The URL can be used to link to this page

Home My WebLink AboutStaff ReportTOWN OF MONTVILLE ZONING BOARD OF APPEALS STAFF REPORT 210-ZBA-6 DATE: September 21, 2010 APPLICANT: Richard C. Cullen ADDRESS: 467 Chesterfield Rd. Oakdale CT 06370 ASSESSOR'S MAP # 20 LOT # 3-4 TYPE: USE VARIANCE FOR SECTION 4.6.2.3 (3) HOME OCCUPATION PERMIT. REQUIRED R-80 ZONE 80,000 SF FRONTAGE 180 FEET SETBACKS FRONT/REAR 50FT/50FT SETBACKS SIDE 20 FT WATER & SEWER WELL & SEPTIC COMMENTS Original Home Occupation permit issued on 5/19/05. This was for a home office. The applicant operates a tree service known as Tomorrows Trees. Complaint filed July 2010. Zoning application made to allow for storage of equipment and to allow for employee’s to access site. DENIED by Planning & Zoning Commission August 2010. Request is for a variance of Section 4.6.2.3 (3). This does not take into consideration the other requirements of Section 4.6.2.3 that need to be considered. See Home Occupation Section and Application form. RECOMMENDATIONS: Deny the request. The variance request does not include the other criteria consider by the Planning and Zoning Commission in making its decision. The granting of a variance for a use permit must also consider future expansion of the use. The variance is assigned to the land not the owner. MOTION: Motion to deny application number 210-ZBA-6, request for a variance of Section 4.6.2.3 (3), for property located at 467 Chesterfield Road Shown on Assessor’s Map 20 Lot 3-4. Reason for denial: The application is incomplete. It does not address all the criteria required to issue a permit. The intensity of this type of business is not conducive to operating in a residential area. There is no unusual hardship or exceptional difficulty that would deprive the applicant of a reasonable use of the land. SECTION 7. R-80 DISTRICT 7.1 PURPOSE These areas contain large amounts of reasonably good building land, but are not conveniently located with respect to existing and planned utility service areas. The intent is that the density of development in these areas be low enough to permit dependence on individual wells and septic systems far into the future. 7.2 PERMITTED USES The following uses shall be permitted within this district: 7.2.1 Single-family dwelling 7.2.2 Farm 7.2.3 Parks and playgrounds 7.2.4 Public utility substation or equipment facility, utility right-of-way, railroads 7.2.5 Governmental offices, libraries, schools, police and fire protection facilities 7.2.6 Nursery school and day care facility serving up to six (6) children 7.2.7 DELETED 10/11/97 7.2.8 Seasonal roadside stands for farm produce 7.2.9 Accessory buildings and uses 7.2.10 Home occupations 7.3 SPECIAL PERMITS The following uses may be permitted if approved by the Commission in accordance with the provisions of Section 17 of these Regulations. 7.3.1 Kennel 7.3.2 Winery 7.3.3 DELETED 10/11/97 7.3.4 Recreational camps and other large scale uses such as riding academies, stables, sportsmen's clubs and golf courses 7.3.5 Temporary gatherings such as fairs or outings 7.3.6 Churches and other places of worship 7.3.7 Ambulance facilities 7.3.8 Community Centers 7.3.9 Nursery school and day care facility serving more than six (6) students 7.3.10 Excavation of earth materials 7.3.11 Cemeteries 7.3.12 Transmission tower 7.3.13 Cluster development 7.3.14 Water dependent uses consistent with Connecticut Coastal Area Management Act **AMENDED EFFECTIVE 4/10/99 7.3.15 Age Restricted Housing Community 7.4 MINIMUM LOT SIZE The minimum lot size in this district is 80,000 square feet 7.5 MINIMUM LOT FRONTAGE Each lot in this district shall have at least 180 feet of frontage on a street. 7.6 MINIMUM SETBACKS 7.6.1 FRONT YARD 50 feet 7.6.2 SIDE YARD 20 feet 7.6.3 REAR YARD 50 feet 7.6.4 No farm building or manure pit may be located within 150 feet of any property line 7.7 MAXIMUM BUILDING HEIGHT No building shall exceed thirty-five (35') feet in height. 7.8 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. 7.9 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. 7.10 SIGNS All signs in this district shall conform with the provisions of Section 20 of these Regulations. 4.6.2 HOME OCCUPATION PERMITS 4.6.2.1 Definition A home occupation is defined as any business or commercial activity that is conducted from property that is zoned exclusively for residential use and is an owner-occupied structure. 4.6.2.2 Purpose The purpose of this section is to regulate the conduct of business in residential areas; ensure compatibility of home occupations with other uses permitted in residential districts; maintain and preserve the character of residential neighborhoods. 4.6.2.3 Conditions and criteria 1. Not more than 25% of the floor area of the principal building shall be used for a home occupation. 2. The occupation shall be carried on wholly within an enclosed building. No outside storage of material shall be permitted. Indoor storage of materials or products shall not exceed the limitations imposed by building, fire, or health codes. 3. No one other than bonafide residents of the dwelling shall be employed in the conduct of the home occupation. The applicant must show proof of residency. The property owner must sign the request for the home occupation permit. 4. There shall be no entrance or exit specifically provided in the dwelling or on the premises for the conduct of the home occupation. 5. Direct sales of products off display shelves or racks is prohibited. 6. No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by such home occupation shall be met off the street and other than in a required front yard. Deliveries from commercial suppliers shall not restrict traffic circulation. 7. The home occupation shall not cause any external effect associated with the home occupation, such as increased noise, excessive lighting, or offensive odor, which is incompatible with the characteristics of the residential zone, or in violation of the provisions of any applicable government code. There shall be no illegal discharge of any materials, fluids, or gases into the sewer system or any other manner of discharging such items in violation of any applicable government code. 8. The following uses are specifically prohibited from being home occupations (1) vehicle repair and modification; (2) restaurant; (3) massage parlor; (4) tavern; (5) club; (6) tattoo parlor; (7) repair of heavy equipment or machinery. 9. Animal hospitals and veterinarians’ office are restricted to R- 120 and WRP-160 zones. A barber or beautician is limited to 2 stations and location must be served by public water and sewer. 10. There shall be no exterior evidence that a home occupation exists on the premises other than a sign which does not exceed 2 square feet in size. 11. The initial permit shall be granted for one year at which time the applicant shall notify the abutting property owners of the intent to renew the permit. **AMENDED EFFECTIVE OCTOBER 1, 1994 PERMIT NUMBER_______________ HOME OCCUPATION PERMIT APPLICATION APPLICANT/OWNER________________________________________________________ ________ PROPERTY LOCATION_________________________________________________________ ASSESSOR’S MAP/LOT NUMBER_____________________ZONE______________________ BUSINESS NAME_____________________________TELEPHONE______________________ DESCRIPTION OF BUSINESS____________________________________________________________________ _____________________________________________________________________________ PRODUCT? SERVICE ? ITEM YES NO ANY PART OF BUSINESS TO BE IN SECONDARY STRUCTURE? AREA TO EXCEED 25% OF FLOOR AREA? (PROVIDE SKETCH) SEPARATE ENTRANCE REQUIRED? ANY EMPLOYEES OTHER THAN RESIDENTS? SIGN REQUESTED? (SKETCH REQUIRED IF YES) ARE CLIENTS/CUSTOMERS TO COME TO THE SITE? PARKING REQUIREMENTS FOR EMPLOYEES & CLIENTS? ANY HAZARDOUS MATERIALS? ANY OUTSIDE STORAGE? INITIAL PERMIT GRANTED FOR ONE (1) YEAR. SIGNED:______________________________________ APPLICANT SIGNED:______________________________________ PROPERTY OWNER IF NOT APPLICANT __________________________________________ ________________________ ZONING OFFICIAL DATE