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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. L/ L6eJn , eskEAyt,e.r pove XAgT= o ei c,�is n✓ s/ usieJ 04..0 �- oa,✓ c'Eck a c -A—ti AO!!i ria c� �,00 Gir/s/rEY o�= c/g,�.o i s Such R•LT u 2CG' c�.6 -Zy, i L �G/1/Api�t/ TAN r �-�pGIJ-T/6N t.�or/t,h 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 ! ;,,N CLERA , i fP t, t t 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 -7-7 Date 7Use Group y Construction Type 2C. R•vu.d 1197 HiF` - t( l��'�T �,�T,7�';, �+�~�Sy'• ;,p uii�tt..,.0 ���'Y i r 'b u�:� ' ,t•r-�`, •i • fii �: �, "J:.1,r,'t�'. :1•'� t•5•!'� {`rs u '=<�,,},t ,'�( •: �+',."dt t c� '.'is' ,• -tf •i`"Y•• 5? P.4•' '•1C � `}.igi ` w�I�. •d�-'$•.>•r. ...FS '+;,,:,• a,�"'•,: ; �'€��+'1'.. t+ _ '? }Y tfyy, .i1. •'f.•.-i��;1E'• t.a•.�t.:;�:.:�:+i. -�i ���•.,K•' y �d1+7,�.�..ti..N,. x RUNO t,!5 PPA 8 ASSOCIATES '`_ CIVIL ENGINEERS 8 LAND SURI►EYQRS -� GLASTONBURY, CONK. if I _ DEBBIE DRIVE 32.0 • � a � SLD& LINE 'SILL i '�' IL'� t3.:• / 24 u�p: oee-►- w ; z� 0 x -moo / O _ 3to c /fi o 0 IQ N O � N gYJk�R��czv�cE 3;c' �� - 'AR A= 20,000 S•l" A►-J TA,Q`{ SEWER , � I� / � 308�. (� /1�00.00 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 �'O�1• -��=rr1oW►.1 2-1G-8r•� NO z6NING1lYJLATaw5I MOUNTAINVIEW ESTATES CERTIFIED. SuesTANr1AuY crxzREcT SOUTH WlNDSOR, CONK SC E;AL I •40 h v / d CC qR, / ;�/ . OA I� D RW FIFE D. a VTR. / v n 5 � -b tip / y AA(res) o / m / dy7 z r tv 2 CO Ry O O ti. I a O� = r O Pf Cy d I r LAWRENCE RD. z f-N � - z DLLEY I r z �W00, Dh. Y I z FRS RUN Z PHEASANT WAY pEBB/FO KEVIN Lh• NATSISKY FARM ROAD J y t^ D � Z a 1 2 R N,��,o, O 'c Dev�ro,,r,ent JESSI A DR. ARKER o w s 0 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 VOLUME - PAGE TOWN CLERK