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HomeMy WebLinkAboutVariance (999) r APPLICATION FOR Application I Q(p TOWN OF SOUTH WINDSOR Date ZONING BOARD OF APPEALS Receipt #�Dlp - IMPORTANT: This application must be submitted to the Planning Department by the second Friday of the preceding month to insure being heard at the next meeting. ALL ITEMS MUST BE ANSWERED AND ALL SUPPLEMENTS MUST BE SUBMITTED. THE 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 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. APPLICANT: Clark Realty, Inc. MAILING ADDRESS 658 Ellington Road, South Windsor, CT 06074 OWNER OF RECORD OF PROPERTY IN QUESTION same LOCATION OF PROPERTY IN QUESTION Lot No. 7 Redfield (Diggins Court) ASSESSOR'S MAP# 25 PARCEL# 30 LOT# 7 ZONE DRL:Or" CHECK ONE OF THE FOLLOWING: x Request Variance to Section 4.5.3 f of the Zoning Regulations to allow. 19.f31 feet setback (2.28 inch variance) between buildings. 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? Corporation (If Corporation, submit a list of officers . If Co-partnership, submit a list of owners) . Is the applicant owner, lessee, or prospective tenant? Owner Are there any liquor outlets within the restricted area? No (If yes, submit a list of the liquor outlets, their locations and distances from the property :. in question) . Is this property within 500 feet of another town line? No 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) . See attached sheet. Dated this 12 day o Janua-ry Year_],g96 Telephone 1282-0628. 291-8755 IDPI) APPLICANT: en (Signature) OWNER: Lqffit (Signature) ACTION OF THE BOARD GRANTED DENIED . . . . . .�. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., �'`�Q. . r . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .)A/ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �._. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In May of 1995 the applicant selected the "Redfield " model house style for construction on lot No. 7. This home is a two-story, two-car garage model with three bedrooms and 1,379 square feet of living area. The house foundation, chimney and setbacks conformed to all regulations, as proposed on the plot plan. The house plans called for a P8" chimney projection. A building permit was issued and the house has now been completed. During construction, however, the foundation was poured for a two-feet chimney, rather than I V% or a difference of 4". While the house is 21.81 feet away from the existing house on lot 8, the chimney measures 19.81 feet, or 2.28 inches (19/100 foot) less than required. In reviewing this with the builder, it was discovered that a new foundation contractor was just starting at that time, which may account for the 2 feet chimney, rather than F8" as per the architectural plans. The closing has now been postponed from the original January 26 date, and the purchaser and builder are requesting a variance so that they may close on the home in February. The hardships are: 1).There is no other reasonable location for the chimney per the architect's design; 2). The foundation for the chimney is incorporated in the house foundation, and therefore cannot be changed; 3). The chimney and house are completed, and with winter construction, a major change would be prohibitive; 4). The new contractor was unaware of the setback; and 5). The variance, less than three inches, is imperceptible to the naked eye. Thank you. TO: Zoning Board of Appeals FROM: John R. Collins, Chief Building Official RE: JMJ variance, 14 Diggins Court (Lot #7 ) Mr. Jacgues has indicated to me that he has enlarged the size of his chimney foundation projection from the main building foundation so that he may more easily comply with building code requirements for clearances to combustibles . These clearances to combustibles have been somewhat of a problem for his masons in the past and this enlargement will certainly facilitate proper and safe fireplace construction. �o 00����� `moo II i' ;- Volume 658 Page N° 235 afwvatwn t.. gWatara® IK y i� To all People to whom these Presents shall come, Greeting: w gaVOW YE,THAT JEAN MARC aacQoss A . .for divers good causes and considerations thereunto moving,especially for one dollar rF ieceived to his full satisfaction of CI ARE REALTY, INC. t have remised,released,and forever quit-claimed,and do -by these presents,for TS myself-----------------and heirs,justly and absolutely remise,release,and forever QUITCLAIM unto the said CLARIC REALTY, INC., its _ heirs and assigns forever,all such right and tide as I the said RELEASOR have or ought to have in or to a certain piece or parcel of land being C �*- situated in the Town of South Windsor, County of Hartford and State of r ' Connecticut; being located on the easterly side of Clark Street and northerly side of Smith Street and being more particularly bounded and ff e r` described on the attached Exhibit A. # t0NVEYANCETAXRECUAD 1' }; STATEi�_LOCJ4Lf-�--t� a1; �Mo�►�y..1a7.�>t.ulgw { Tt1WN MMlIN CLSKOFsYJ WR Fxninrr n + Iretritorittu At A point iri the northerly nitre of Stith littoral: 4AId.,point belay rite 9ortthea%t corner if the property hareltr 1Ie4r•rilrrd Aral . •"s-w14o he1nts 2.49 feet north and 7.;l7 feet east of an e•ttiatinu iron Plat theirce along the property of N/F Paul. iielen muJ wAl tr•r l.rbnlr. w1onV R beariny of N lB• 23' 36" E A distance of 1176.96 feet to, a w; frown stone; thence cony the property of N/F Catholir. Cetnrrtrn lre1 e AssueiAtiun of Elieflrchdlocese of Ilat tfurd alorw A lrearinu of N III* tr3" E a distance of 70.85 rapt to a points thence alone the Property of N/F Jean itarc ,lActlues alottu a beariny of I4 '71• ow 57" u A dlstall" of 157.U3 feet to a points thence along Elio southerly edul' Of A Punts beiny the property N/F Jean ttarc JAcyues. the bpylnrt►nu and �K enU of the property Ilion along the edye of the pond lirrinu I oil,LIimr dnfir,.d 1)y a eluslny line beyinniny at the last described rote,spI F> 11"'i"ce along a bearirty of S 189 50' V3" W a distance! of mu.i6 feet point; thence Along A beariny of 11 710 09' 57" W a distar,a. of ::f14.24 feet to a points thence aloncl a boar•inq of N 196 So' 1.113 F. a r rtiatalic" of 1ue.16 feet to Apoint; thence alony propel ty Ie/F .roan -- IIarC Jar_yues along a beariny or N 71• 09' 57" W a distance of 4i).7.'M spot to it points thence along property N/F Jean Narc iso:ytros Alor,; a hear '�' •;. ttIA"Ing of 8 SOO 32' 57" W a distance of ee.24 feet to a Points Along III'Vi arty NIF Juan t1arc Jacques alurty w bear►rry of N 740 t 57' 06" W a distance of 59u.o3 fast to a points that,:e Riser,, tilt, _`_ t'Asterly side of Clark Street slur„ a Entering of S 24. 4S' 53" W A distionme of 528.33 feet to a quint; thelica Along the eAaterly side ill 61ar"k struet alum a Lowering of S 25. e3' 29" W a distance or 373.U2 K" feet t' t s Point; na to ltyleof98. 49' 37" ; dsA°� curve lt f dlusof25 uOfeeta diskal,a ufrl43A11 I eet to a point; 6hettca along the ►tortharly side of Some Stratrl• Pipelorty a bearinu of S 73. 25' 09' E a distance of 1964.20 (stet. to Elsie Pal lit at,l lace or b p innlr Bald� ircai r'g• COltalnll silt ,itaat� p u el 5'•48 wcr•as. a! 11 v ,- i _ =f Volume 658 Page N° 236 Being the parcel shown on a Survey entitled: "PROPERTY TO BE ACQUIRED BY CLARK REALTY, INC. CONVEYANCE MAP LOT AREA 54.48 ac. design professions* a3Vr inc. 441 c governor's highway, south windsor, connecticut 06074 JOB NO. 86-113 DATE: 7-14-92 SCALE 1 inch-100 ft.", which survey is recorded on r`. the South Windsor Land Records. 7b Have and To Hold the premises unto it the said CLARK REALTY, INC. and to its heirs and assigns,to the only use and behoof of the qa id heirs and assigns forever,so that neither I ,the said JEAN MARC JACQUES nor any person or persons in my name(s)and behalf,shall or will .4 i. hereafter claim or demand any right or title to the premises or any part thereof,but they and ;t. every one of them shall by these presents be excluded and forever barred. 03� IN WITNESS WHEREOF, I, JEAN MARC JACQUES have hereunto set my hand this 24th day of JULY 19 92 shoed end DeNwrrd in the pnsemee of'(Type or Print now below eeeb si m to ) t ' n PPe eque Jea MarcJacqu .� ........ .................................MueY�le a ...................................... ..................................... i ...................................... ............................ 1 STATE OF CONNECTICUT, HARTFORD j COUNTY OF HARTFORD JULY 24, 19 92 ' Personalty Appeared Jean Marc Jacques Signer(s)of the foregoing Instrument,and acknowledged the same to lique.. h' free act and deed,before me. liriy P. e ...... {;, STATE OF CONNECTICUT, , COUNTY OF 19 ' Personally Appeared as aforesaid,Signer of the foregoing Instrument,and acknowledged the same to be free act and deed as such x' and the free act and deed of said corporation/partnership,before me. Grantees'Address: ... ...... .. .. ........ € 65A..Nk��NGTP)Y.HOAR.................... N«..r Pr.eNriJ.oll4"o. cme:,,;em,r,fsy„ler Can SOPTli.WXNDSOR16.CONN9C.T.XCVT..Q60]A... r rfCEIVED R CORD: -jA,E T1M i. ASSISTANTTOWN MIM : II 4a 1p�G CLARK REALTY, INC. CONSTRUCTION SPECIALISTS 658 ELLINGTON ROAD SOUTH WINDSOR, CT 06074 (203)282-0628 01/17/96 Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 JAN 17 1996 South Windsor To whom it may concern; Planning & Zoning Commission This letter is to inform you that Peter DeMallie, Design Professional's of South Windsor, CT. is an authorized agent for Clark Realty Inc. in any application before the Town of South Windsor. Muriel Jacques, Vice-President MJ/,jmg j-------------- �W N SE4 C U a + s . 1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074 SOR-Co AREA CODE 203/644-2511 February 8, 1996 CERTIFIED # Z262392659 Clark Realty, Inc . 658 Ellington Road South Windsor, CT 06074 RE: Appl. #2312-96 - Clark Realty, Inc. Lot No. 7 Redfield, Diggins Court Dear Sir/Madam: At the February 1, 1996 meeting of the South Windsor Zoning Board of Appeals, the Board approved your request for a 2 . 28 " variance to Section 4 .5 . 3 . f to allow a 19 . 81 ' setback between primary structures, (20 ' required) , at lot #7 Redfield, Diggins Court, DR zone. Commission Members felt the hardship to be that the house and chimney had already been constructed. This action is effective upon your filing the enclosed form in the Town Clerk's office at your own expense. Very Y trul yours, Jo ph . Car' o, Chairman Zoning Board o Appeals JJC:dr Attmt. cc: Building Department s � I, Joseph J. Carino, Chairman of the South Windsor Zoning Board of Appeals hereby certify that on February 1, 1996 , the Zoning Board of Appeals granted to: Clark Realty, Inc . , 658 Ellington Road, a 2 . 28" variance to Section 4 . 5 . 3 . f to allow a 19 . 81 ' setback between primary structures, DR zone. on premises located: lot #7 Redfield, (Diggins Court) and more particularly bounded and described as follows: -XI1111 tT A r+� Irnpinnllet at w point Ili too. trttrtlrrrly .'i[le o1 I'Ottlt tlto'opt wwlrl f Most "rite) the euttth►w�! cornwr r.-I thw property heroin tl►mrr iI I m"f . wlao "wino 2.48 fwwt t.ortb and 2.5'l fwwt east of an reiatisnn itntt `- plots khen• f. r r.e alutW !h prrprrty of N/F Pwul. Ilelen wtel Nwltnr t.rlrwin wlr.rq a loearitq of "'ea 8. 23. 36" E a dista,ma of 1176.76 fret to a hvowtt stoneo tllr.rKe aono the property of N/F Catlrollr. Cwnnsttn•Irtl .i"Aaaociatton of the Archdtacwwe of Ilwt tfurd altrnu a hrarirq of N IN• t'3" E a distance of 70.85 feet to a points tbetKtv alntnn the Inapwrty of "IF Jean Hart: Jacques ailnq a bearing of N ')t• p7• 39" W a distattt:w of IU7.u9 feet to w pointl silence aloteo the strutberIV olitir• of a Patel loeiny tho property N/F ban flarc Jactties. t"t. "uyltntinu still ►rwl of tho property lino alorel the adyw or the ponal !suing fts•thet- tMflre.d "Y a Closing line 1. Yinnilly at the last described rollout-,xt tltsrce along a lowering of TOM' 50' U3" W a distatn:tr of Iu11.16 tort in a lot' 'ski thelKe along w bwwrilq of N 710 09. 57" W a dietwnenl rf �'1•'.24 feet to a pointo thranew storm a loearinq of N 1u• So' U3 F. • flint- , of lue.16 fret to ^points lbtnKs a1otW proem ty N/F Jnwn Ilwtc Jeryues alone a bearing of N 710 U7• 57" 1f w distate:e of 4it7.71f fault to a points thence along property N/F joule flareC Jwrques wlotwl w Ilwar itq of 8 5u' 32• 37"Ur W a di*twry of 82.24 fault to a Iwtlltt me:e cslutq prtytulrty "IF Juan Narc Jaequss wlunq a "eariny of N 74• 1 a distarcv or i5gB.o3 rust to a pointo tttulre:v aluswo tl,R j vasturly side of Clark Street alone a bearisq rliatatcw of of S 2A• 48' S3" W w s 828.33 rest to a Points illeres alosly ttlu va*tef•ly sidu t.l Clatk *trust along a bearing of S 29. ev 29" W a distance of 373.U2 result to a Point; tllwlcw along a curve to tits loft hwvinwn a csntt•a/ } snots of 990 48' 37" and a radius of 23.uu foot a distwncs of 43.11 toot to a pointo thwneul along the northerly sldw or 8attln Stswet w toile a boorinu of S 73. 25• o8" S a distanco of 1964.2o fwet. to tlw. I5wint and plaeo nt of uoyininy. Said pi qp resi eonts►nin ap ela lusitwly 48 estrus. i OWNER OF RECORD: Clark Realty, Inc . Dated at South Windsor, Connecticut this 6th day of February 1996 . jcA&a J geph J. Caxki o, Chairman PUBLIC ACT #75-317 Received for Record this day of 1995 at VOLUME PAGE TOWN CLERK