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Avon Zoning Board approves setback variance for greenhouse at 59 Old Wheeler Court
Summary
The Avon Zoning Board of Appeals unanimously granted an 11-foot variance from the 35-foot B bufferyard setback for a 7-by-11-foot greenhouse at 59 Old Wheeler Court, finding the proposed location is the only practical site on the lot and will be minimally visible; the variance must be recorded before a building permit is issued.
The Avon Zoning Board of Appeals on May 15 unanimously approved a variance allowing a 7-by-11-foot greenhouse to be placed within the subdivision-specific landscape bufferyard at 59 Old Wheeler Court.
The applicants, owners Jeremy and Suzanne von Oy, requested an 11-foot variance from the 35-foot B bufferyard setback. Planning and Community Development Specialist Emily Kyle said the property is subject to a subdivision-specific landscape buffer and that the proposed greenhouse location is the only place on the lot that receives sufficient sunlight and is farthest from wetlands.
“S. von Oy said the only place on the property that gets the right sunlight for a greenhouse is the proposed location,” the owners told the board, and they emphasized the structure is temporary, open to the ground with no floor, and could be removed if needed.
Kyle noted the lot previously received a variance in 1992 for a porch and said the subdivision-specific buffer, not the zone’s typical 10-foot setback for small accessory structures, governs this parcel. A positive abutter letter was included in the packet. After public comment closed, the board voted to approve the variance.
James McNeely moved to approve the variance; Michele O’Connor seconded. The motion passed unanimously with Vice Chair Jaime Polhamus, Board Members James McNeely, Michele O’Connor, Eileen Reilly and alternate Christy Yaros voting yes.
Emily Kyle said that “the granting of the variances will be in harmony with the purposes and intent of these regulations, will accomplish substantial justice and will not be injurious to the neighborhood or otherwise detrimental to the public health, safety and welfare.” She also explained that the approval will be processed by issuing an approval letter and that the variance must be recorded on the Avon Land Records before zoning can sign off on a building permit.
The board provided no conditions beyond the standard recording and administrative steps; the variance was recorded as approved during the May 15 meeting.
