08/25/2021 Zoning Board of Appeals Minutes
Subject to Approval
ZONING BOARD OF APPEALS-MEETING MINUTES
WEDNESDAY, August 25, 2021
The public hearing was web-based on Zoom at https://zoom.us/j/2574297243
Meeting ID: 257 429 7243
I. CALL TO ORDER - Mr. Antonio called the meeting to order at 7:00pm.
II. ROLL CALL
1. Appointment of Alternatives: Ali Rice promoted as full voting member
Present: Steven Antonio, Mark Freeman, Joshua Michelson, Ram Kaza
Absent: JoAnn Hogan, Sharon Thomas, and Stacey Walczak
III. APPLICATIONS
1. Public Hearings
A. Application #21-10 of Freedom Property LLC, Applicant Luke Florian / Iron Horse LLC Owner for a variance of the Simsbury Center Code Section 2.4.2 G to allow construction of parking, a carport and dumpster enclosure within the rear yard setback at the property located at 969 Hopmeadow Street (Assessor’s Map H08, Block 116, Lot 041). Zone SCZ
• Attorney TJ Donahue and Owner Luke Florian presented the application also present was the Engineer for the project Mr. Bovee. The continuation of the public hearing from July 28, 2021 was noted. Mr. Florian’s Engineer was present to explain the layout of the parking and the alternatives that were explored. In looking at the need for more parking for long term tenants and guests the design removed a pool in the rear of the building and proposed a retaining wall to accommodate covered parking a dumpster and a row of uncovered parking. The alternative was to put in a single row of parking for a one way loop for traffic. This would cause parking to be located in the front yard to yield the same amount of spaces and would require a secondary curb cut in close proximity to a signalized intersection and the entrance to an adjoining apartment complex to the north. Outside of the esthetic change to the front of the property concerns for circulating traffic if a driver tried to have a spot to the rear or north and found the spaces full they would have to go back out onto Hopmeadow and re-enter the property. This appeared to increase safety hazards.
• There were members of the public present. Seth Joseph who abuts the applicant to the west inquired about the view of the car ports from his residence and the design of the retaining wall. The owner Luke Florian was not opposed to screening and the Engineer stated that the retaining wall was not significant enough to require geotechnical analysis. The abutter to the South, Dr. Williams, raised concerns about screening along his building and the condition of the existing chain link fence and trees. The application was closed by Mr. Antonio.
2. Discussion and Possible Action
B. Application #21-10: of Freedom Property LLC, Applicant Luke Florian / Iron Horse LLC Owner for a variance of the Simsbury Center Code Section 2.4.2 G to allow construction of parking, a carport and dumpster enclosure within the rear yard setback at the property located at 969 Hopmeadow Street (Assessor’s Map H08, Block 116, Lot 041). Zone SCZ
• Commissioner Rice stated that due to the layout and the need for safe turning radiuses and seeing the alternatives had other issues that made this a better option the hardship was apparent. For conditions she saw the need for screening to the west where the residential house looks down onto the proposed carports. She was not sure about the authority to condition screening along the southern property line because it was not directly involved with the 2 foot variance to the west. It seemed remote to the application.
• Commissioner Freeman agreed that the hardship was valid and that the design appeared to try and minimize the encroachment.
• Commissioner Kaza was also in agreement
• Commissioner Michelson agreed and felt screening would be appropriate and recognized that the applicant seemed open to the idea and willing to accommodate such a condition
• Commissioner Antonio Agreed with the hardship, he felt that conditioning screening to the west should be for a tree planting for the screening. The fact that the residential home to the west sits very high above the applicant’s property, evergreen shrubs would be no more effective than the existing fence when you looked from inside the home. As for the condition for the screening to the south, Commissioner Antonio pointed out that the ZBA does have the right to look at esthetics when judging an application. The commission may not be able to require pruning or maintenance of existing trees and may not be able to condition the chain link fence but the additional parking can have an impact on the building to the south. With that commissioner Antonio felt comfortable conditioning the application with the screening to the South, noting he could not require a specific shrub or spacing as Dr. Williams requested. The commissioners agreed with the conditions as presented.
MOTION: Commissioner Antonio made the motion to approve Application #21-10: of Freedom Property LLC, Applicant Luke Florian / Iron Horse LLC Owner for a variance of the Simsbury Center Code Section 2.4.2 G to allow construction of parking, a carport and dumpster enclosure 2 feet within the rear yard setback at the property located at 969 Hopmeadow Street (Assessor’s Map H08, Block 116, Lot 041). Zone SCZ, with the condition that adequate screening is provided to the west and to the south as to mitigate any visual impacts to neighboring properties..
Commissioner Kaza seconded the motion, all voted in favor (5-0-0).
IV. APPROVAL OF MINUTES of the WEDNESDAY June 23, 2021 and July 28, 2021 regular meetings.
• Commissioner Antonio made a motion to approve the minutes from the June 23, 2021 and July 28,2021regular scheduled meetings as presented. Commissioner Rice seconded.
MOTION: All in favor, no opposed, no abstentions (5-0-0).
V. ADJOURNMENT Commissioner Freeman made a motion to adjourn the meeting. Commissioner Rice seconded the motion. The meeting adjourned at 7:56 pm.
MOTION: All in favor, no opposed, no abstentions. (5-0-0)
Respectfully Submitted,
Thomas Hazel
Assistant Town Planner