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HomeMy WebLinkAboutKing Variance TOWN OF SOUTH WINDSOR NOV 12 LU10 ZONING BOARD OF APPEALS APPLICATION WINDSOR PLANNING DEPT. VARIANCE Application # C2 ® APPEAL OF ZONING ENFORCEMENT/DECISION Date Rec'd 1 a-a-I Q Applicant: 1/,(if AI //1/Gi Address: to LILI-22 ,L ZV—VE, JAr7�V CT Telephone#: Aw Property Owner: Address: Telephone#: Location of Subject Property in Question: Zone� Town GIS Pin # Wa M96 1. Are there wetlands on the property? F1 YES �NO 2. Is any part of the premises within 500' of town line? YES NO 3. Is this property within the CT Water Aquifer area? YES NO (If yes, the applicant must file an application with the CT Water Company and submit copy with their application.) Requesting a Variance to Zoning Regulation Section(s): 7 / J Wr,-LIYal-14'f96B) Written Description of the variance request or Appeal of Zoning Enforcement Order/Decision: (Attach additional sheet if needed) 11'ee u ffa�G�P�/ sh�e�' For Variance request only: 1. Strict application of the regulations would produce UNDUE HARDSHIP because -> fee allached sheet 2. The hardship created is UNIQUE and not shared by all properties alike in the neighborhood because 9e a I'la chew slyel 3. The variance would not adversely impact neighboring property; i.e. public health, safety, convenience, welfare and property value, because f e a ffacG�e�I sheef Applicant's Name (please print) Signature 9 Date 11- $-16 Property Owner's Name (please print)'/ �rh Signature 1� P_ Date DO NOT WRITE BELOW Action of the Board: dApproved Denied Date ]a a 10 Date Appr Denied: e effective 5/1/07 NARRATIVE STATEMENT ZONING BOARD OF APPEALS APPLICATION BRIAN&AMBER KING 6 VINTAGE LANE SOUTH WINDSOR, CONNECTICUT DPI JOB No. 2991 NOVEMBER 10, 2010 Brian and Amber King and their two children are proposing to install a free form inground pool. hi working closely with their pool contractor, Aqua Pool, staff at Design Professionals, hie., and a landscape contractor,they have determined that a modest side yard variance is required. The specific request is for a variance to Section 3.1.2A, Residential Area, Density and Dimensional Requirements, Side Yard,to allow a 15 feet side yard applicable to the pool, rather than the 20 feet indicated in the table, i.e., a 5 feet variance in the Rural Residential (RR) Zoning District. The specific circumstances and peculiar hardships that necessitate and/or support this request are as follows: 1) The property has a septic system on its westerly side,essentially encumbering the property from the house to the neighbor's property line. This precludes installation of a pool in what may be construed as the back yard(opposite Barber Hill Road). 2) The Connecticut Public Health code requires the owner to observe a setback from any part of the septic system to an inground pool. This further restricts the area for the pool._ 3) The closest property line to the only neighbor who directly abuts the subject property is 110 feet away from the proposed pool location. Their house is well beyond that property line. _ 4) A garden shed and landscaped islands partially obscure the neighbor's residence from the pool location. 5) The abutter to the west has submitted a letter in support of the variance application. 6) The occupants of the house across Vintage Lane from the subject property cannot see the subject pool location because it is blocked from their view by the applicants' house. 7) The abutters across the street have submitted a letter in support of this variance application. 8) The abutting property to the south is unoccupied, is permanentopen space, and will never have a house on it. 9) If the variance were not to-be;granted,the pool would be too close to the house. 10)The applicants will be erecting an attractive metal ornamental fence around the pool area. 11)The applicants will be landscaping the area within and around the pool enclosure, including plant materials and pavers, and this work will be undertaken by a professional landscape contractor. 12)To the southeast of the pool area, along Barber Hill Road, is an earthen berm with deciduous plants which will partially obscure view of the pool area. 13)The applicants are requesting only a 5 feet side yard variance in order to allow a reasonable placement of the pool, and a transition from the house's rear door, which is at a higher elevation,to the pool patio area, as recommended by professional consultants. 14)Directly across Barber Hill Road from the subject site is permanent public open space. 15)The subject property is a corner lot and as such has two front yards and two side yards,which affords a minimal area for a pool, especially in consideration of the septic system restrictions. 16)The applicants' home and property are in excellent condition and well maintained, as will pool area will be. 17)We are convinced that the subject pool location will not adversely impact any neighboring property. 18)We also maintain that the hardship created is unique, and that the circumstances related to this lot are unique in many ways. We appreciate your consideration of this variance application. I° ����i^I ,�� ��l1�111� z � IaIIA IICI n I I 1 1911:1 � .a!' ,.� � 379�F "�eYF pw E „. i ... / tr3 �, 7 4 � A'c,, '1°`� � i�. � � , �'�� � � � �.; t � � . ���� i ��. _ 3 u � �{ ,�-E i}:� �' =. .r: �� .. 3II.y,. M.r f w.r a.-+t �„ �� � d° >`�s�i t yob �� iau u�y �, � � x �. i. V.. �,�� � {� -�� �� � � xF f�,� Ua6(y �aY„C tt ,. ._. _ _ . . ..,.. _ � s�� .. . _ ,_. ._.. _ _. p i iv s e Ii ill xL a i p yAll, �'I t �5 n 'y 1gry ✓ �/{ n . aC r f a vs Fy°1 of l ri - P r Y: a..�.�.nrv-.aan� --;mod e � n p.,n� ~,Ms l4✓ c �.✓�' � t #xk' i k'r Y� � 4 tag L� k a a - +" i pi 9_ r q1g r,3,Aw � �t Nov 15 10 05:17p Design Professionals, Inc 860-291-8757 p.2 PostalCERTIFIED MAIL,,, RECEIPT II a (Domestic ry OFFICIAL. USE m CO ru Oerdged Fee M Retum Receipt Fee 19 Q (Sndamement Ragwmd) h , Restecied Dellmy Fee Aqq (Endorsement Required) m V~ —n Total Postage&Fees .$ � �� O ru 9en1 0 S 740 C .rl p Seest t1- rv. of PO Hax No. �./_(� U u//j%lv/L, �._____._.— - clty,Slate.apP Postal CERTIFIED I RECEIPT ou l• Only, Coverage ff' (r" O • •- - • • • • • • n r'l M ri Postage 3 ' aS(( In CeKlled Fee. s�- `rj. >_7 Return Reeelpt Fee p (Endarsemenl Requdetl) - C3 Restdcled DdMry Fee 0 �� O (Endomement Required) D-' = Tctal Postaga&Fees $ i - a - -- Sen[To 7 l �NrPn�c 19lu�fi.'- city,Slere.zip,q I zV,l /U! .r...C%/.—L�O�—.._..._— Nov 15 10 05:18p Design Professionals, Inc 860-291-8757 p.4 Town of South Windsor Attn: Town Clerk's Office 1540 Sullivan Ave. South Windsor, CT 06074 RE: Variance on Rear Setback at 6 Vintage Lane Dear Sir.. In accordance with the Rules and Regulations of the Zoning Board of Appeals, we are notifying you that we've submitted an application on the property abutting Towv Property at 6 Vintage Lane and is subject to a hearing by the Zoning Board of Appeals. The application and plans are on file with the South Windsor Planning Department. All members of the public are invited to the hearing to ask questions and/or give comments. You may also submit written comments regarding the application prior to the hearing if you so desire. For further information regarding the specific date this application will be heard, please contact the Planning Department, 860-644-2511, ext. 253. Sincerely, Brian and Amber King 6-Vintage Lane 860-648-1788 Nov 15 10 05:18p Design Professionals, Inc 860-291-8757 p.5 Chip and Serena Martin 12 Vintage Lane South Windsor, CT 06074 RE: Variance on Rear Setback at 6 Vintage Lane Dear Chip and Serena. In accordance with the Rules and Regulations of the Zoning Board of Appeals, we are notifying you that we've submitted an application on the property abutting yours at 6 Vintage Lane and is subject to a hearing by the Zoning Board of Appeals. The application and plans are on file with the South Windsor Planning Department. All members of the public are invited to the hearing to ask questions and/or give comments. You may also submit written comments regarding the application prior to the hearing if you so desire. For further information regarding the specific date this application will be heard,please contact the Planning Department, 860-644-2511,ext 251. Sincerely, Brian and Amber King 6 Vintage Lane 860-648-1788 Nov 15 10 05:17p Design Professionals, Inc 860-291-8757 p.3 Metes and Bounds Description Lot 1 Vintage Hills Being a certain parcel of land situated in the State of Connecticut,County of Hartford, Town of South Windsor,also be known as Lot#1 on a plan entitled: "Vintage Hills, South Windsor, Connecticut,Prepared for Jacques Construction, LLC Dated 12-3-01 Rev.to 7-16-02 By Design Professionals, Inc. Being more particularly bounded and described as follows: Beginning at a monument on the westerly right of way line of Barber Hill Road at its intersection with the southerly right of way line of Vintage Lane; Thence,S 02°45'18"E along the westerly right of way line of Barber Hill Road, 150.00 " feet to a point, at the northeasterly comer of land now or formerly Town of South Windsor(Open Space); Thence,S 87'14'42"W along the northerly property line of land now or formerly Town of South Windsor(Open Space),230.00 feet to a point,on the easterly property line of Lot#2; Thence,N 02'45'18" W along the easterly property line of Lot#2, 175.00 feet to a point, ,on the southerly right of way line of Vintage Lane; Thence,N 87'14'42"E along the southerly right of way.linc of Vintage Lane 205.00 feet, to a point; Thence,in a southeasterly direction along the southerly right of way line of Vintage Lane,on a curve to the right,having a central angle of 90000'00",Radius of 25.00 feet and an arc length of 39.27 feet,to the point and place of beginning. Said parcel contains.approximately 40,116 sq. ft G:ljobs\2991\Docs Legd Desviptio=\ Metes and Bounds Description Lot Ldoc (Page 1 of 2) VOL. 1557PAGE 278 WARRANTEE DEED 1f32& VINTAGE HILLS,LLC,a limited liability company having a principal place of business in the Town of South Windsor,County of Hartford,and State of Connecticut for the consideration of FIVE HUNDRED THOUSAND AND 001100($500,000.00)DOLLARS grant to BRIAN G.KING and AMBER KING,both of the Town of South Windsor, County of Hartford,and State of Connecticut,as Joint Tenants with WARRANTY COVENANTS A certain piece or parcel of land,with the building and improvements thereon,situated in the Town of South Windsor,County of Hartford and State of Connecticut known as 6 Vintage Lane and being shown and designated as Lot No. 1 on a map or plan entitled "PROPERTY SURVEYIRESURVEY PREPARED FOR:VINTAGE HILLS BARBER HILL ROAD,SOUTH WINDSOR,CONNECTICUT Design Professionals, Inc.Civil Engineers-Planners-Surveyors-GIS 165 South Satellite Road,South Windsor; Connecticut 860-291-8755 Scale l°=60`,Dated 1218/01 Drawn: RA Checked:RPM Job No.: 1430 Drawing No.: Jobs/1 4 430117LOT SUBDIV/1430 -7 Sheet 7 of 21",which map is on file in the Town Clerk's Office in said Town of South Windsor,to which reference may be had. Said premises are subject to building,building line and zoning restrictions of the Town of South Windsor,Building lines,20'Street Tree Easement and proposed 15'wide Hedgerow easement,20'Drainage Easement as shown on the subdivision map,300' Vida fight of way in favor of The:Connecticut Light and Power Company contained in an instrument dated 2/24165 and recorded in Volume 106 at Page 394,Terms and provisions of an Assignment and Agreement by and between Jacques Construction, LLC and Vintage Hills,LLC dated 7/18/2002 and recorded in Volume 1335 at Page 320,Electric Distribution Easement in favor of Connecticut Light and Power Company dated 12125/02 and recgrded.in Volume 1384 at Page'2111 Gas Distribution Easement 20 in favor of Yankee Gas Services Company dated 1/10/03 and recorded in Vol o 1 he at Page 290, all as of record appear and taxes due the Town of South Windsor on the List of October 1,2002 and thereafter which the Grantees herein assume and agree to pay as part consideration for this deed. CONVEy'ANCETAX RECENTD 00 STAT $ 915 E L5OjCALS, TOWN CLERK OF SOURl WINe50R aook:1557,Page:278 (Page 2 of 2) - - - 1 _ voi. 1557PAGE 279 Signed this 21 day of November,2003 WITNESS: GRANTOR: Vintag Hills,LLC ! B / Tomn�.'�e�k.v. "^•�u<� ,�John Jacgy pager i - STATE OF CONNECTICUT: : SS. S.Windsor November ,2003 COUNTY OF HARTFORD Personally Appeared John Jacques,Manager/Member of Vintage Hills; LLC;as aforesaid Signer of the foregoing Instrument,and acknowledged the same to be his free act and dead as such Manager/Member and the free act and deed of said Limited Liability Company,before me. �. urt Notary Public Grantees'Address: JOANNE DEVAVX SEAUUEU 6 Vintage Lane. . NOTARYPOBLZC South Windsor,CT 06074 UvcownnssMrromuv wo.31,2aat RECEIVED FOR RECORD: DATE41:1-Q-g.TM(E I t'5'0 P M TOWN CLERK,SOUTH WINDSOR.CT. - T 1-i7v _ Book:1557,Page:278 November 8, zoio .ember. I wanted to write to you letting you know that I support your variance request. Baredon where you are putting the pool; we will not be able to see the poolfrom our house, regardless of whether the Town grants the variance. I understand your concerns about having thepoolsit cCose to your house andhope you get the additionaCfootage you are requesting from the Town. GoodCuck getting the variance. Please Cet us know if there is anything we can do to help you out. Best regards; Elise DaCosta 5 'Vintage Lane November 8, 2010 Brian and Amber. We are writing to you in response to the notification you sent to us regarding the application you filed with the Zoning Board of Appeals. We wanted to let you know that we are m support of your request The location of the pool will sit over 100 ft from our property line, and we will have a very limited view of the pool from out property. Good luck getting the variance. If there is anything we can do to help you get this variance,please let us know. Sincerely, Arthur and 5 a Martin 12 Vintage Lane November 16,2010 Amber. Thank.-you for letting us know of your variance request. I wanted to write to you letting you know that we support your variance. Based on where you are putting the pool,we will only a limited view of it in the wintertime when the leaves are off the trees. I'm sure the pool will look great in your backyard. I understand your concerns about having the pool sit close to your house and hope the zonin6 board is a6reeable to your request. Good luck 6ettin6 the variance. If there is anything we can doto help you out,please let us know. Re6ar , G' Todd and Kathleen Farah 466 Barber Hill Road Novemberl6,2010 Amber. I wanted to write to you letting you know that we are in support of your variance request. Based on where you are putting the pool,we will not be able to see the pool from our house across the street. Tm sure the pool will look great in your backyard. I understand your concerns about having the pool sit close to your house and hope the zonin6 board is agreeable to your request. Good luck setting the variance. 11 there is anythin6we can do to help you out,please let us know. Sincerely, Sherri Puai16ton 11 Vinta6e Lane No1L@ 1.THIS MAP IS DEPflIDfllT ON THE MAR RffENQNED MUSIC - 2.PARCEL ZONED RN , a MAP RBVISOM. MINTAGE HLL%SOUTH WNDSM CONNECTICUT PREPARED FOR JACQUES CWS'DNC'IWIC LLC BATED 12-3-M REV.TO 7-16-02 BY DESIGN PROFESSIOMN$INC G CBI 20' STREET TREE EASEMENT IN FAVOR 12 WATER MAIN + OF THE TOWN OF + TF.319.313.62 O ]SOUTH WINDSOR N AGE 6 E° O 6 U.D.: 1 UNDERDRAIN PROP. STOP SIGN & STOP BAR 4 ALK 10' CL&P, SIDEW 205. 0' _ EASEMENT L=39.27 F � - 9oro0'00" ZA X318.7 il C� v w X318.5 O �L rx 6 F.Y. .1 N 1 0 314.0 � -BOX J IN:313.70 OR INV UT(N):313 I ,$`L 51.1 _ INV UT(S):313. 0112.1 lLJ CC EJOSTING HOUSE O. -00 Z Ld Uj 317.8 ORCHFR321.16 - O fj.r- 4 �. TOW:319.90 Ci !OD O If) t FF GAR:319.22 in o Q vO ZNI- dam- 315.3X >: H 7.7 1 O a COLOt #2 a r 4.Q 1250 GALL �0 DECK O W SEPTIC TAN 317. N < NV IN:314.10 INV. N 20 lA1 NV OUT:313.8 31 Lot #1 9�„ 73.02 75 S.F. N 20' S.Y. X314.5 AC'6. \ \� k X315. V` i THIS SURVEY AND MAP HAS BEEN PREPARED IN ACCORDANCE ANTI SECTIONS 20-300 A 'MRU 20-300b-20 OF THE FREGULATIONS OF ASCONNECTICUTENDORSED STATE AGENCIES I 'STANDARDS FOR SURVEYS RV MAPS INC.THE ; STATE OF CONNECRCUY AS ENDORSED BY THE CONNECTCUT ASSOCIATION OF LAND SURVEYORS. N ' j S87'14'42"W 230.00 ♦T E.OF SURVEY IS AN IMPROVEMENT LOCATNN SURVEY-PROPOSED-AND IS NTENOED TD DEPICT LOCATION aF (A G \ . R&ROVDAEN75 RELATIVE TO PROPERTY UNM TOWN OF SOUTH INDSOR ♦THIS IS A ASIRVEY BASED ON Ma REEEREI=r. ♦HORIZONTAL ACCURACY MEETS CLA56 A-2 STANDARDS AND VERiIGLL ACLTRACY MEETS CLASS T-2 STANDARDS. OPEN SPACE i TO 7HE OF MY KNOWLEDGE ANDPELIEF. h115 MAP IS SUBSTAN Y CORRECT AS NOTED HEREON. BRUIN & AMBER KING 6 VINTAGE LANE 72327 SOUTH WINDSOR, CT OW74 LAWRENCE R. GEISSLER. JR. 1 UC. No. - TOL (860)W-1788 L 7.uHtas onRTeMSE:.NDTm,E7GSING utartr REVISIONS Tel. B60.291.8755 PREPARED FOIL:. 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