Government

Valley Road Homeowners Seek Variances for Barn, Pool Pavilion

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The owners of a Valley Road home in the two-acre zone are seeking permission from the town to install a barn and open-air pool pavilion within the side yard setback. Under the New Canaan Zoning Regulations, the minimum side yard setback for accessory structures in the two-acre zone is 35 feet (see page 60). 

The owners of the 3.73-acre parcel at 879 Valley Road are seeking two variances from the Regulations from the Zoning Board of Appeals—the barn would be located 12 feet from the property line, the pergola 29 feet, according to an application for the variances. In a statement of hardship that forms part of their application, owners Robert and Ashley McNeal note that theirs is a rear-lot at the end of a shared private drive shared by two other homeowners. “The property is 3.73 acres, with approximately 2.5 of the 3.73 acres defined as either conservation area, wetlands, easement, and access area,” they said in the statement. “The shape of the lot is narrow in nature and generally characterized as irregular and non-conforming.”

The ZBA is scheduled to take up the application at its regular meeting  at 7 p.m. Monday. 

One direct neighbor, Jeffery Wyble of 881 Valley Road, submitted a letter of support for the application “to incorporate a small barn and pool pavilion on their property which will be located near the property boundary line of our two properties.”

“Rob McNeal explained his family’s wishes and plans for these structures, which was much appreciated,” Wyble said in his letter to the town planner.

Government

Homeowner Seeks After-the-Fact Variance for Pool

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Saying a contractor inadvertently located an inground swimming pool about 18 inches into a setback, a local homeowner is seeking an exception under the New Canaan Zoning Regulations so that it can remain as it is. Under the New Canaan Zoning Regulations, the side yard setback for accessory structures in the two-acre zone is 35 feet (see page 60). The owners of 278 Davenport Ridge are seeking an after-the-fact variance to the regulation for an 800-square-foot pool built behind their house by Darien-based Swimm Pools Inc., according to a narrative that forms part of their application. 

“Swimm inadvertently measured the pool from the edge of the water to the setback while New Canaan regulations measure pools from the coping to the setback,” Christopher and Kimberly Pepe wrote in their narrative. “This created the current violation of 17 inches and 18 inches violation to both side yard setbacks.”

The Zoning Board of Appeals is scheduled to take up the application at its regular meeting at 7 p.m. Monday. A presentation submitted to the ZBA (and available for viewing here) includes photos that show a narrow coping around the pool.

News

Parish Road Homeowners Seek Permission for Home Modifications, Addition of 3-Car Garage

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The owners of a property on the corner of Parish Road and Parish Lane are seeking permission from the town to build a new three-car garage on their 1.13-acre property. Under the New Canaan Zoning Regulations, the total allowable building lot at 11 Parish Lane is 3,717 square feet. The addition of the attached garage, planned together with modifications to an existing 3,374-square-foot home, requires a variance from the Zoning Board of Appeals. “My client has been living at this home since 2016 and love the home and the neighborhood,” architect Dan Radman of New Canaan-based RADMAN Architects wrote on behalf of the homeowners in a Feb. 14 Statement of Hardship to the town. 

“But their family is growing, with 2 young boys and a 3rd on the way,” he continued.

Business

New Restaurant Planned for Elm Street

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A new restaurant is planned for a vacant commercial space on Elm Street, documents show. 

Floor plans submitted to Planning & Zoning show a 21-table restaurant with a 15-seat bar at 105 Elm St., most recently accessories retailer FatFace. 

The proposal for the commercial space has received a letter of support from Z Hospitality Group, according to P&Z. The company owns six restaurants, according to its website, including Solé in New Canaan, located next door to the proposed new business. It’s unclear what type of restaurant is planned. The property’s owner, Donald Hersam Jr., is seeking an exception to section of the New Canaan Zoning Regulations in order to allow the restaurant. 

Under the zoning regulations, the gross floor area of the second floor of any building in the business district cannot exceed by more than 15% percent of the gross floor area of the first floor of the same building (see page 89). According to a narrative that accompanies Hersam’s application to the Zoning Board of Appeals for a variance, the project requires 20% of the gross floor area of the first floor.

Government

Orchard Drive Homeowners Seek ZBA’s Permission for Pool Equipment Storage Area

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The owners of a Cape Cod-style home on Orchard Drive are seeking permission to use a concrete pad on the side their house to store equipment for a planned pool. The concrete pad at 100 Orchard Drive currently is used for an above-ground oil tank, according to an application for a variance filed on behalf of the property owners by attorney David Rucci of New Canaan-based Lampert, Toohey & Rucci LLC. Under the New Canaan Zoning Regulations, the minimum side yard setback for accessory structures in the A Residential Zone is 10 feet (see page 59 here). The existing concrete pad is five feet from the property line, while the pool equipment itself will be about 4.5 feet from the property line, the application said. “The applicant’s proposal is to construct a 14-by-14-foot small pool in the rear yard of the property,” Rucci wrote in a narrative that forms part of the application, filed on behalf of property owners Pieter and Rowena Bergmans. 

“While the pool itself will be in compliance with all zoning regulations the pool equipment location is proposed to be sited on an existing concrete pad in the side yard setback.