HomeMy WebLinkAboutVariance (942) 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 1 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.
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: `larger 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.
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�accini
42 Debbie Drive
South Windsor, Connecticut, 06074