I MOU S NVIEWW
180
s°" I SURVEYORS GLASTONBURY, CONN. SCALE 1":40' DATE 3-14- _
j 6-30-85 PER P & Z APPROVAL SHEET 2 of Z4 SHEETS and SHEET POFOi4 SHEETS-, Which
. map is on file in the South Windsor Town Clerk's Office to which reference be had for a more particular description of said premises.
may
2
Being the same premises conveyed to the Grantors herein by Warranty Deed of
N Albert L. Robitaille and Catherine p. KuIis-Robitaille dated September 3, 1991
and recorded in Volume 615, Page 496 of the South Windsor Land.Records.
- + Said premises are subject to any and all provisions of an
1 regulation, or public or private law, y ordinance, municipal
t ; The Grantees herein assume and agree to pay the second installment of t
f; the Town of South Windsor on the List of October axes due
Z, 1994, z
Signed this ZOth day of August, 1995 sy '
Y Witnessed by:
% James 4)rane
P nn J. Kane
!
i
{ STATE OF CONNECTICUT)
�t 1 ss. South Windsor
i COUNTY OF HARTFORD ) August 10, Z995
Personally Appeared, James R. Kane and ens
forego Personally
Instrument, and acknowledged the sam Y J, Kane' sign a �l &1,j 4
before me, o be their free a .•deed, b
Grantees' Mailing Address:
50 Debbie Drive .
- South Windsor CT nan�w !-
s RECEIVED FOR RECORD $ U df -
i I CONVEYANCE TAX RECENFD AT 18
9:ssPm
SD/ V RECORDED IN SOUTH WINDSOR
TAT[sl�l_LO':AL aL41.
--- LANe:E'. 12_t�f:OSVOL�53 -T4
C i � —._.PAGE
I ' N CLEF(
TOWN CLERK Of SOUTH WINDSOR
ASIi'0. � �Mc nn ll i
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Electric# 50 DEBBIE DRIVE APPLICATION FOR BUILDING PERMIT
Plumbing#
WAC # Date:
Sprinkler# �, 26391
FINAL APPROVALS Estimated Cost
Building COMPLETE RED BOXED AREAS Permit Fee $
Engineering TYPE OR PRINT ONLY Occupancy Fee �_ 5
Affidavit SIGN ON REVERSE SIDE
Appr.for CO. 1. Total Fee '0
TO BUILDING DEPARTMENT,TOWN OF SOUTH WINDSOR,CT (Additional Cost) $
The undersigned hereby applies to do work according to the following specifications:
Job Location Lot No. Side of Street Zone
Applicant 6, TeL# X 4/(l- '9 92—5
Address SO Zip Lic.#
Owner- U Address 5-a 406/a-
Architect Z./M Address
Sq. Ft.New Area: 1st Fl. 2nd FL 3rd Fl. Total New Area
#Rooms #Lavatories Bathrooms #Garages
Purpose of this permit. a0L j¢ !,, G eA1 leT� LT J
vk=� g.
City Water Well ❑ Septic System ❑ Sewer
Ins. H.O. Cert. Area 4Basemert
Garage
Approved by
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Date 7Use Group y Construction Type 2C.
R•vu.d 1197
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RUNO t,!5 PPA 8 ASSOCIATES '`_
CIVIL ENGINEERS 8 LAND SURI►EYQRS
-� GLASTONBURY, CONK.
if I
_ DEBBIE DRIVE
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LOT LINES FROM MAP OW FILE 7ITLE0, S 12 35 45` E
400F„SPACE SueogjejoN A-30 Zo+JE •
PLO' PLAN C-ECTION I MOUNTNNviEW 30(
5TATE5 $ouiH Y+1eNO�,tOr: C1)►JN."t3Y OPEN S PA C E
RC1N0 E. H•nPPA AASSOCIATES 5cAi-E \
40' DATE'3-i4-65 MAF Mo.Ig0 83 I��
I.OhEET 2 of IgSH EEi's. Rr-Vj(,-30-f 5 PREPARED FOR
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NO z6NING1lYJLATaw5I MOUNTAINVIEW ESTATES
CERTIFIED. SuesTANr1AuY crxzREcT SOUTH WlNDSOR, CONK
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O 'c Dev�ro,,r,ent JESSI A DR.
ARKER o
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May 1, 2000
To: Town of South Windsor
Zoning Board of Appeal
Majorie Anthony, Chairperson
From: Richard E Spadaccini
42 Debbie Drive
South Windsor, Connecticut
Re: Robert C. Reault - Application#2462-00 Request for Variance
Due to my inability to attend the Zoning Board of Appeal hearing on Application#2462-00, I
would liked to address the members of the Zoning Board of Appeal my views regarding this
application.
As the adjacent-property owner and only property owner affected by Application#2462-00
submitted by Robert C. Reault of 50 Debbie Drive, South Windsor, Connecticut, for a i foot
variance to section 10.3 to allow a pool to remain 9 feet from the property line. I would to like
recommend to the Zoning Board of Appeal that the request for variance be denied under the
conditions stated in South Windsor Zoning Board of Appeals-Information Sheet and other
considerations as follow:
Conditions - -- -- - -- -- - -
"The hardship must be different in kind from that generally affecting properties in the
same zoning district, and must arise directly out of the application of the ordinance to
circumstances or conditions beyond the control of the applicant. Self-inflicted or self
created hardship is never considered proper grounds for a variance"
Fact#1 -The applicant disassembled the 18-foot pool located on the property during May of
1999 and erected a 24-pool which is 33% larger without an Application For Building Permit
and without determining the zoning requirements.
Fact#2-An Application For Building Permit was filed August 8, 1999, approximately 70
days after the pool was in use and only after notification that a Application For Building
Permit was never filed by the Town Building Inspector.
Fact#3 -Without first determining that the replacement pool was in compliance with zoning
regulations, the applicant constructed a deck subsequent to filing an Application For Building
Permit.
Fact#4-The Application for Zoning Board of Appeals was submitted April 12, 2000, eleven
months after the project was started and approximately eight months after the project was
completed.
f '
Other Considerations
Section II—Required Information, Question 13 Town of South Windsor Application for
Zoning Board of Appeal—"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.
The following is the applicant responds: `2,arger replacement pool erected on existing site
using old footprint of Boundary&Electrical as fixed extending additional size towards
middle of property. In addition topography of land is such that relocation would require
substantial regrading of property."
Fact#1 — Additional size was not extended towards the middle of property,but in all
directions of the smaller pool.
Fact#2— Relocation of the pool towards the middle of the property would not require
substantial regrading of property. Based on the Civil Engineers and Land Surveyors map
provided as Exhibit I,the pool is located on the section of the property with a greater incline
than the land toward the middle of the property.
Fact#3 —At the expense of my rights to zoning regulations, open space, and privacy desired
when I built my house in 1985,the applicant selfishly erected the replacement pool in a
location of his property to preserve his own open space and view disregarding those of the
adjacent property holder.
Conclusion
Over the past five years four Building Permits were personally or by contractors received for
repairs or renovation to my property. The permits were received to ensure that the repairs or
renovations were performed and completed in accordance with established building codes. I
believe that the Zoning Board of Appeal should not approve this variance request due to the
gross negligence of the applicant. Even though significant time and efforts would be required
of the applicant to remedy the situation,I believe that I as the adjacent property holder should
not be the one giving up his privacy due to his neighbor negligence.
YhaYoyd Spadaccini
42 Debbie Drive
South Windsor, Connecticut, 06074
�i AO•NN Sf 4(�
c � Ole S,0� ?&&Zat
s ` 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074
SOR•Co 4; AREA CODE 860 / 644-2511
May 16, 2000
CERTIFIED #P462498097
Mr. Robert Reault
50 Debbie Drive
South Windsor, CT 06074
Re: Appl. #2462-00—Robert Reault, 50 Debbie Drive, A-30 open space zone
Dear Mr. Reault:
At the meeting of the South Windsor Zoning Board of Appeals held on May 4, 2000, the Board approved
your request for a V variance to section 10.3 to allow a pool to remain 9' from the side property line at 50
Debbie Drive, A-30 open space zone.
The Board concluded the hardship to be the shape and contour of the property prevented the applicant
from complying with the side yard setback.
These actions are effective upon your filing the enclosed form in the Town Clerk's Office at your own
expense.
Very truly yours,
Marjori�Anony, Chairperson
Zoning Board of Appeals
MA:dr
cc: Building Department
I, Marjorie Anthony, Chairperson of the South Windsor Zoning Board of Appeals hereby certify that
on May 4, 2000 the Zoning Board of Appeals granted to: Robert C. Reault, a 1' variance to section
10.3 to allow a pool to remain 9' from the side property line, A-30 open space zone.
on premises located: 50 Debbie Drive
and more particularly bounded and described as follows:
JAM R. RANS and PENNY J. 1CA8T8, both of South Windsor, Connecticut, for
consideration paid, graces to ROBERT C. RSAULT and ZaMt 11T M. RSAULT, AS
JV= TENANTS, of South Windsor, Connecticut, with WARRANTY COVENANTS
a certain piece or parcel of land, with all buildings and improvements thereon.
situated in the Town of South Windsor,Connecticut, and more particularly bounded an County of Hartford and State of
d described as follows:
Situated on the easterly side of Debbie Drive and shows as Lot No. 23 as a map
entitled 'OPEN SPACE SURMTSZON A-30 ZONE PLOT PLAN SECTION Z MOONTAZNVZEW
ESTATES SOUTH WZNDSOR, CONK. AMO E. HYYPPA 4 ASSOCIATES CZVZL ENCZNEERS GLAND
SURVEYORS GLASTONHURY, CONK. SCALE 1"■I0• DATE 3-1I-85 MAP NO. 180-83-IC REV.
6-30-8S PER P G Z APPROVAL SHEET 2 of 11 SHEETS and SHEET 3 OF 14 SHEETS", which
wn
map is on file in the South Windsor To C1erk•s Office to which reference may
be had for a more particular description of said premises.
Being the same premises conveyed to the Grantors herein by Warranty Deed of
Albert L. RobltailIe and Catherine P. XV118-Robitaille dated September 3, 1992
and recorded 1n Volume 61S, Page 496 of the South Windsor Land-Records.
Said premises are subject to any and all provisions of any ordinance, munici a1
P
regulation, or public or private law.
The Grantees herein assume and agree CO pay the second installment of taxes due
the Town of South Windsor on the List of October 1, 1994.
OWNER OF RECORD: Robert C. & Maureen M. Reault
Dated at South Windsor, Connecticut this 16th day of May, 2000.
W 41DLL dl-Lm MA U c7
Marjorie Anthony, Chairperson
PUBLIC ACT #75-317
Received for Record this day of 2000
at
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TOWN CLERK