The Zoning Board of Appeals of the Town of Avon held a meeting on Thursday, June 28, 2012 at the Avon Town Hall. Present were Messrs Ladouceur, Johansen, Ryan, McNeill, Ms. Aube and Mr. McCahill, Planning & Community Development Specialist. Mr. Ladouceur called the meeting to order at 7:30 p.m.
PUBLIC HEARING June 28, 2012
The Clerk read the call to meeting.
Mr. Ladouceur read the Application of Daniel Rodriguez owner/applicant; requesting from the Avon Zoning Regulations Section IV.A.6., a 14’ variance from the 30’ rear yard setback requirement, to permit a deck with handicap ramp, located at 99 Old Farms Road in an R-15 zone.
Mr. Patrick Mulligan was representing Mr. Rodriguez as his wife was in the hospital and he’s in Pennsylvania. He said the youngest son Lorenzo is a ten year old and is a quadriplegics. His older son plays soccer for me. This was a good way for the team and the National Honor Society to help out and give back to the family. He brought in members of his team who are also on the National Honor Society who will be helping build this deck. He has been to this house. They are in a difficult situation. When Lorenzo was smaller, they could carry him around and put him in a child’s car seat. Now he is older with back problems, they have to put him in a power chair. They have to get a special car with a ramp on it to bring the chair into the car. They also need a power ramp to get
him into the house and so he can get into the back yard.
Mr. Ladouceur mentioned the new deck looked as if it is the same length of the house as the existing deck but just extending it ten feet to the south then putting on the ramp.
Mr. Mulligan replied that was correct. Also present were Jackson Davey and Jason Leaning.
There was no one else present. The Public Hearing closed at 7:42 p.m.
Mr. Ladouceur read the Application of Audrey Anderson owner, Audrey (Anderson) Parducci applicant; requesting from the Avon Zoning Regulations Section IV.A.6., a 15’ variance from the 30’ rear yard setback requirement, to permit a deck, located at 25 Fernwood Road in an R-15 zone. He read letters from Randolf Gruener, 20 Evergreen Road, and Eugene Dzialo, 21 Fernwood Road in favor of this variance.
Audrey Parducci was present. Her house is built on a very small lot. Anything that she would add to the back would require a zoning variance and therefore she is requesting that she is able to utilize the back yard with a deck. She thought about a patio which does not require a variance but it would need a landing more than four inches above. She has a 6’ solid fence between her house and the rear neighbor along with vegetation to shield the deck.
Mr. Ladouceur said looking at the plot plan it appears the house has very little room on either the back or front side in relation to the back yard. It’s so narrow it doesn’t appear you could put a set of stairs within the requirements.
There was no one else present. The Public Hearing closed at 7:48 p.m.
Mr. Ladouceur read the Application of Lisa Ludwig & Marc Begin owners/applicants; requesting from the Avon Zoning Regulations Section IV.A.6., a 27’ variance from the 35’ side yard setback requirement to permit a 12’x20’ shed to remain;, located at 121 West Avon Road in an R-40 zone. He read the e-mail from George Bollins, owner of the vacant lot for sale in favor of variance. He is associated with the Central CT Health Alliance Inc which owns the vacant lot to the south as the shed would be closer to the existing fence and not as visible. Also letters in favor from Leila Dial 20 Bolleswood, Steve & Audrey Vicino 111 West Avon Road and Rom Bujwid, 110 West Avon Road.
Marc Begin was present. If they put the shed where required by zoning it would be in the middle of the yard and there is a slope to the yard. The owner of the shed had an opening for delivery so it was delivered early. The delivery was out of sequence. If the variance is not approved, Mr. Begin will have to move it.
Mr. McCahill said the long list of previous variances were for the Reid Treatment Center a long time ago. It was a rehab center. In 2009 they actually demolished that structure. There was a two lot subdivision. This variance is not related to this house.
There was no one else present. The Public Hearing closed at 7:56 p.m.
Mr. Ladouceur read the Application of Olivier J. Gressier, owner/applicant; requesting from the Avon Zoning Regulations Section IV.A.6., a 10‘ variance from the 20’ side yard setback requirement, to permit a 12’x16’ replacement shed, located at 139 Craigemore Circle in an R-30 zone.
Oliver Gressier was present. He showed a plan from the town that is incorrect showing the house reversed. There was a drawing of the septic system which has to be a certain distance from the shed. A land survey done back in October shows the abutting property owned by Mr. & Mrs. Brown at 133 Craigemore Circle and where the shed is currently located which is very near the property line. He presented a letter from Mr. & Mrs. Brown.
Mr. Ladouceur read the letter requesting shed be placed in this position as it will not be visible from their home.
Mr. Gressier said keeping the shed where it is will maintain the character of the neighborhood as you cannot see the shed from the street on either side. If you move it, it will become visible. We have landscaping around there that hides it and makes it more appealing. This variance actually would preserve the character of the neighborhood. He had pictures.
Mr. Ladouceur said the shed is on the garage side of the house with several trees between it and the street.
Mr. McCahill said the original size of the shed was 8’x12’. Now they are going with a 12’x16’ which is double the size. It’s the increase in size which becomes an increase in nonconformity that doesn’t allow him to sign off for a building permit. A variance was required.
There was no one else present. The Public Hearing closed at 8:06.
ZONING BOARD OF APPEALS MEETING June 28, 2012
A Zoning Board of Appeals meeting was held following the Public Hearing.
Ms. Aube made a motion to GRANT, seconded by Mr. Ladouceur the Application of Daniel Rodriguez owner/applicant; requesting from the Avon Zoning Regulations Section IV.A.6., a 14’ variance from the 30’ rear yard setback requirement, to permit a deck with handicap ramp, located at 99 Old Farms Road in an R-15 zone. The vote was unanimous by Messrs. Ladouceur, Johansen, Ryan, McNeill and Ms. Aube.
Reason – The granting of the variance will be in harmony with the purpose and intent of the regulations, will accomplish substantial justice and will not be injurious to the neighborhood or otherwise detrimental to the public health safety and welfare.
Hardship – To deny would deprive the owner of a reasonable use of the property.
Mr. Johansen made a motion to GRANT, seconded by Mr. McNeill the Application of Audrey Anderson owner, Audrey (Anderson) Parducci applicant; requesting from the Avon Zoning Regulations Section IV.A.6., a 15’ variance from the 30’ rear yard setback requirement, to permit a deck, located at 25 Fernwood Road in an R-15 zone. The vote was unanimous by Messrs. Ladouceur, Johansen, Ryan, McNeill and Ms. Aube.
Reason – The granting of the variance will be in harmony with the purpose and intent of the regulations, will accomplish substantial justice and will not be injurious to the neighborhood or otherwise detrimental to the public health safety and welfare.
Hardship – To deny would deprive the owner of a reasonable use of the property.
Mr. Ryan made a motion to GRANT, seconded by Mr. Johansen the Application of Lisa Ludwig & Marc Begin owners/applicants; requesting from the Avon Zoning Regulations Section IV.A.6., a 27’ variance from the 35’ side yard setback requirement to permit a 12’x20’ shed to remain;, located at 121 West Avon Road in an R-40 zone. The vote was unanimous by Messrs. Ladouceur, Johansen, Ryan, McNeill and Ms. Aube.
Reason – The granting of the variance will be in harmony with the purpose and intent of the regulations, will accomplish substantial justice and will not be injurious to the neighborhood or otherwise detrimental to the public health safety and welfare.
Hardship – To deny would deprive the owner of a reasonable use of the property.
Ms Aube made a motion to GRANT, seconded by Mr. McNeill the Application of Olivier J. Gressier, owner/applicant; requesting from the Avon Zoning Regulations Section IV.A.6., a 10‘ variance from the 20’ side yard setback requirement, to permit a 12’x16’ replacement shed, located at 139 Craigemore Circle in an R-30 zone. The vote was unanimous by Messrs. Ladouceur, Johansen, Ryan, McNeill and Ms. Aube.
Reason – The granting of the variance will be in harmony with the purpose and intent of the regulations, will accomplish substantial justice and will not be injurious to the neighborhood or otherwise detrimental to the public health safety and welfare.
Hardship – To deny would deprive the owner of a reasonable use of the property.
There being no further business the meeting was adjourned at 8:10 p.m.
Respectfully submitted,
Shirley C. Kucia, Clerk
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