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Home My WebLink AboutStaff ReportTOWN OF MONTVILLE ZONING BOARD OF APPEALS STAFF REPORT DATE: 4/6/11 APPLICANT: GARHARD C. LEITKOWSKI, JR. ADDRESS: 36 BERGMAN DR. UNCASVILLE, CT ASSESSOR'S MAP # 17 LOT # 24 TYPE: VARIANCE OF SECTION 9.4 MINIMUM LOT SIZE REQUIRED EXISTING PROPOSED R-20 ZONE 20,000 SF W SEWERS/40,000W/O 25,700 SF SAME FRONTAGE 100 FEET 167.69 FEET SAME SETBACKS FRONT/REAR 40 FEET SF 39+/-F/40+R SAME SETBACKS SIDE 15 FEET MEETS OR EXCEEDS SAME WATER & SEWER WELL & SEPTIC WELL & SEPTIC COMMENTS ZEO: PROPERTY IS PRE-EXISTING NON-CONFORMING, DUE TO PRIVATE ROAD AND LOT SIZE WITHOUT SEWER. ORIGINAL DWELLING WAS CONSTRUCTED IN 1956 BEFORE BOTH SUBDIVISION AND ZONING REGULATIONS. THE EXPANSION OF ATTACHED GARAGE WITH FINISHED AREA ABOVE IS ALLOWED BY SECTION 4.13.7 OF THE REGULATIONS. APPLICANT WOULD LIKE TO USE THE FINISHED AREA ABOVE THE GARAGE AS A DWELLING UNIT. THIS NEEDS SPECIAL PERMIT APPROVAL BY PLANNING & ZONING. THE PROPERTY IS LOCATED IN A GENERALLY RESIDENTIAL NEIGHBORHOOD WITH A MIXTURE OF SINGLE AND MULTI-FAMILY DWELLINGS AND SOME INDUSTRIAL USES TO THE EAST. RECOMMENDATIONS: THESE QUESTIONS NEED TO BE ADDREESED. WILL ACTIVITY HAVE ADVERSE AFFECT ON PUBLIC HEALTH & SAFETY? DOES THE PROPOSAL BLEND IN WITH THE CHARACTER OF THE NEIGHBORHOOD? NEED WAIVER ON SITE PLAN. 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. 4.13 NON-CONFORMING LOTS AND USES, AND STRUCTURES A non-conforming use, lot, or structure is one which existed lawfully, whether by variance or otherwise, prior to the original date of these Regulations, or any amendment thereto became effective, and which fails to conform to one or more of the applicable requirements of these Regulations or any amendment thereto. 4.13.1 For the purposes of these Regulations, a non-conforming use shall be defined as a use of land and/or building which lawfully existed prior to the enactment of the Zoning Regulations or any amendment thereto, which does not comply with the uses permitted within the zoning district in which it is located and which has been continuously maintained since the enactment of the Zoning Regulations. 4.13.2 No non-conforming use of land or structure shall be enlarged, extended, expanded or altered except in changing the use to one which is permitted in the District in which the use is located. 4.13.3 When a non-conforming use has been changed to a conforming use, it shall not hereafter be changed to any use not permitted in the District in which the use is located. 4.13.4 Any non-conforming use or structure which has been abandoned shall not there- after be reestablished. The term abandonment, as used herein, shall mean the voluntary discontinuance of a use, when accompanied by intent not to reestablish such use. In the case of a structure, use of land, or combination thereof, the discontinuance of the non-conformity for twelve (12) consecutive months or for a total of eighteen (18) months during any three-year period shall constitute abandonment. 4.13.5 For the purposes of these Regulations, a non-conforming lot shall be defined as a lot which was separately owned prior to the enactment of the Zoning Regulations or any amendment thereto or which is located in and part of a subdivision plan which has been given final approval by the Planning and Zoning Commission and filed in the land records of the Town prior to the date of the Zoning Regulations. No lot may be divided or subdivided if the division or subdivision will result in the creation of a non-conforming lot. 4.13.6 Lots for single family detached residences which meet the definition of non conforming lot in Section 4.13.5 which have a total area or lot frontage less than the minimum required in the district may be used for single family detached residences provided such lots shall conform to use regulations and all other applicable setback requirements of the district or the Table which follows: FRONTAGE MINIMUM SIDE YARD WIDTH 0 to 55 feet 5 ft, but the sum of both yards not less than 35 % of lot width 56 to 65 feet 8 ft, but the sum of both yards not less than 33% of lot width 66 to 75 feet 10 ft, but the sum of both yards not less than 33% of lot width Lots having less than 30 ft. of frontage on a town accepted road must be served by a perpetual R. O. W. as evidenced by deed recorded in the Town land records. Said R. O. W. must be unobstructed and maintained so as to be accessible for emergency vehicles. For the purposes of this table, round fractions of a foot off to the next lowest whole number. 4.13.7 In order to assure that structures containing non-conforming uses will be maintained in a safe condition for so long as such non-conforming use continues nothing in these Regulations shall be deemed to prohibit work done as ordinary maintenance, or repair or replacement of walls, ceilings, floors, fixtures, electrical or plumbing provided such work does not expand or increase the non-conformity. For residential structures, expansion, modification or alteration is permitted provided that no new non-conformity or increased encroachments into required setbacks or height limitations results, or no non-conforming use is expanded. 4.13.8 Nothing in these Regulations shall be deemed to prohibit the restoration of any non-conforming structure and its use where such structure has been destroyed by means out of control of the owner, provided the restoration of such structure and its use in no way increases any former non-conformity and provided further that restoration of such structure is begun within one year after the date of such destruction and all construction is diligently pursued to completion within two years following the date of such destruction. 4.13.9 No requirement contained in Section 4.3 thru 4.13.8 shall supersede the provision of Section 8-26a, 8-28a, 8-28b, 8-29, 8-6, and 8-7 of the Connecticut General Statutes. SECTION 9 - R-20 DISTRICT 9.1 PURPOSE These areas comprise the urban portions of Montville. In addition to being served by existing or planned public utilities, these areas are close to governmental, commercial and transportation facilities. They are also close to or include areas of existing high- density residential developments. 9.2 PERMITTED USES The following uses shall be permitted within this district: 9.2.1 Single-family dwelling 9.2.2 Parks and playgrounds 9.2.3 Public utility substation or equipment facility, utility right-of-way, railroads 9.2.4 Governmental offices, libraries, schools, police and fire protection facilities 9.2.5 DELETED 10/11/97 9.2.6 Parking lots and garages 9.2.7 Nursery school and day care facility serving up to six (6) children 9.2.8 Accessory buildings and uses 9.2.9 Home occupation 9.3 SPECIAL PERMITS The following uses may be permitted if approved by the Commission in accordance with the provisions of Section 17 of these Regulations. 9.3.1 Cluster Development 9.3.2 Multi-family dwellings 9.3.3 Elderly housing developments 9.3.4 Manufactured home parks--must comply with Section 17.10 9.3.5 Convalescent hospitals 9.3.6 Temporary gathering such as fairs or outings 9.3.7 Churches and other places of worship 9.3.8 Ambulance facilities 9.3.9 Community centers 9.3.10 Nursery school and day care facility serving more than six (6) children 9.3.11 DELETED 10/11/97 9.3.12 Cemeteries 9.3.13 Two-family dwellings 9.3.14 Age Restricted Housing Community 9.4 MINIMUM LOT SIZE The minimum lot size in this district is 20,000 square feet for single-family dwellings if the lot is served by public sewers. If the lot is not served by public sewers, minimum lot size is 40,000 square feet. Cluster developments shall conform with the provisions of Section 17 of these Regulations. For elderly housing developments, the minimum lot area shall be 4,000 square feet per dwelling unit. For manufactured home parks, the minimum lot area shall be 10,000 square feet per dwelling unit. For multi-family developments, the maximum density shall be one dwelling unit per 10,000 square feet of lot area. 9.5 MINIMUM LOT FRONTAGE Each lot shall have at least 100 feet of frontage on a street. 9.6 MINIMUM SETBACKS 9.6.1 FRONT YARD 40 feet MULTI-FAMILY 50 feet 9.6.2 SIDE YARD 15 feet MULTI-FAMILY 40 feet 9.6.3 REAR YARD 40 feet MULTI-FAMILY 40 feet 9.7 MAXIMUM BUILDING HEIGHT No building shall exceed thirty-five (35') feet in height. 9.8 ENVIRONMENTAL PROTECTION Any improvements proposed to be located within the wetlands buffer, as set by the Wetlands Commission, or have any impact on the wetlands shall require approval by the Wetlands Commission and meet the Health Code of the State of Connecticut. **AMENDED effective 5/13/96. 9.9 OFF-STREET PARKING Off-street parking shall be provided for each lot in this district in accordance with the provisions of Section 19 of these Regulations. 9.10 SIGNS All signs in this district shall conform with the provisions of Section 20 of these Regulations