Ben Bilus

ZBA To Homeowners: We’d Deny Your Application for an Outdoor Patio

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Saying there’s no evidence of a hardship that would warrant a one-off exception from the New Canaan Zoning Regulations, town officials on Monday night told the owners of a Welles Lane home that they would deny an application for a variance to create a covered patio. Though the Zoning Board of Appeals did not formally vote down the application for 54 Welles Lane, the appointed body’s members told homeowners Altin Tirana and Jorida Banda that they should figure out another way to get a covered 530-square-foot patio on the 2.15-acre property. “Unfortunately, our hands tied because these are town ordinances,” Chair Laura Edmonds said during the meeting, held via videoconference. She referred to what’s required for a variance as well as what counts toward building coverage, under the Zoning Regulations. 

The homeowners’ plan for a covered patio—with an outdoor cooking and seating area—would put their home, already over coverage by nearly 500 square feet, about 1,000 square feet over what’s allowed, according to the town planner. Though an uncovered pergola in that spot would require no approval, a roofed structure such as the one the applicants proposed likely would require the homeowners to “subtract enough coverage” from the property first, Board Secretary John Mahoney said.

Government

Richmond Hill Road Homeowner Seeks Permission for Additions

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The owner of a 1940-built Richmond Hill Road home is seeking permission to build additions that encroach on side yard setbacks. 

The 1,278-square-foot Colonial at 171 Richmond Hill Road would have 1,801 square feet following a one-story addition in the front and two-story addition in the rear composed off a mudroom, powder room, breakfast room, master bath and two walk-in closets, according to a building permit application submitted to the town. The house sits on .2 acres in the one-acre zone, tax records show. Under the New Canaan Zoning Regulations, the minimum side yard setback in the one-acre zone for principal and accessory buildings is 25 feet (see page 59 here). Variances are required for the enlargement of non-conforming structures in the zone, under the regulations (page 158). According to a site plan submitted with the application, a proposed one-story addition and covered porch at the front of the house will be 22.3 feet from the neighbor to the west, while a proposed two-story addition and patio in back will be 14.9 feet from a neighbor to the east (the existing house already encroaches on the side yard setback there). 

The property is owned by a limited liability company whose principal is listed in state records as Marianne Dolan.

Government

Brookwood Lane Property Owner Files Formal Complaint about Neighbor’s Fence

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Months after complaining that a neighbor’s new privacy fence is one inch higher than allowed under the New Canaan Zoning Regulations, a Brookwood Lane couple has filed a formal appeal with the town. The fence that runs along a dead-end lane shared by three homeowners presents a safety concern, according to Chris and Carolyn Susanin of 34 Brookwood Lane. “Our primary concern is the safety of our children (6 and 10 years old) and our 2 dogs,” the Susanins wrote in an appeal. “When you are traveling on the accessway, our yard cannot be visualized until you are directly on the property where the fence ends,” according to their written statement of appeal. “This is the point where the fence is at its highest point above finished grade (over 7 feet).

Government

Lockwood Avenue Homeowners Seek Permission To Build Two-Story Rear Addition, Front Porch

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The owners of a 100-year-old Colonial on Lockwood Avenue are seeking permission to put on a two-story rear addition and build a new front porch, changes to the property that would encroach slightly on height and setback limits for the B Residential zone. The house at 23 Lockwood Ave. is a legally non-conforming dwelling that predates the New Canaan Zoning Regulations, according to a variance application filed on behalf of the property’s owners by local attorney David Rucci of Lampert, Toohey & Rucci LLP. The home includes 1,406 square feet of living space, according to the property’s Assessor field card. 

Plans call for a front porch that would sit seven feet from the side yard boundary in lieu of the required eight feet (see page 59 here), and an addition that (at 23 feet) would exceed allowable building height by three feet and total building height (at 27 feet) that would exceed the maximum by two feet (page 63). “The applicant’s proposal is to construct an additional 652 square feet to expand the living space and second floor bedrooms,” Rucci said in the application.

Around Town

Hawthorne Road Homeowners Seek To Replace Ranch-Style Home with Two-Story Structure

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The owners of a ranch-style house on the corner of Hawthorne Road and Meadow Lane are seeking permission to create a two-story home on the lot that includes a front porch. Because it sits on a corner, the single-story home at 36 Hawthorne Road has two front yards, whose required setbacks are larger than side and rear yards in the one-third acre zone (and most others). According to a statement of hardship filed with the town planner by James Schettino of New Canaan-based James Schettino Architects, the proposed two-story home is to be contained in the current building footprint and the project would see an enclosure of the existing covered porch added, as well as covered front entry, mudroom and side porches. The structure predates the current zoning regulations as well as corner lot setback requirements, Schettino noted in the statement. “We believe the proposed additions will fit within the context of the neighborhood and not adversely affect the character of nearby properties,” he said.