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ZBA Minutes February 25, 2010
The Zoning Board of Appeals of the Town of Avon held a meeting on Thursday, February 25, 2010 at the Avon Town Hall.  Present were Messrs. Ladouceur Eschert, Johansen, McNeill, Ms. Hard and Mr. McCahill, Planning & Community Development Specialist.  Mr. Ladouceur called the meeting to order at 7:30 p.m.

PUBLIC HEARING                                                                   February 25, 2010

The Clerk read the call to meeting.

Mr. Ladouceur read the Application of Juliane & Murray Wayne, owners/applicants; requesting from the Avon Zoning Regulations, Sections III.C. & IV.A.6., a 14’ variance from the 40’ front building line setback requirement to permit an addition to an existing nonconforming dwelling, located at 219 Cider Brook Road in an RU-2A zone.

Raymie Wayne, daughter, and Cory Grossman from Four Seasons Construction were present.   Mr. Grossman said he will be building the addition.  There is a porch on the back of the addition which will enter into the kitchen which is the closest location to the driveway.  They will be sharing the front entrance.  He showed the plans for the first floor.  There will not be much clearing of the trees, just a few.

Ms. Wayne explained she and her husband and son will be moving in with her parents.  Her father is 80, her mother 69 and is ill.  She cannot live along because of the care that she needs.  Ms. Wayne stated she wants to be there to take care of her.  She presently lives in Simsbury and sees her parents every day.  The property is 19 acres, house was built in the Frank Lloyd Wright style.  She is an only child and this house will be given to her and then to her son.  They plan to keep it in the family.  They plan to keep this a single family dwelling.  They have shared the plans with the abutting neighbor, they have no problem with what they plan to do.

Mr. McCahill said the town met with the Murrays last year.  They have investigated putting a detached house on the property or building an accessory apartment.  Those regulations are limited to 600 square feet but they wanted something a little bigger.  They were told to make this addition able to function as a single family home.  They have made entrances on each floor to the addition  and the only exit to the outside from the new addition is off the basement.  It lends itself to being converted back to a single family home, absent the kitchen, in the future.  There is a convenient on file that speaks very clearly that the house is to be used as a single family dwelling for now and forever.  The issue for this board is the encroachment into the front yard setback.  

There was no one else present.  The Public Hearing closed at 7:47 p.m.

Mr. Ladouceur read the Application of Margaret & Richard Jakubiak owners, Richard Jakubiak applicant; requesting from the Avon Zoning Regulations, Section IV.A.2., a 31 sq.ft. variance which exceeds the 1,000 sq.ft. allowed for accessory buildings to permit a 128 sq.ft. pool shed (the foundation for a 903 sq.ft. accessory building exists), located at 15 Hickory Hill Road in an RU-2A zone.
Richard and Margaret Jakubiak were present.  Mr. Jakubiak said the location of the garage foundation is in a different location on the plot plan.  It’s about 175’ away from the proposed shed.  The pool is 20’x40’.  They have almost four acres.  They are at the corner owned by the town, the old Cider Brook Road.  The property adjacent to them is 37 acres owned by Tim and Jan Owens.  It’s heavily wooded.  The proposed shed is 128 sq.ft. to house the pool furniture, the solar cover, car, and welding equipment for his hobby.  They have lived there for three years, the shed will not be visible from the road.  The house is set back from Hickory Hill by 400’.  He visited the closest neighbor who just moved in recently.  He can just barely see into this yard in the winter but not in the summer when the trees are in bloom.  They have left as many trees as possible.  They informed the other neighbor on the other side.  The whole area is spread out as they all have a lot of acreage.

Mr. McCahill stated the history on the outbuildings for the new members.  They were modified in 2006 to cover larger buildings.

There was no one else present.  The Public Hearing closed at 8:00 p.m.

ZONING BOARD OF APPEALS MEETING                        February 25, 2010

The Zoning Board of Appeals meeting was held following the Public Hearing.

Mr. Eschert made a motion to GRANT, seconded by Mr. Ladouceur the Application of Juliane & Murray Wayne, owners/applicants; requesting from the Avon Zoning Regulations, Sections III.C. & IV.A.6., a 14’ variance from the 40’ front building line setback requirement to permit an addition to an existing nonconforming dwelling, located at 219 Cider Brook Road in an RU-2A zone.  The vote was unanimous by Messrs. Ladouceur, Eschert, Johansen, McNeill and Ms. Hard.

Reason – To grant variance is in harmony and keeping with the purpose and intent of the regulations and would not be injurious to the neighborhood.

Hardship – To deny would deprive the owner of a reasonable use of the property.

Mr. McNeill made a motion to GRANT, seconded by Mr. Ladouceur the Application of Margaret & Richard Jakubiak owners, Richard Jakubiak applicant; requesting from the Avon Zoning Regulations, Section IV.A.2., a 31 sq.ft. variance which exceeds the 1,000 sq.ft. allowed for accessory buildings to permit a 128 sq.ft. pool shed (the foundation for a 903 sq.ft. accessory building exists), located at 15 Hickory Hill Road in an RU-2A zone.  The vote was unanimous by Messrs. Ladouceur, Eschert, Johansen, McNeill and Ms. Hard.

Reason – Granting the variance is in harmony and keeping with the purpose and intent of the regulations and would not be injurious to the neighborhood.

Hardship – Denying would deprive the owner of a reasonable use of the property.

There being no further business, the meeting was adjourned at 8:05 p.m.

Respectfully submitted,

Shirley C. Kucia, Clerk