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ZBA 1-20-05

MEMBERS PRESENT:        Chairperson Stephen Wagner, Teri Dickey-Gaignat, and Sandi Jeski

ALTERNATES PRESENT:     Tim Moriarty  sitting for Thomas Berstene, Ronald Banks sitting for Joel Nadel and James Kupchunos

Chairperson Wagner called the meeting to order at 7:30 p.m.  The Recording Secretary read the legal notice as published in the newspaper

Appl. #2635-04 – Finn Daniels Architecture

Mr. Matthew O’Keefe from Finn Daniels Architects came before the Board to represent this application.  He explained that he is requesting an additional 18 square feet of signage on the rear entrance to the building.  There is presently 18 square feet of signage on the front of the building.  The sign will be an attractive halo lit sign.  The landlord has required signage in both the rear and front facades.

No one from the public spoke in favor or opposition to this appeal.

Answering questions from the Board, Mr. O’Keefe explained that the hardship is that the store has two entrances and it is believed that each entrance should be allowed 31 square feet of signage.  The style of the lettering being used is what is used nationwide for “Christopher and Banks” stores.  There is a blade sign, which is a requirement set by the landlord.  The sign will be approximately 3.75 square feet.  Mr. O’Keefe stated that he feels there are other stores in the vicinity that have the same size, if not larger and these stores do not have a rear entrances for patrons.  The rear of the building does not face Buckland Road.

Commissioner Jeski suggested that additional hardships would consist of the ability to identify buildings when using the rear parking lot.  Also signage is necessary for emergency personnel to have the ability to identify stores.  Commissioner Jeski also felt that any building with the same situation as Christopher and Banks (rear parking and rear entrance) would probably require more signage.

Michele Lipe, Assistant Director of Planning explained that the front of this store faces Evergreen Way and this frontage is what is used to calculate signage allotment.  The only exception for the sign requirements is through a variance request.

Answering further questions from the Board, Mr. O’Keefe explained that there is no parking directly in front of the building.  There is however, parking directly in the rear along with handicap parking.


With no further questions, the public participation portion of this application and the public hearing closed at 7:30 p.m.

Appl. #2637-05 – Kelly A. Kasheta

Mr. Peter DeMallie from Design Professionals came before the Board to represent this application.  He explained that back in 1996, the Zoning Board of Appeals granted a variance to allow an addition on the north side of the property.  The addition consisted of a 396 square foot family room, which brought the total square footage of the house to approximately 1200 square feet.  The parcel is 0.37 acres.  The applicant is requesting a 13’ x 18’ addition, approximately 234 square feet.  Although a 22’ variance was originally requested, the applicant would like to change the location of the addition and request a 17’ variance instead.  The new location for the addition would be directly behind the 1996 addition.  The house is a historic residence, and the addition will be keeping with the architectural style of the house.  This addition would bring the house just above the minimum house size requirement for the A-40 zone.

No one from the public spoke in favor or opposition to this appeal.

Answering questions from the Board, Mr. DeMallie explained that the addition will be located to the rear of the house and will be centered behind the existing 1996 addition.  The addition will not be any higher than the existing house.

With no further questions, the public participation portion of this application and the public hearing closed at 7:40 p.m.

DELIBERATIVE SESSION

Commissioner Moriarty felt there are several reasons to go ahead and grant this variance:

Handicap parking is to the rear of the building.
There is no parking in the front of the building.
The landlord is requiring signage in the front and rear of the building.
If the store were subdivided left to right, there would not be an issue.
The way calculations for signage are done.

Commissioner Banks stated that he feels the unique parking feature were there is no parking at the front façade and there is handicap parking at the rear façade.

Chairperson Wagner felt that the whole design of Evergreen Walk was looked at carefully including sign regulations.  Approving this request would be setting a precedence for the Evergreen Walk.  Commissioner Moriarty felt this variance would

not effect the entire Evergreen Walk, it would only effect this building and similar buildings with this same problem.  Commissioner Banks stated that perhaps this is unique to the Evergreen Walk property.

Appl. #2635-04 – Finn-Daniels Architects, 101 Evergreen Way, Unit #103 in the Shops at Evergreen Walk, Buckland Gateway Development zone.

Motion to:      approve appl. #2635-04 – Finn-Daniels Architects, 2145 Ford Parkway, Suite 201, St. Paul, MN  55116, a variance to section 17.8.5 to allow an additional 18 sf of storefront signage for the “Christopher and Banks” store located at 101 Evergreen Way, Unit #103 in the Shops at Evergreen Walk, Buckland Gateway Development zone.

Was made by Commissioner Moriarty

Hardships:

There is no parking in the front of this location whereas most of the Evergreen Walk does have actual parking in front.; and

Handicap parking is located in the rear along with basically all of the parking for this location.

Seconded by Commissioner Banks

Chairperson Wagner brought to the Commissions attention that the square footage the Board would be allowing for signage is 49 square feet.  It was decided to be too large of a request.

Commissioner Moriarty amended his motion to read:

Motion to:      Approve with conditions appl. #2635-04 – Finn-Daniels Architects, 2145 Ford Parkway, Suite 201, St. Paul, MN  55116, a variance to section 17.8.5 to allow a total of 43 square feet of signage (31 square feet allowed) for the “Christopher and Banks” store located at 101 Evergreen Way, Unit #103 in the Shops at Evergreen Walk, Buckland Gateway Development zone.

Was made by Commissioner Moriarty


Condition:      Any square footage exceeding the 31 square feet for the front signage should be applied to the signage in the rear.

Seconded by Commissioner Dickey-Gaignat

Further discussions evolved regarding the square footage.  It was decided that 41 square feet of signage would be adequate.

Commissioner Moriarty amended his motion to read:

Motion to:      Approve with conditions appl. #2635-04 – Finn-Daniels Architects, 2145 Ford Parkway, Suite 201, St. Paul, MN  55116, a variance to section 17.8.5 to allow a total of 41 square feet of signage (31 square feet allowed) for the “Christopher and Banks” store located at 101 Evergreen Way, Unit #103 in the Shops at Evergreen Walk, Buckland Gateway Development zone.

Was made by Commissioner Moriarty

Condition:      Any square footage exceeding the 31 square feet for the front signage should be applied to the signage in the rear.

Seconded by Commissioner Dickey-Gaignat
The motion:  carried
The vote was as follows:        4 to 1 with Commissioners Moriarty, Dickey-Gaignat, Jeski and Banks voting in favor of approval and Commissioner Wagner voting in opposition of approval because he felt there was no hardship.

Appl. #2637-05 – Kelly A. Kasheta, 1305 Main Street, A-40 zone

Commissioner Moriarty stated that the lot is small and the house is already too close to the front line.  The addition will fit into the character of the house and will not be obtrusive to the home.

Motion to:      approve appl. #2637-05 – Kelly A. Kasheta, a variance to section 3.10.3 to enlarge a nonconforming house within the front yard setback and a 17’ variance to section 10.2 to allow a 33’ front yard (50’ required) at 1305 Main Street, A-40 zone.

Hardships:

The size of the property creates difficulty placing the house in any other location on the property.
The approval will bring the house into conformance with the minimum size requirement for this zone.

Seconded by Commissioner Banks
The motion:  carried
The vote was as follows:  unanimous

ITEM:  Other Business

There will be a training session offered by The Connecticut Bar Association on Planning & Zoning issues at Wesleyan University, Exley Science Center 150, 265 Church Street, Middletown, CT from 8:30 a.m. to 4:00 p.m. on Saturday, March 5, 2005.  

There will also be training for Zoning Board of Appeals members offered by the Connecticut Federation of Planning regarding Planning & Zoning issues.  The training will take about an hour and will be held at the South Windsor Town Hall.  Different dates where discussed and then it was the unanimous decision of the Board that the training be held prior to the next scheduled meeting in the Sprenkel Room.  Training could start at approximately 5:45 p.m.  Michele Lipe will look into this matter and get back to the Board.

ITEM:  Minutes

November 4, 2004

Motion to:      approve with corrections the November 4, 2004 minutes.

Was made by Commissioner Moriarty
Seconded by Commissioner Jeski
The motion:  carried
The vote was as follows:  unanimous

December 2, 2004

Motion to:      review the corrections that were suggested prior to making a decision on the December 2, 2004 minutes.

Was made by Commissioner Banks
Seconded by Commissioner Wagner
The motion:  carried
The vote was as follows:  unanimous

ITEM:  Adjournment

Motion to:      adjourn the meeting at 8:30 p.m.

Was made by Commissioner Moriarty
Seconded by Commissioner Jeski
The motion:  carried
The vote was as follows:  unanimous


________________________________
Deborah W. Reid, Recording Secretary