HomeMy WebLinkAboutStaff ReportC:\Users\twilliams\AppData\Local\Temp\STAFF REPORT_146105\STAFF REPORT.docx
TOWN OF MONTVILLE
ZONING BOARD OF APPEALS
STAFF REPORT
208-ZBA-6
DATE: 8/6/08
APPLICANT: Joseph & Michele Tycz
ADDRESS: Beach Lane
ASSESSOR'S MAP # 108 LOT # 116
TYPE: VARIANCE, See Chart on Site Plan.
REQUIRED EXISTING PROPOSED
R-80 ZONE 80,000 SF SF
FRONTAGE 180 FEET FEET
SETBACKS FRONT/REAR 50FT/50FT
SETBACKS SIDE 20 FT
WATER & SEWER
COMMENTS
ZEO
There are several setback variances requested (SEE SITE PLAN). This is not uncommon for this
area. The Board has granted similar requests before as long as the structure does not encroach
on others. There is a question as to the legal rights to the Right-of-Way; however, this has been
addresses to the satisfaction of the Town Attorney (SEE E-MAIL). The Health Department has
reviewed the plans with the proposed well & septic locations, any changes that will require
relocation of the structure will require a new application.
MOTION: To Approve Variance requests of Application 208-ZBA-6 as shown on the plan titled
“Plan Showing Property of Joseph & Michele Tycz Beach lane/Oxoboxo Lake Oakdale, Ct
06370”, Dated July 4, 2008. With the conditions: 1) that a note be placed on the plan stating that
The Montville Zoning Board of Appeals is not rendering a finding or conclusion on the issue of
title to the subject right-of-way; 2) that the revised plan be filed on the land records.
ZBA REASON STATEMENTS
THE SPECIFIC CONDITIONS ON THE SITE ARE UNIQUE TO THE APPLICANT’S LAND AND DOES NOT
GENERALLY AFFECT THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE LITERAL ENFORCEMENT OF THE PROVISIONS OF THE REGULATIONS WOULD RESULT IN AN UNUSUAL
HARDSHIP OR EXCEPTIONAL DIFFICULTY AND WOULD DEPRIVE THE APPLICANT OF THE REASONABLE USE
OF THE LAND.
THE UNIQUE CONDITIONS AND CIRCUMSTANCES ASSOCIATED WITH THE REQUEST ARE NOT THE RESULT OF
ACTIONS OF THE APPLICANT TAKEN SUBSEQUENT TO THE ADOPTION OF THE ZONING REGULATIONS.
THE VARIANCE WOULD BE IN HARMONY WITH THE GENERAL INTENT AND PURPOSE OF THE ZONING REGULATIONS, AND WOULD CONSERVE THE PUBLIC HEALTH, SAFETY, CONVENIENCE, WELFARE, AND
PROPERTY VALUES.