HomeMy WebLinkAboutVR-98-0000 - Decision - 0150 Dorset Street (2)SOUTH BURLINGTON ZONING BOARD OF ADJUSTMENT
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Roger Schibani & Mery Brown Request for a variance,
Moon Meadow Organic Market, 150Dorsct Street
150 Dorset Street
Findings of Fact, Conclusions of Law & Order
This matter came before the South Burlington Zoning Board of Adjustment on April 27, 1998 by
application of Roger Schibani and Mery Brown the appellants, for a variance to install a refrigeration unit
on the northerly side of the Dorset Square mall, located at 150 Dorset Street according to plans prepared by
Lamoureux, Dickinson & O'Leary Consulting Engineers dated 3/27/98. The Board of Adjustment finds
as follows:
1) Dorset Square Mall is located within the Central District I.
2) The structure in question was constructed as a Planned Unit Development and is now non-
complying to the setback requirements sctforth under Section 14.402 of the Zoning by-laws.
3) Section 26.002 prohibits increasing the footprint and heights of any non -complying structure.
4) The proposed refrigeration unit is a structure and is subject to setback requirements.
5) The building envelop within the Central District I is between zero (0) and eighty 80 feet from the
street right-of-way.
6) The zoning regulations for the subject parcel have changed since the project was first constructed
making it a non -complying structure.
7) The refrigeration unit is considered a personal property and would be removed from the property if
the applicants terminated the lease.
8) Aesthetic considerations towards neighboring businesses supports the location of the proposed unit.
9) If roof top units were to be installed, a total of nine smaller units would be required, and is not as
desirable as the proposed location.
10) Variance will not alter character of area if applicants blend unit with existing building.
Stipulation
The refrigeration unit shall be screened. The method of screening is subject to approval by the Zoning
Administrative Officer.
ORDER
The variance to install a 4' x 18' x 6.5 refrigeration unit at the Dorset Square Mall, 150 Dorset Street is
GRANTED subject to the above condition.
Dated at City Hall, South Burlington, Vermont this day of L 1998.
Zoning Board of Adjustment
—Frex�-Btais,
VI e C
MAY 1 1 1998
Dorset Square Mall - Accessory Structure Application
Zoning
The Zoning regulations for the subject parcel have changed since the project was first
constructed making the existing building a non -conforming use. The requested variance,
the installation of a cooling unit, needs to be in close proximity (20 feet) to the building.
Accessory structures such as power transformers, cooling units, dumpsters, and gas
meters are normally associated and expected with the current use of the existing building.
2. The requested variance is for equipment related to the continuing use on an existing
building. Requiring accessory structures related to the existing use to conform with the
current zoning regulations would not be reasonable.
The zoning for the subject parcel was changed after the building was constructed.
4. Since there are a number of existing accessory structures adjacent to the existing
buildings on the property, the requested variance would not substantially alter the
character of the neighboring properties.
The proposed location of the cooling unit represents the minimum variance required.