The Zoning Board of Appeals of the Town of Avon held a meeting on Thursday, March 25, 2010 at the Avon Town Hall. Present were Messrs. Ladouceur, Jr., McNeill, Johansen, Paine, Ms. Hard and Mr. McCahill, Planning & Community Development Specialist. Mr. Ladouceur, Jr. called the meeting to order at 7:30 p.m.
PUBLIC HEARING March 25, 2010
The Clerk read the call to meeting.
Mr. Ladouceur read the Application of Bryce & Susanne Brown, owners/applicants; requesting from the Avon Zoning Regulations Section IV.A.6., a 27’ variance from the 30’ rear yard setback requirement, a 17’ variance from the 20’ east side yard setback requirement, to permit a 12’x20’ shed, located at 133 Craigemore Circle in an R-30 zone and the information in the file.
Mr. Byrce Brown was present. He said they want to replace an existing old shed with a new one. This is the most common sense position to place the new shed. Most of their property is lawn with an irrigation system and this is one area where we can place the shed and wouldn’t have to tear out existing irrigation and piping. He has spoken to four of the neighbors and hasn’t received any complaints from anyone. The rear of the property abuts Arbor Road which leaves a gap from the Arbor Road houses. He will be removing the metal shed that is actually on the line with the neighbor at 139 Craigemore Circle. The new location is a little more remote from the rest of the yard.
Mr. McCahill said regarding the location of the old shed, that at one time there was a regulation allowing a structure to be 10’ from the property line but he doesn’t know of any provision to allow a small structure to be on the property line. Lots that were approved prior to 2006 are subject to a 20’ side yard, the new regulation requires a 30’ side yard. In the past sheds under 100 sq.ft. were not required to take out a permit so they were not inspected by the town. All sheds now need a permit.
Mr. Kelvin Hecht, abutting property owner at 127 Craigemore Circle questioned what is the purpose of the setback regulations. With these setback regulations, people would have to put the shed right in the middle of their back yard. He has no problem with this shed.
Mr. Ladouceur replied that the regulations do not differentiate between a structure of a shed and addition, or a whole house and you wouldn’t want an entire house right on the property line. Looking at the pictures of the house and the proposed shed, he is trying to make the shed mimic the structure with the siding and the color of the home so it will fit in nicely.
There was no one else present. The Public Hearing closed at 7:47 p.m.
Mr. Ladouceur read the Application of C. Hunt Alvord & Gail Alvord owners, C. Hunt Alvord applicant; requesting from the Avon Zoning Regulations Sections IX.B.6.b. and VII.A.5.c., an 13’ variance from the 35’ landscape buffer requirement to enlarge deck, located at 25 Old Wheeler Court in an R-40 zone.
Mr. C. Hunt Alvord said they had a 100 sq.ft addition put on a couple years ago which took away part of the deck. To enlarge the deck, they have to go into the buffer zone to regain what was lost. There is a hatchway to the right so they can’t go there. They also have to get permission from their association. This is a private road and everyone has signed off on it except one person who is out of state right now. They only need a majority for approval.
Mr. McCahill explained the history of this property. It’s unique. It’s a five lot subdivision approved in 1986. Skip Wheeler and Bob August used cluster subdivision regulations for this ten acre piece. It was riddled with flood plain and wetlands soils. The only way to get marketable development on this project was to build a private road, create a private association and do a cluster subdivision. This is a smaller version of Pond Place or Spring Meadow. This requires a 35’ buffer from the adjacent properties. Mr. Alvord or the Association own the buffer area. Behind this buffer is a soccer field for the school. He is not cutting any trees in the buffer.
There was no one else present. The Public Hearing closed at 7:58 p.m.
ZONING BOARD OF APPEALS MEETING MARCH 25, 2010
A Zoning Board of Appeals meeting was held following the Public Hearing
Ms. Hard made a motion to GRANT, seconded by Mr. McNeill the Application of Bryce & Susanne Brown, owners/applicants; requesting from the Avon Zoning Regulations Section IV.A.6., a 27’ variance from the 30’ rear yard setback requirement, a 17’ variance from the 20’ east side yard setback requirement, to permit a 12’x20’ shed, located at 133 Craigemore Circle in an R-30 zone. The vote was unanimous by Messrs. Ladouceur, McNeill, Johansen, Paine 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. Paine made a motion to GRANT, seconded by Mr. Johansen the Application of C. Hunt Alvord & Gail Alvord owners, C. Hunt Alvord applicant; requesting from the Avon Zoning Regulations Sections IX.B.6.b. and VII.A.5.c., an 13’ variance from the 35’ landscape buffer requirement to enlarge deck, located at 25 Old Wheeler Court in an R-40 zone. The vote was unanimous by Messrs. Ladouceur, McNeill, Johansen, Paine 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 has been a request to change the date for the next meeting from April 22nd to April 29th. Mr. Ladouceur made a motion, seconded by Ms. Hard, to change the regularly scheduled April 22nd meeting to April 29th. The vote was unanimous.
There being no further business, the meeting was adjourned at 8:00 p.m.
Respectfully submitted,
Shirley C. Kucia, Clerk
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