Zoning Board of Appeals

CITY OF NORWICH ZONING BOARD OF APPEALS September 12, 2017 Meeting Minutes The regular meeting of the City of Norwich Zoning Board of Appeals was called to order at 7:00 p.m. Roll call was taken. PRESENT: Marc Benjamin, Chairman Henry Olender, Vice Chairman Mark Kulos Dorothy Travers Peter Curprak Robert Phoenix, Alternate ABSENT: David Martin, Alternate OTHERS: Richard Shuck, Zoning Enforcement Officer, and Linda Lee Smith, Recording Secretary D. COMMUNICATIONS – Memo from Deanna Rhodes with updated zoning replacement regulations Richard Shuck stated in their packets were updated pages for the zoning regulations. E. ACCEPTANCE OF MINUTES A motion was made by Dorothy Travers to APPROVE the minutes of the August 8, 2017 meeting. Second by Robert Phoenix. The motion passed unanimously. F. OLD BUSINESS: None G. NEW BUSINESS: Chairman Benjamin opened the public hearing 1. Application #V17-06 – Application of Timothy M. Kayser for property located at 18 Maplewood Court in Planned Commercial (PC) zoning district. Assessor’s Map# 122, Block# 1, Lot# 18. Request a variance of sec. 1.1, Residential Bulk Requirements, to allow for the installation of a 12 ft. x 20 ft. deck and stairs within 18 ft. from the northern property line, and the installation of a 10 ft. x 14 ft. shed 26 inches from the southerly property line. Richard Shuck entered into the record Exhibits “A-J”. Timothy Kayser, property owner, 18 Maplewood Court gave a brief review of his request. He stated he wanted to add 12’ x 20’ deck and stairs which wouldn’t extend any further than the existing stairs where the concrete pad is located. Henry Olender asked if the stairs were included in the original proposal. Mr. Kayser stated no. Mr. Olender stated it should have been included. Marc Benjamin asked Richard Shuck if the stairs were included would they be compliant. Mr. Shuck stated the property is located in the Planned Commercial (PC) zone which is 50’ side yard setbacks and their lot is 90’ wide so any improvements needs a variance. Mr. Kayser stated it’s sloped. 1 of 5 ZBA 09/12/2017 Marc Benjamin explained to Mr. Kayser he can’t ask or be granted for anything more than what was advertised. He could request the board continue until next month and re-advertise to include the stairs; or look for approval on what was advertised and come back at a date and apply for the stairs if they can’t be figured into the deck area requested in the variance. Jennifer Kayser, 18 Maplewood Court property owner stated they had missed last month’s deadline by two days. She stated there is a 7 week build on the shed and she’s concerned it wouldn’t be done before winter and they have all their yard equipment to put in the shed. Marc Benjamin stated he could ask for the maximum that could be approved. Marc Benjamin stated that asking for a variance is asking to change the law and you’re supposed to ask for the minimum to function with it. Marc Benjamin stated when they rezoned the street everyone became noncompliant and will have to apply for variances. The Board said the residents could go to the City Council and have the area rezoned as the development didn’t happen. Marc Benjamin asked Mr. Kayser, where the deck is to be located. The fence he put in was 6” from the property line, and he wants to come back 26” from the property line for the location of the shed to be in line with the driveway. His hardship is the septic system, two drywells and the leach field. He has no other place to put the shed. Henry Olender was concerned that the deck may be too close to the septic. Mr. Kayser stated he had received approval from Uncas Health District. Marc Benjamin asked how large the shed would be. Mr. Kayser stated it would be 10’ x 14’. Discussion ensued on the dimensions from the shed and deck from the septic system. Marc Benjamin wanted to know if it could be moved closer to the house. Tim Kayser also stated that at the edge of the driveway it slopes and there is also a curtain drain that he installed with 15’ corrugated pipe with holes in it extends out to that area. The drain comes from the driveway and the retaining wall to keep the water away from the house. Mr. Kayser restated his hardships were the area was rezoned planned commercial (PC) and he can’t building anything without a variance because the back is sloped, the septic system, drain pipes, dry wells and retaining wall. Exhibit “K” was Uncas Health Districts (UHD) approval of the shed. There being no other speakers the public hearing was closed. Robert Phoenix made a motion to close the Public Hearing. Mark Kulos seconded the motion. Motion carried unanimously. 2. V# 17-07 – Application of John Fields for property located at 89 School Street, Taftville, in an R-40 residential zoning district. Assessor’s Map# 46, Block# 1, Lot# 22. Request a variance of sec. 1.1, Residential Bulk Requirements, to allow for the installation of a 10 ft. x 14 ft. shed 10 ft. from the northern property line. Dorothy Travers stated she needed to recuse herself. Marc Benjamin seated Robert Phoenix for Dorothy Travers. Richard Shuck entered into the record Exhibits "A-I". Page 2 of 5 ZBA 09/12/2017  John Fields, property owner 89 School Street Taftville presented. He stated he would like to build a 10' x 14' shed to store the belongings that are presently in the garage. Mr. Fields submitted Exhibit "J" elevation sketch. Marc Benjamin stated the property is built on a hill. Mr. Fields stated there is only a little bit of flat property to put the shed. Mr. Fields stated his hardships were because of the slope of the land. He explained after a stroke and 2 heart operations he needs to have his lawn equipment closer to the house in inclement weather. Marc Benjamin stating he's requesting 10' from the property line to place the shed. Mr. Benjamin asked Mr. Shuck what the requirement was. Mr. Shuck stated 30' and the house is in compliance with the 30'. Mr. Fields stated he had city sewer and a well. Mr. Fields explained that if the shed was moved further away he could not get to the shed in the winter. Henry Olender asked if he was presently using his garage. Mr. Fields stated no that he can't use it because the snow blower and other lawn equipment are in the garage. Mr. Olender stated it’s a nice, wooded secluded area and off the beaten path. Robert Phoenix asked about the conformity of the existing structure as it appeared to be pretty close to the 30'. Mark Kulos stated the shed isn't going to be attached to the house. There being no other speakers the public hearing was closed. Robert Phoenix made a motion to close the Public Hearing. Mark Kulos seconded the motion. Motion carried unanimously. H. DISCUSSION / DECISION ON APPLICATIONS 1. Application #V17-06 – Application of Timothy M. Kayser for property located at 18 Maplewood Court in Planned Commercial (PC) zoning district. Assessor’s Map# 122, Block# 1, Lot# 18. Request a variance of sec. 1.1, Residential Bulk Requirements, to allow for the installation of a 12 ft. x 20 ft. deck and stairs within 18 ft. from the northern property line, and the installation of a 10 ft. x 14 ft. shed 26 inches from the southerly property line. Marc Benjamin asked to look at the Uncas Health Districts approval. Richard Shuck stated this was for the shed approval as he had received separate approval for the deck. Dorothy Travers made a motion to APPROVE V17-06 with the hardships being the location had been rezoned by the City Council and they can't maximize the use of their property. They have to come before the Board for almost any construction they would like to do. This is the best location for the shed because of the septic system, drainage and leach fields, and the characteristics of the property because it is sloped, and it's very difficult to work on his property. He also wants to add on the 12' x 20' deck with the size of the property and the current zoning setbacks we should grant under the circumstances because the hardships existed with the property. She stated it’s the lay of the property, and the best possible location for the shed. Peter Cuprak seconded. He stated is hardships were the septic system and it's the only location for the shed. Marc Benjamin stated the request is to build the 12' x 20' deck, he wants to build walkway 6' to match steps on the side to extend to the 12' x 20' deck. Page 3 of 5 ZBA 09/12/2017 Mark Kulos stated he is keeping the side line where the deck is, it is not really extending it to the north side. The south side with the placement of the septic, dry wells, drain tiles underground drainage he is confined to the space indicated on the plan. It has been approved through UHD for the shed and deck. Robert Phoenix stated the deck hardship predated by the City Council decision to rezone the parcel of property based on future plans of development which in turn denies homeowners their full use and enjoyment of their property without coming to the Board. The shed subterranean structures are the hardship. Marc Benjamin stated he had no problems with the deck but he did have mixed feelings on the shed because he doesn't like putting a structure that close to someone else’s property line. Mr. Benjamin stated its 3' off the property line, he was looking to hold them to the standard of 10' with the way the neighborhood should have been. It possibly could have but they needed Uncas Health District approval. The shed would have to be 10' off the dry well. It could have been shifted 3' to 10' but Marc Benjamin was the minority. Marc Benjamin stated the rest of the board was fine with the 3', and he was also. Henry Olender asked if there were any objections from the neighbors. Marc Benjamin stated no. Marc Benjamin stated the hardships were the grade, plan of development and the location of the septic system. Mark Kulos stated if the applicant could fit the stairs into the 12' x 20' envelope for the deck they would be compliant, if not they would have to apply for another variance. After discussion motion carried unanimously. 2. V#17-07 – Application of John Fields for property located at 89 School Street, Taftville, in an R-40 residential zoning district. Assessor’s Map# 46, Block# 1, Lot# 22. Request a variance of sec. 1.1, Residential Bulk Requirements, to allow for the installation of a 10 ft. x 14 ft. shed 10 ft. from the northern property line. Dorothy Travers recused herself. Motion to APPROVE V#17-07 was made by Robert Phoenix, second by Marc Benjamin. Robert Phoenix stated the hardship is he doesn't have the full use and enjoyment of his property as it is laid out with considerable slope and a minor issues with his poor health. He didn't have any issue with the 10' setback the adjacent property is clearly 50' from the side property line to the building, and he’s not encroaching upon the neighbor. Mark Kulos stated his hardships were the slope of the land, even though it’s a large lot, and the neighbor next to him shows the back of their shed and garage to the applicant’s property. After discussion motion carried unanimously. Page 4 of 5 ZBA 09/12/2017 I. OTHER MATTERS: Marc Benjamin asked if there was any new information on 684 West Main St. Richard Shuck stated there is nothing new. Mr. Shuck stated a bill passed that negates abandonment and will cause the City to require improvement location surveys to be submitted prior to demolition if an applicant does not formally abandon the use. He also stated an FOI request for 684 West Main St. had been received which is very time consuming. J. ADJOURNMENT A motion was made by Robert Phoenix to adjourn at 8:05 p.m. It was second by Peter Cuprak. The motion carried unanimously. Respectfully submitted, Linda Lee Smith Recording Secretary Page 5 of 5 ZBA 09/12/2017