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HomeMy WebLinkAboutBATCH - Supplemental - 0027 Brookwood DriveMarsha Smith 27 Brookwood Drive Area zoned R-4 District Area is the new Brookwood Drive development approved by Planning Commission with dimensional waivers Building envelop for #27 Brookwood, to within fifteen (15) feet of side yard in question, #25 Brookwood abutting side yard has a envelop of five (5) feet Proposed is a 12'x20' garage with a 6'x6' breezeway Section 11.00 Dimensional requirements minimum side yard - 15 feet proposed side yard - 10 feet Ad" ­--, T 'Ile /CrZ July 16, 1982 Marsha Smith 27 Brookwood Drive South Burliftgton, Vermont 05401 Dear Ms. Smith, On July 12, 1982 the South Burlington Zoning Board of Adjustment denied your application for a side yard setback variance. I note that Dine the meeting you have applied for and received a building permit for a garage that does comply with all setback requirements. I feel compelled to add that I am a bit incredulous that this variance was ever requested. As an attorney, you must have been aware of the deed restrictions that very specifically gave up your rights to seek a variance. Also, the rapidity with which you submitted an altetmate garage proposal indicates that you were well aware that you were not seeking a minimum variance. Sincerely, David H. Spitz, City Planner DHS/mcg 163 244 use said roadways in such a way as to destroy or interfere with the construction of said roadway improvements, which improvements are necessary for their acceptance by the City of South Burlington as public streets. Upon acceptance by said City, this easement and right-of-way shall automatically terminate. The land and premises herein conveyed may be subject to protective covenants dated January 27, 1953, recorded in Volume 22, pages 464-465, of the South Burlington Land Records, as subsequently amended in Volume 162, pages 13-20, of said Land Records. The land and premises herein conveyed are subject to and carry the.benefit of terms and conditions of record of State Land Use Permit No. 4C0414, and to those terms of record in the South Burlington Land Records of the approval of the South Burlington Planning Commission; and specifically but not by way of limitation are conveyed subject to the following covenants which shall run with the lot and be binding upon the grantee herein and her heirs, executors, administrators and assigns: (1) all initial water conserving devices including shower fittings, toilets and toilet fix- tures, faucet fixtures, etc., shall be used, maintained, repaired and replaced as long as or whenever the use of the property includes sanitary sewage disposal facili- ties and/or other uses of water, and (2) the lot or any portion thereof shall not be used or maintained as a dumping ground for rubbish; trash, garbage and other waste shall be kept in sanitary containers which are screened or fenced from view. No ope burning or incineration shall be permitted at any time. The land and premises herein conveyed are subject to the following specific covenant and declaration which shall run with, burden, benefit and be binding upon the land: In order to accomplish an uncluttered and uncrowded development which preserves and protects the actual open space and feeling of same between and among the various residential lots within the development, no building, structure or improvement which does or in the future would require a building permit from the municipality shall be placed or constructed outside the perimeter of the "building envelope" located withi the lot, said building envelope being set forth and depicted on the plat referred to herein. Further, the grantee, for herself and her heirs, executors, administrators and assigns, does by the acceptance and recordation of this deed irrevocably waive all rights under present municipal ordinances or as subsequently amended to apply fo or seek to obtain a variance or take such other action which would alter or change the perimeter or shape of said building envelope and defeat the imposed setbacks fro: the boundaries of the lot herein conveyed as established by the creation and approva of said building envelopes. In further aid of this description, reference may be made to the documents herein - before referred to, the records thereof, and the references therein contained. TO babe anb N bOYb said granted premises, with all the privileges and ap- purtenances thereof, to the said Grantee MARSHA J. SMITH and her heirs and assigns, to their own use and behooj forever; .4nd it the said Grantor STERLING CONSTRUCTION, INC., for itself and its successors and assigns, >119T• xxKoutors:xn d,xzdniiryixtmt rfs, does covenant with the said Grantee xh�4y_,x MARSHA J. SMITH, and her June 25, 1982 aY •-- i` Ms. Marsha Smith W 27 Brookwood Drive South Burlington, Vermont 05401 Re: Zoning hearing Dear Ms. Smith: Be advised that the South Burlington Zoning Boar& of Adjustment will hold a public hearing at the City Hell, Conference loom, 575 Dorset Street, South ;i Burlington, Vermont on Monday, July 12, 1982 at 5:00 P.M. to consider your request for a zoning variance. Please plan to attend this hearing. Very truly, 1 , Richard Ward, 4, Zoning Administrative Officer RW/mcg . NOTICE OF APPEAL SOUTH BURLINGTON ZONING BOARD OF ADJUSTMENT Name, address and telephone # of applicant Marsha J. Smith /Norther3i, Builders 27 Brookwood Drive, So. Burlington, Vt 05401 P Name, address of property owner Marsha J. Smith, 27 Brookwood Dr. So. Burl. Property location and description 27 Brookwood Drive, A small lot with a single family dwelling. I hereby appeal to the Zoning Board of Adjustment for the following: ,.:)nditional us:., variance or decision of the administrative officer. I understand the meetings are held twice a month (second and fourth Mondays). The legal advertisement must ppe_r a minimum of fifteen (15) days before the hearing. I agree to pay th ari g fee of $30.00 which is to off -set the cost of the hearing. H arin Date &� �gnat a �pellant _____ __-__Do_not write below this line 1�4t*3_ SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 117, Title 24 V.S.A. the South Burlington Zoning Board of Adjustment will hold a public hearir,-, at the South Burlington Municipal Offices, Conference Room, 575 Dorset Street, Soutn Burlington, Vermont on , at (day of week) (month and date) time to consider the following: Appeal of',"' seeking a �; , from Section of the South Burlington Regulations. Request is for permission to ii A z7 13 Y. oo9 o-�oov