The URL can be used to link to this page

Home My WebLink AboutKF Properties Kebalo Variance OENe® e c o T009 TOWN OF SOUTH WINDSOR 01010050111 ONING BOARD OF APPEALS APPLICATION' VARIANCE Application # ✓oZ - U 9 APPEAL OF ZONING ENFORCEMENT/DECISION Date Redd " 13' 09 Applicant: KF Properties, LLC Address:_175 Wheeler Road, South Windsor, CT 06074 Telephone#:_860-644-5124 Property Owner:_KF Properties, LLC Address: _175 Wheeler Road, South Windsor, CT 06074 Telephone#: _860-644-5124 Location of Subject Property in Question: _178, 180 & 182 Smith Street _(northeast corner of Smith Street&Wheeler Road Zone_A-20 Town GIS Pin# 93900178 1. Are there wetlands on the property? YES NO 2. Is any part of the premises within 500' of town line? [3 YES NO 3. Is this property within the CT Water Aquifer area? YES 0 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):_7.17.4A - Written Description of the variance request or Appeal of Zoning-Enforcement Order/Decision: (Attach additional sheet if needed) see attached narrative statement For Variance request only: 1. Strict application of the regulations would produce UNDUE HARDSHIP I see attached narrative statement 2. The hardship created is UNIQUE and not shared by all properties alike in the neighborhood because see attached narrative statement 3. The variance would not adversely impact neighboring property; i.e. public health, safety, convenience, welfare and property value, because _see attached narrative statement Applicant's Name (please pri _KF Properties, LLC Signature / Date 2/12/09 T�s VV' Property Owner's Name (p se pdnt)_KF Properties, LLC Signature — Date_2/12/09 W_XV_, AbeNT DO NOT WRITE BELOW -Action of the Board:- proved---- - O-Denied - - Date�_ Date Ap d: Denied: _ r --effective5/1107 — --- ---- - i VOL. 112 PAGE 1 °O STATUTORY FORM QUIT-CLAIM DEED 0 i KNOW ALL MEN BY THESE PRESENTS: We, PAUL KEBALO and.HELEN KEBALO, both of the Town of South Windsor, County of Hartford and State of Connecticut,(Hereinafter referred to as the"Grantors"), for THREE HUNDRED TWENTY THOUSAND AND NO/100's($320,000.00)DOLLARS,grant to K.F. PROPERTIES L.L.C.,of die Town of South Windsor, County of Hartford and State of Connecticut,(Hereinafter referred to as the"Grantee"), with QUIT-CLAIM COVENANTS,all our interest in and to the following described real property: A certain piece or parcel of land,with the buildings and improvements thereon, situated in the Town of South Windsor, County of Hartford and State of Connecticut,containing thirteen(13) acres more or less,and more particularly bounded and described as follows: NORTHERLY and EASTERLY: By land onetime of William Thresher and Charles Thresher,and later now or formerly of Douglas N. Grant; EASTERLY: By land now or formerly of Anna French; SOUTHERLY: By Smith Street;and WESTERLY: By land one time of George A. Smith,and later now or formerly of Hartman.Tobacco Company. Said premises are also sometimes known as No. 176 Smith Street, South Windsor,Connecticut. Excepting therefrom a certain piece or parcel of land, containing 2.5 acres,more or less, conveyed by Warranty Deed of Walter Wasylenko and Eugenia Waslenko, ct al to Bohdam Maksymiuk and Olga Maksymiuk dated June 28, 1974 and recorded in Volume 181 at page 327 of[he South Windsor Land Records. . CONVEYANCE TAX RECEIVED O S TAT EE�S;)T 6tJ'LOCAL$�5Q No. TOWN CLERK OF SOUTH WINDSOR P.O.BOX 1167 425 SULLIVAN AVENUE SOUTH WINDSOR,Cr 06074 n PHONE 860.291.8755 f_ FAession 2 inc.co 7 �` vuww.designprofessionalsinc.com CIVIL & TRAFFIC ENGINEERS / PLANNERS /SURVEYORS / GIS ANALYSTS /LANDSCAPE ARCHITECTS Serving Connecticut,Massachusetts,&Rhode Island Narrative Statement Zoning Variance Application K F Properties,LLC 178, 180& 182 Smith Street South Windsor, Connecticut • DPI Proj.No. 595.2 Variance Request: Variance to Section 7.17.4A to allow a Senior Residence Development building with 35 feet side yards (40 feet required/ five feet variances requested) at 178, 180 and 182 Smith Street in the A-20 zone. 1) Strict application of the regulations would produce undue hardship because: a) The applicant previously received Planning & Zoning Commission approval for the Smith's Corner Senior Residence Development (SRD) at this location under zoning regulations which allowed thirty-five feet side yards; b) This is a comer lot, requiring two front yards which invariably pushes the building development and yards into the parcel's corner,which makes the side yard setbacks critical; c) The applicant should have been allowed to rely on the zoning regulations at the time of the initial approval in 2003 all the way through the development process; d) The initial PZC approval letter dated September 23, 2003 did not indicate that the site plan portion of the application would expire on September 16, 2008 without a building permit having been issued or without an extension request. The applicant had begun site work, but had yet to request a building permit. As a consequence, the applicant was surprised to learn from Town staff that the PZC application had recently expired, and that the subject zoning regulation had been amended requiring a larger side yard setback; e) The marketplace has changed since the original Smith's Corner project was approved, necessitating a lower profile/one story building rather than the two story building originally approved; f) The lower building requires a somewhat larger building footprint, conforming to the original 35 feet side yards but non-conforming to the recent zoning amendment.,_ 2) The hardship created is unique and not shared by all properties alike in the neighborhood because: a) This is a corner lot; b) This SRD was previously approved on this lot with 35 feet side yards_; c� This is a smalrpareel (.734 acre) for an SM d)No other undeveloped parcel in the neighborhood has a Special Permit for the SRD use. 3) The variance would not-adversely=impact the neighboring property, i.e., public health, safety, convenience, welfare and property value because: a) The lower building profile will actually reduce the_building's.impact on_th"eighbADrhood;_b)-This_will-_be_an_attractive building; c) Onlyall portions of the building_w1ll actually project over the 40 feet side : _-yard setback; d) The-property`across the street is-commercially zoned;and e) We believe -- - the 5 feet variance being applied-to-small portions of the building will not be readily_ - dscemble to the motoring public nor to neighbors. Jan 08 09 12: 16a Design Professionals 860-291 -8757 p. 2 P.O.BOX 1167 425 5ULUVAN AVENUE SOUTH WINDSOR,CT 06074 esa n PHONE:860.291.8755 FAX 860.291.8757 01 sQQ � www.designprofessionalsinc.com CIVIL & TRAFFIC ENGINEERS I PLANNERS I SURVEYORS I GIS ANALYSTS I LANDSCAPE ARCHITECTS 5erwng connecticut, Massachusetts, 6 Rhode!eland February 19,2008 Downcast Associates LP c/o/RE Tax Department P.O. Box 6120 Indianapolis,IN 46206 VIA CERTIFIED MAIL Re: Zoning Board of Appeals Application 178 Wheeler Road South Windsor, Connecticut Dear Property Owner: In accordance with Rules and Regulations of the South Windsor Zoning Board of Appeals,you are hereby notified than an application has been filed on the property abutting yours at 178 Wheeler Road and is subject to a hearing by the Zoning Board of Appeals. T'he 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 application,please contact the South Windsor Planning Department at(860)644-2511,ext.253. Sincerely, DESIGN PROFESSIONALS, INC. Benjamin P.Wheeler,RLA Director of Operations : : : : Jan 08 09 12: 16a Design Professionals 860-291 -8757 P. 3 P_O.80X 1167 425 SULLIVAN AVENUE SOUTH WINDSO&CT 06074 PHONE 860.291.8755 FAX:860.291.8757 �w www.designprofessionalsinc.com CIVIL &TRAFFIC ENGINEERS/ PLANNERS /SURVEYORS 1013 ANALYSTS I LANDSCAPE ARCHITECTS 'ftmom Serving Gonnccdcut, Massachrrsctts, C Rhode/send February 19,2008 • Margaret R.French 198 Smith Street South Windsor, CT 06074 VIA CERTIFIED MAIL Re: Zoning Board of Appeals Application 178 Wheeler Road South Windsor, Connecticut : • Dear Property Owner: In accordance with Rules and Regulations of the South Windsor Zoning Board of Appeals,you are hereby notified than an application has been filed on the property abutting yours at 178 Wheeler Road 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 application,please contact the South Windsor Planning Department at(860)644-2511, ext.253. Sincerely, : DESIGN PROFESSIONALS,INC. : Benjamin P. Wheeler,RLA • Director of Operations : : • : :• : Jan 08 09 12: 16a Design Professionals 860-291 -8757 p. 4 '.. Postal Q Lr, CERTIFIEDIVIAIL�, RECEIPT 17 (Domestic s OFFICIAL D- Postal $ q'-� O ceNned Fee ❑�\\��Tme\r Re—, e Receipt Fee v' \A I{p lmn (Endorsemerd Rege4ed) a•aO flesl q (E ntlarsettrsnt dcted D.U.r HegWmdl rn rolal Ppstaae s Faes 5.3.a to o L"' DowneastAssociates LP Go RE Tax Department P O. Box 6120Indianapolis, IN 46206 Postal CERTIFIED MAILT,., RECEIPT O (Domesti s F - ICI AL . a m Fes age s t y 06 6i� eJ� p CoMfled Fee U yr pj -�� J .ldcsrmark A p fleO Regetpt Fee > �; (Endersemm�l Requimy A Resldeled De leery Fee a (Endersem•d Required) m rewFaeaeeaFeee Q .3a Ln r3 en To ry ..._. Margaret R. French -- SreetAn wPoeo. 198 Smith Street ry South Windsor,CT 06074 Jan 08 09 12: 16a Design Professionals 860-291 -8757 P. 5 To whom it may concern: I Walter Kebalo,member of KF Properties,LLC which owns 175 and 185 Wheeler Road(lots 1 &2)and the owner of 188 Wheeler Road(lot 5),with my wife,Lucyna,do hereby certify that I have been notified of the ZBA hearing on March 5,2009 related to the variance application of KF Properties,LLC for 178, 180 and 182 Wheeler Road(lot 6),and hereby waive any notification by certified mail,which of course would be unnecessary. Sincerely, Walter Kebalo February 19,2009 SAWN S" To� psi �v 1540 SULLIVAN AVENUE• SOUTH WINDSOR, CT 06074 SOR CO TELEPHONE(860) 644-2511 February 17, 2009 Walter Kebalo KF Properties, LLC 175 Wheeler Road South Windsor, Ct 06074 RE: Application #2732-09 - 178, 180 & 182 Smith Street variance request Dear Zoning Applicant: This is to notify you that the above named application to the South Windsor Zoning Board of Appeals will be heard on Thursday, March 5, 2009 at 7:30 p.m. in the Madden Room of the South Windsor Town Hall, 1540 Sullivan Avenue, South Windsor. Someone must be present at the hearing to present the application. Included in the $160.00 application fee is the cost of a sign to advertise that a public hearing will be held regarding this property. The sign should be obtained at the Planning Department at the South Windsor Town Hall and must be posted no later than Sunday, February 22, 2009. The sign must be placed in a location visible from both public streets. Very truly yours, Donna Thompson Recording Secretary Aq tpWR ffq 5 t 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074 I�OSOR C0 TELEPHONE(860) 644-2511 CERTIFIED #70042510000398038235 March 11, 2009 Walter Kebalo KF Properties, LLC 175 Wheeler Road South Windsor, CT 06074 RE: Appl. 2732-09 - KF Properties, LLC, 178, 180 &182 Smith Street, A-20 Zone Dear Mr. Kebalo: At the meeting of the South Windsor Zoning Board of Appeals held on March 5, 2009, the Board approved your request for a 5'variance to Section 7.17.4A to allow 35'side yard setbacks on property to be known as 178, 180 & 182 Smith Street, A-20 zone. The Board concluded the hardship to be administrative error of applicant - As is policy, original PZC approval letter dated 9/23/03 did not state expiration date (9/16/08), resulting in missed deadline by applicant to submit site plan/obtain building permit. Plus, with the shape of the corner lot not being square, the buildable area is reduced. The change in design and approval of a variance would not adversely affect neighboring properties. These actions are effective upon your filing the enclosed form in the Town Clerk's Office at your own expense. Very truly yours, *! t"-wa6y.( om Stephen Wagner, Vice Chairperson Zoning Board of Appeals SW:dt cc: Building Department I, Stephen Wagner, Vice Chairman of the South Windsor Zoning Board of Appeals hereby certify that on March 5, 2009, the Board approved your request for a Y variance to Section 7.17.4A to allow 35'side yard setbacks on property to be known as: 178, 180 & 182 Smith Street, A-20 zone and more particularly bounded and described as follows: A certain piece or parcel of land, with the buildings and improvements thereon, situated in the Toren of South Windsor, County of Hartford and State of Connecticut, containing thirteen (13) acres more or less, and more particularly bounded and described as follows: NORTHERLY and EASTERLY: By land one time of William Thresher and Charles Thresher, and later now or formerly of Douglas N. Grant; EASTERLY: By land now or f6rmerly of Anna French; SOUTHERLY: By Smith Street;and WESTERLY: By land one time of George A. Smith, and later now or formerly of Hartman-Tobacco Company. Said premises are also sometimes known as No. 176 Smith Street, South Windsor, Connecticut. OWNER OF RECORD: KF Properties, LLC Dated at South Windsor, Connecticut this 11t" day of March, 2009. 3jqwN W(%w 00 Stephen Wagner, Vice Chairperson PUBLIC ACT #75-317 Received for Record this day of 2009 at VOLUME PAGE TOWN CLERK