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HomeMy WebLinkAboutVariance (947) APPLICATION FOR- Application # 02,M- TOWN OF SOUTH WINDSOR Date $Ili �55 ZONING BOARD OF APPEALS Receipt I IIKPORTAa"�_': This application must be submitted to the Planning Department by the second 4 w Friday of the preceding month to insure being heard at the next meeting- ALL ITEMS MUST BE ANSWERED AND ALL SUPPLEMENTS MUST BE SUBMITTED. TEE APPLICATION WILL BE RETURNED IF INCOMPLETE. - The application and supplements must be filed in duplicate, typed or printed in ink. - 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. - If a variance is being requested, a legal description of the property must be submitted with the application. This description can be obtained from mortgage records. - 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 ffom 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. APPLICANT: lxxw- 00 MAILING ADDRESS //��.A�/F��T LL,�L/Xdi? GAT /D�r� % / L OWNER OF RECORD OF PROPERTY IN QUESTION 1J2AP_76A) LOCATION OF PROPERTY IN QUESTION lL�.���'/Df a� /YIT 611&) fd ASSESSOR'S MAP# R9 PARCEL# LOT#,9-bq ZONE CHECK ONE OF THE FOLLOWING: ������ 11 Request Variance to Section_J�_of the Zoning Regulations to allow eZ.1 t�Al ,d2 AgUl Zt'1A14 Lo- or state hearing under Section of the General Statutes for or temporary and conditional permit for or an appeal from the Zoning Officer's decision involving Is applicant a corporation or co-partnership? A/d r (If Corporation, submit a list of officers . If Co-partnership, submit a list of owners) . Is the applicant owner, lessee, or prospective tenant? irk a, ©��F/si I li4o dO C'd W44W t,, ewxl 94 �7 r,1-Y t4 T�� Ste. 14'ara2 1274)w_ .4 AO 'there any liquor out�et's wf�l3in the restricted area? 0110 tIf yes , submit a list of the liquor outlets, their locations and distances from the properry in question) . lis this property within 500 feet of another town line? /(/d State clearly the unusual hardship or exceptional difficulty that prompts this application and indicate why other options are unacceptable. (Use a separate sheet of paper if necessary) . & f 1o21r1ZL t7� - raa d X .rf /1/S ell iti - , Alp dr Ace :�rad ti fS� I,iSCI!• awk?100 -��'� on,��1/� i9Ps %if► fd p E�/� S'i'' � ,�.-�"i�Jl��jg% i%►/1'��c,.C�u-Q��l�-� ccto-�fi� o�'.P.g.N.a� ./rrTUi�cJ��s f,�/ro G�fc� Dated this ram' day of Year /995' ` Telephone # lo4402PJ��70' APPLICANT: (S gnature) OWNER: (Signature) ACTION OF THE BOARD GRANTED DENIED . _ . � : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ;. .,� . . . . .�. . .� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �aW N SF4 y F Town 0-ps-outh Vzou&ot O a w� 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 SOR•CO AREA CODE 203/644-2511 July 14, 1994 Attorney Ralph Alexander 330 Roberts Street Suite 400 East Hartford, CT 06108 Dear Attorney Alexander: This request is for a legal opinion on two issues that have recently come to the attention of the Planning Department. The first item involves a pending Planning and Zoning application, Appl. 94-26P Grandview Estates II Resubdivision. The applicant received Zoning Board of Appeals approval on July 7, 1994 to allow lot 11 without frontage on a paved street (see maps and ZBA application/approval letters enclosed). The access to this lot is proposed to be a private driveway from the end of the cul de sac, over the existing town ROW, into the lot. The question we have is whether approval from the Town Council is required to permit this driveway; if so, is it necessary for this approval to be in place prior to action by the Planning and Zoning Commission? This application will have a (continued) public hearing on August 16, and tentative action date of September 6 or 13. The second issue we would like an opinion on involves a subdivision map that was filed prior to adoption of subdivision regulations, and within which a part of the road was never constructed. The subdivision contains Hillsdale Drive and Mountain View Road. The northerly section of Mountain View Road is not built, but the subdivision map shows lots along that section of road (see enclosed map). We have had recent inquiries regarding those vacant lots and whether the Town is responsible for/obligated to construct the missing road section so that the property owners can build houses. Can you clarify for us what the legal status of those "lots" is, i.e., are they existing lots; can homes be constructed on them; does a road have to be built and who has to build it? Thank you for your assistance. Very truly yours, Michele R. Lipe ' Assistant Planner/Analyst MRL/sf Encl. LAW OFFICES • BRADY, WILLARD & ALEXANDER SUITE 400 330 ROBERTS STREET GERALD W.BRADY EAST HARTFORD.CONNECTICUT 06108-3604 AREA CODE 203 RICHARD C.WILLARD 289-5477 TELEPHONE RALPH J.ALEXANDER TELEPHONECOPIER 291-9282 MICHAEL H.CLINTON May 19, 1995 Michele R. Lipe, Assistant ;Tanner/Analyst Town of South Windsor 1540 Sullivan Avenue South Windsor, Connecticut 06074 RE: Lot Nos. 8 and 9 of the subdivision known as Hillsdale, property of the Estate of Martin Riester Dear Michele: I am writing in response to your request for an interpretation of the status of the above- referenced lots. First let me start by describing the lots and their circumstance. The lots in question (Lot Nos. 8 and 9) are shown on a subdivision map entitled, "Hillsdale Surveyed for Frank C. Stoddard, East Windsor Hill Road, Wapping, South Windsor, Conn. Scale 1 inch = 40 feet Mar. 1938 Petersen and Hoffman, ENURS., Successors to Spencer and Washburn, Inc., Revised July, 1941", which map was filed on the Town of South Windsor Land Records on October 23, 1943. These lots front (as shown on the map) on Mountain View Road. However, the present paved terminus of Mountain View Road ends approximately 250 feet southerly from the south corner of Lot No. 8 and about 330 feet south of the south corner of Lot No. 9. Therefore, these lots presently front on a paper street. From the point of view of taxes, the assessor's office shows Lot No. 9 as a building lot for tax purposes while Lot No. 8 is assessed as back land. Because these lots do not front on a Town road, a question has been raised as to whether or not they are legal building lots at this time, and if so, how would the lots be accessed. Even though the lots don't meet any of the requirements of present zoning, because they were lots prior to the adoption of the subdivision regulation (May, 1949), they acquire standing as non- conforming lots subject to the requirements of our Zoning Regulations. Section 3.5 of our Zoning Regulations is on point. In its applicable part, the Regulation provides that, - "...nothing in these regulations or any pertinent amendments hereto, shall prevent the construction of a building or establishment of a use permitted hereunder or under any pertinent amendment hereto on a lot containing less than the prescribed area, less than the prescribed width or depth or front yard, if immediately prior to the adoption hereof or of any pertinent amendment hereto, such building or use was permitted on said lot...". In 1943 the lots in question were legal lots and therefore come under the scope of the provisions of our Regulations above-referenced. However, further language of the Regulation modifies the r 4 Michele R. Lipe, Assistant Planner/Analyst May 19, 1995 Page Two present usability of these lots, said language being, "...and said lot was then or has continued to be owned separately from any adjoining lot." In my opinion, the effect of the preceding phrase would be to merge lots 8 and 9 into one building lot as neither lot individually supports the current requirements of zoning. It may be that the resulting lot formed by the merger of the two lots also does not comply with zoning either, but, in my opinion the resulting lot is afforded the protection of 3.5 as a non-conforming lot. The merger of the two lots into one building lot would seem to follow with wh at the assessor's office has been doing in its treatment of the lots, i.e. only one is being treated as a building lot while the other lot is classified as back land. Obviously, the foregoing does not deal with the legal impediment of the fact that these lots do not front on a public road at this time. However, the further language of Section 3.5 has provided a remedy by providing the Zoning Board of Appeals with the authority to grant a special exception under Section 11.4.1(b) to remove any hardship caused by the provisions of the Zoning Regulations enacted subsequent to the formation of the lots. Therefore, in order to be eligible for a building permit an applicant would first have to make application to the Zoning Board of Appeals for the special exception waiving the necessity of frontage on any Town owned street. Regarding the issue of access to the lots, I believe this issue is covered by two possible circumstances. First, access would be available under the doctrine of right of why by necessity. Because the present owner's predecessor in title obtained said title from the developer of the property, who in turn retained title to the roads on the premise that there would be road access at some point in time, a right of way by necessity arises. However, in the present case I believe the owner was granted an easement for highway purposes over the paper street. I have not searched the title on this issue and therefore I cannot make that statement for a certainty. In any event, I believe the issue of access is covered either under a right of way by necessity'or an easement granted by the original developer. If you have any further questions on this matter, please do not hesitate to contact me. Very truly yours, Ralph J. Alexander RJA/ds a ,CpWN St C J a s 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074 I�dSOR•co AREA CODE 203/644-2511 September 25, 1995 CERTIFIED MAIL Rosemary R. Carlson 31 Maple Street South Windsor, CT 06074 Dear Ms. Carlson: Re: Application #2290-95 At the September 21, 1995 work session of the South Windsor Zoning Board of Appeals, your application for a variance to Section 10.2 of the zoning regulations to allow an existing building lot without frontage on a paved road at property located on the west side of Mountain View Road, A-20 zone was approved. The Board noted your hardship to be that the lot is a legal building lot which predates subdivision regulations and the road was never finished as intended. Any new building, or alternations/additions to existing buildings, require a building permit prior to start of construction. This action is effective upon your filing of the enclosed form in the Town Clerk's office at your own expense. Very truly yours, ZON4NG BOARD OF APPEALS Robert W. Warren, Chairman RWW/pmm Enclosure cc: Chief Building Official Zoning/Wetland Enforcement Officer ' I, Robert W. Warren, Chairman of the South Windsor Zoning Board of Appeals, hereby certify that on September 21, 1995 the Zoning Board, of Appeals granted to Rose R. Carlson a variance to Section 10 ,2 of the Zoning Regulations to allow an existing building lot without frontage on a paved road at property located on the west side of Mountain View Road, A-20 zone. Assessor' s Map and Parcel Number: Map 89 , Parcel 8 & 9 More particularly bounded and described as follows: (legal description from Deed or Mortgage) - NORTHERLY by ea now or m1�eet=of William and Gorge Chambeslin• 96 EASTERLY by Mountain View Road, as shown on said maps SOUTHERLY by nlnformerly rtin Riester and Mary Riester 96 feet; and WESTERLY by the remaining portion of lots numbers 10 and 11 on said map together with the right to use Hillsdale Road and Mountain View Road as shown on said map for all purposes for which a highway is used. FOURTH PIECE: The easterly 96 feet of Lot number 12 Map of "Hillsdale surveyed for Frank C. Stoddard, East Windsor Hill Road, Wapping, South Windsor• Conn. Scale 1 inch - 40 feet Mar. 1938 Petersen and Hoffman, Eng'rs., sucesor 1, which isc ins thesoffito cee of the Town Washburn,ncer and l Clerk of South Windsor. said premises are bounded: Beginning at a point in the westerly line of Mountain View Road, as shown on said map, which point is at the southeast corner of Lot number 12 , as shown on said maps thence running westerly along the southerly boundary of Lot number 12, as shown on said map, a distance of 96 feet; thence running northerly on a line parallel to the westerly line of Mountain View Road, as shown on said map, a distance of 80 feet to the southerly line of Lot number 11, as shown on said maps thence running easterly along the southerly line of Lot number 11, as shown on said map# to the westerly line of Mountain View Road, as shown on said map• 96 feet; and thence running southerly along the westerly line of Mountain View Road, as shown on said map, a distance of 80 feet to the point of Hbeginnings illsdale Road together shown with on saide rightView Road and map for highway purposes- OWNER OF RECORD: Estate of Martin J. Riester Dated at South Windsor, Connecticut this 25th day of September, 1995 In accordance with CGS Section 8-3d Robert W. Warren, Chairman Zoning Board of Appeals Received for record this day of 19 ,at South Windsor, Connecticut ATTEST: Town Clerk