HomeMy WebLinkAbout217ZBA2 StaffReport 1 09062017.doc48 POLLY'S LANE
48 Polly's Lane
Montville, CT
September 6, 2017
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H:\CurrentProjects\ZBA\2017\48 Polly's Lane (217 ZBA 2)\STAFF\217ZBA2 StaffRep 1 09062017.doc
TOWN OF MONTVILLE
ZONING BOARD OF APPEALS
STAFF REPORT
DATE: September 6, 2017
TO: Montville Zoning Board of Appeals
FROM: Liz Burdick, Zoning & Wetlands Officer
RE: Application# 217-ZBA-02 – 48 Polly’s Lane - Application of
Glen S. Almeida for Front Yard and Side Yard Setback Variances to
Construct an Attached Garage.
______________________________________________________________________
Above-referenced application is for a 1.67’ variance of the minimum required 40’front yard
setback per ZR Sec. 9.6.1 (R-20 Front Yard Setback) and a 1.77’ variance of the minimum
required 15’ side yard setback per ZR Sec. 9.6.2 (R-20 Side Yard Setback) to allow the
construction of 24’ x 30’ attached garage located a distance of 31.98’ to the (west) front boundary
line and 13.23’ to the (north) side boundary line.
48 Polly’s Lane (Map 103, Lot 46) is a legally existing, non-conforming lot located in the R-20
residential zone on .42 acres (18,361SF) with 100.07 feet of frontage on Polly’s Lane. The site is
developed with a single-family residence that is non-conforming with regard to its front yard
setback, which, at its closest point from the front landing, is located 33.65’to the front boundary
line. The site is served by a private well & public sewer.
Applicant proposes to construct an attached, 24’ x 30’ garage to the existing dwelling, which
garage is proposed to be located 31.98’ to the front boundary line and 13.23’ to the north side
boundary line as shown on a plan entitled “Sketch Plan to Accompany Variance Application,
Glen S. Almeida, 48 Pollys Lane, Uncasville, CT, Prepared by Mattern & Stefon, Dated August
2017” and more further described on a floor plan, dated September 1, 2017.
The Applicant states, “The property on which the current house sits was created prior to the
enactment of zoning regulations in the Town of Montville and is validly non-conforming in area.
Due to the configuration of the lot, the placement of the house on the lot prior to the enactment of
zoning regulations and the location of the basement egress to the dwelling house, there is no other
location on the lot for the placement of an attached garage. The proposed garage cannot be
moved further from the street line without compromising ingress to and egress from the basement
in the existing dwelling home.”
In closing, C.G.S. Section 8-7 states, in relevant parts, “Whenever a zoning board of appeals
grants or denies any special exception or variance in the zoning regulations applicable to any
property …it shall state upon its records the reason for its decision and the zoning bylaw,
ordinance or regulation which is varied in its application or to which an exception is granted and,
when a variance is granted, describe specifically the exceptional difficulty or unusual hardship on
which its decision is based.”
Please contact me at the Planning Dept. at (860) 848-6753 with any questions. Thank you.
C: Harry B. Heller, Esq., Heller, Heller & McCoy
Glen S. Almeida, Property Owner
File - Planning Dept.
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H:\CurrentProjects\ZBA\2017\48 Polly's Lane (217 ZBA 2)\STAFF\217ZBA2 StaffRep 1 09062017.doc
48 Polly’s Lane – Front View
48 Polly’s Lane – Side View
217ZBA02 – 48 Polly’s Lane, Uncasville, CT
DRAFT MOTIONS
If the Commission is inclined to grant the variances requested in this application, the following
language for a motion of approval is suggested:
M O T I O N (A Motion to Approve)
After giving due consideration to all relevant factors, including those in Section 22.2 of the
Montville Zoning Regulations (“Regulations”) and Sections 8-6 & 8-7 of the Connecticut
General Statutes, I make a motion to GRANT the variance as requested in Application
#217ZBA2 as follows: A 1.67’ variance of the minimum required 40’front yard setback per ZR Sec.
9.6.1 (R-20 Front Yard Setback) and a 1.77’ variance of the minimum required 15’ side yard setback per
ZR Sec. 9.6.2 (R-20 Side Yard Setback) to allow the construction of 24’ x 30’ attached garage located a
distance of 31.98’ to the (west) front boundary line and 13.23’ to the (north) side boundary line.
The findings for the granting of the variances are:
- 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 Montville Zoning Regulations
and the variance would be in harmony with the general intent & purpose of the Montville Zoning
Regulations &would conserve the public health, safety, convenience, welfare and property
values; and
- The exceptional difficulty or unusual hardship on which the decision is based is as
follows:
STATE EXCEPTIONAL DIFFICULTY OR UNUSUAL HARDSHIP(S)
If the Board is inclined to deny variances requested in this application, the following language
for a motion of denial is suggested:
M O T I O N (A Motion to Deny)
After giving due consideration to all relevant factors, including those in Section 22.2 of the
Montville Zoning Regulations (“Regulations”) and Sections 8-6 & 8-7 of the Connecticut
General Statutes, I make a motion to DENY the variance as requested in Application #217ZBA2
as follows: A 1.67’ variance of the minimum required 40’front yard setback per ZR Sec. 9.6.1 (R-20
Front Yard Setback) and a 1.77’ variance of the minimum required 15’ side yard setback per ZR Sec.
9.6.2 (R-20 Side Yard Setback) to allow the construction of 24’ x 30’ attached garage located a distance
of 31.98’ to the (west) front boundary line and 13.23’ to the (north) side boundary line.
The reasons for the denial on which said decision is based is that there is no finding of unusual
difficulty or exceptional hardship as follows:
STATE REASONS FOR DENIAL