HomeMy WebLinkAboutSTAFF REPORTTOWN OF MONTVILLE
ZONING BOARD OF APPEALS
STAFF REPORT
207-ZBA-8
DATE: 7/5/07
APPLICANT: GREEN FALLS ASSOCIATES, LLC
OWNER: ARTHUR W. DEGEZELLE
ADDRESS: SOUTHEASTERLY SIDE OF CHERRY LANE
ASSESSOR'S MAP # 53 LOT # 3
TYPE: SIDE AND REAR YARD SETBACK VARIANCE OF SECTION 5, WRP-160 ZONE.
REQUIRED EXISTING PROPOSED
WRP-160 160,000 13,683 SF SAME
FRONTAGE 200 FEET 100 FEET SAME
SETBACKS FRONT/REAR 75FT/75FT 104 FRONT/45.8 REAR
SETBACKS SIDE 30 FT 9.1 FEET
WATER & SEWER WELL & SEPTIC WELL & SEPTIC WELL & SEPTIC
COMMENTS
ZEO: ATTORNEY HELLER ‘S NARRATIVE EXPLAINS THE LEGAL STATUS OF THE LOT.
THE HEALTH DEPT. HAS REVIEWED THE PLANS AND APPROVED THE SEPTIC DESIGN.
RECOMMENDATIONS: THE LOT IS PRE EXISTING, FAILURE TO GRANT VARIANCE WILL
DEPRIVE THE OWNER OF THE REASONABLE USE OF THE LAND.
MOTION: APPROVE APPLICATION # 207-ZBA-8 FOR A REAR YARD REDUCTION FROM 75
FT TO 45.8 FT AND A SIDE YARD REDUCTION FROM 30 FT TO 9.1 FT AND 9.8 FT AS
SHOWN ON SUBMITTED PLAN.
REASON STATEMENT
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.
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