The Zoning Board of Appeals of the Town of Avon held a meeting on Thursday, October 27, 2011 at the Avon Town Hall. Present were Messrs. Ladouceur, Eschert, McNeill, Ms. Hard, Ms. Mozzicato and Mr. McCahill, Planning & Community Development Specialist. Mr. Ladouceur called the meeting to order at 7:30 p.m.
PUBLIC HEARING October 27, 2011
The Clerk read the call to meeting.
Mr. Ladouceur read the Application of Fred & Bonnie, LLC owners/applicants, requesting from the Avon Zoning Regulations, Sections VI.C.4. & III.B.1.a., a 47’ variance from the 75’ front line setback requirement and 15’ variance from the 20’ minimum side yard setback requirement for a proposed porch and clock structure; from Sections VI.C.4. & III.C.6. a 10’ variance from the 75’ minimum front yard setback requirement and 15’ variance from the 20’ minimum side yard setback requirement for proposed renovations and addition on front building; from Sections VI.C.4. & III.C.6., an 11’ variance from the 20’ minimum side yard setback requirement for proposed porch and revised roof line on back building, located at 221 West Main Street in a CR zone.
Mr. Dave Whitney, Professional Engineer was present representing the owners Fred & Bonnie, LLC. Also present was Peter Wells, Architect.
Mr. Whitney said he has spent a good deal of time on this project The site is adjacent east of the Dakota Steak House, west of formerly Nino’s Garage, across from Enterprise Rent a Car. The property itself is 104’ wide and about 564’ long. There are two existing buildings on this site. The front building has a footprint of 952 sq.ft. with a second floor for a total of 1,552 sq.ft. The back building, which has been a hardware store, a contractors office, a printer shop, is presently vacant. It’s a big one story building in somewhat disrepair, about 7,713 sq.ft.
They were before this board several years ago and received several variances for two porches and renovations. The rear building will be considerably smaller then the existing building. Parts of the existing building will be saved, parts torn down. The total sq.ft. will be 5,707.
The front building was formerly a single family house with a porch to be added from the previous variance. Also there will be an addition of 800 sq.ft. so the front building will be a total of 1816 sq.ft. The second floor will be eliminated.
The net footprint of the two building combined has been reduced by about 1,100 sq.ft.
The variances for the porches have expired so they are asking again for the porch in the front but also the architects plans have been revised. There is going to be a clock tower which was not on the prior plans so the roof line will change. This is a narrow site all in a commercial retail zone.
Mr. Peter Wells said they have pushed back the building from the previous approval and decreased part of the nonconforming area. It also improves the appearance from Route 44.
Dave Olson, 211 West Main Street. It appears this will be a nice improvement. His only concern is from the last approval by PZC there was a privacy fence along the boundary. He wants to make sure it has not changed.
Mr. Whitney replied there is no change. What he is referring to is a fence to be installed along the entire mutual property line between the subject site and the Olson property. That is an 8’ high fence. They currently have an application before Planning and Zoning and they cannot take any action until ZBA makes a decision. The minutes from their previous meeting states it’s a positive site change.
Mr. McCahill stated the applicant usually gets his variance before going to the PZC. Because of the reduction of the nonconformities and addition of structures, it wasn’t until they got into the real details of the plans that they realized there were going to be variances needed. It is always a balance to know that PZC is in favor of this site. The landscaping plan is basically unchanged from the previous application. There was some concern expressed by Pond Place Association at that time. The dumpster location has changed to be further away from Pond Place.
Mr. Ladouceur stated this is a little less jagged structure, cleaner lines along the edge. By taking out a big area of the structure it will in the future tie in with the common driveway with the Dakota site.
Mr. Whitney said as part of the PZC process they have actually four locations that show future connections to other surrounding lots. The owners are fine with this. For future use the front building will be designed for a class II restaurant. The back building is for oil change and detail work, which is basically unchanged.
There was no one else present. The Public Hearing closed at 7:59 p.m.
ZONING BOARD OF APPEALS MEETING October 27, 2011
A Zoning Board of Appeals meeting was held following the Public Hearing.
Mr. Eschert made a motion to GRANT, seconded by Ms. Mozzicato the Application of Fred & Bonnie, LLC owners/applicants, requesting from the Avon Zoning Regulations, Sections VI.C.4. & III.B.1.a., a 47’ variance from the 75’ front line setback requirement and 15’ variance from the 20’ minimum side yard setback requirement for a proposed porch and clock structure; from Sections VI.C.4. & III.C.6. a 10’ variance from the 75’ minimum front yard setback requirement and 15’ variance from the 20’ minimum side yard setback requirement for proposed renovations and addition on front building; from Sections VI.C.4. & III.C.6., an 11’ variance from the 20’ minimum side yard setback requirement for proposed porch and revised roof line on back building, located at 221 West
Main Street in a CR zone. The vote was unanimous by Messrs. Ladouceur, Eschert, McNeill, Ms. Hard & Ms. Mozzicato.
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.
There being no further business, the meeting was adjourned at 8:02 p.m.
Respectfully submitted,
Shirley C. Kucia, Clerk
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