HomeMy WebLinkAboutBATCH - Supplemental - 1505 Dorset StreetAGREEMENT
This Agreement made this day of October, 1990, between
LUCIEN and JANE DEMERS of South Burlington, Vermont, (hereinafter the
Demers) and the CITY OF SOUTH BURLINGTON, a Vermont municipal
corporation, (hereinafter South Burlington).
N O W W I T N E S S:
WHEREAS, the Demers have applied to the City Council of South
Burlington to construct a 20 X 40 addition to their property located
in the City of South Burlington; and
WHEREAS, the addition will contain a bath and small kitchen to be
used by a live-in maid/gardener; and
WHEREAS, South Burlington is currently under interim zoning
regulations; and
WHEREAS, South Burlington is agreeable to approving the
application for the use contemplated by the Demers provided the Demers
agree that said use will not continue beyond their ownership and use
of the property without obtaining the then necessary approvals for a
two family dwelling on said parcel.
NOW THEREFORE, in consideration of the mutual terms and
conditions set forth herein, the parties hereto agree as follows:
1
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a 20 X 40 addition for use of "maid/gardener quarters" is hereby
ratified and approved.
2. The approval contained in the previous paragraph is
conditioned on the requirement that said approval shall be personal to
the Demers, and upon their sale of the property or discontinuance of
use of the property, the 20 X 40 addition will be re -configured in
order to reconvert the Demers property to single family use, or in the
alternative, proper approvals will be obtained from South Burlington
for two family use of the property.
C1 CLE
RKS OMCE
Received 1_" �: 19 ..at, )
Exordsd irk kfol. _ _. on page.
Of So. 9urViia.t 3 Land Records
AUes
Marga et A. Picard, City Clerk
3. This Agreement shall be recorded in the land records of South
Burlington.
4. This Agreement shall be binding upon the heirs, successors and
assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have signed this
AGREEMENT, on the day and year first written above.
IN PRESENCE OF:
Lucien Demers
STATE OF VERMONT
COUNTY OF CHITTENDEN, SS.
Jane Demers
CITY OF SOUTH BURLINGTON
By:
Its C'_tP-i��,._ y and
Duly Authorized Agent
At South Burlington this 1i
day of October, 1990, personally appeared LUCIEN DEMERS and JANE
DEMERS, and they acknowledged this instrument by them sealed and
subscribed, to be their free act and deed.
Before me,
y,
Notary Public
`v n Tnem� �
i -L a1 V i
COUNTY OF CHITTENDEN, SS. At South Burlington this.,
day of October, 1990, personally appeared ,
and he/she acknowledged this instrument by her/him sealed and
subscribed, to be her/his free act and deed and the free act and deed
of the City of South Burlington.
Before me,
Notary Public
-2-
City of S(
Application to
Date
Applicant
Address
)h Burlington
board of Adjustment
L- (l c l ""iv -I J h h, Il', /" " i s
Owner, leasee, agent
:).1, " f Telephone #
APPL_ kTION #
HEARING DATE
FILING DATE
FEE AMOUNT
Landowner �cl� it"i� y Tlnhe 1��`„a Address
Location and description of property Plot e'r`J-14d,W L""-J f size of-''�k-se � s fr�Pf
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Type of application check one ( ) appeal from decision of Administrative
Officer.( )request for a conditional use ( ) request for a variance.
I understand the presentation procedures required by State Law (Section
4468 of the Planning & Development Act). Also that hearings are held twice
month (second and fourth Mondays). That a legal advertisement must appeal
a minimum of fifteen (15) days prior to the hearing. I agree to pay a
hearing fee which is to off -set the cost of the hearing.
Provisions of zoning ordinance in question
Reason for appeal
a
The owner or applicant should submit along with this application (8 copies)
plans, elevations, landscaping diagrams (drawn to scale) traffic data and
any other additional information which will serve as support evidence to the
Board.
'f/✓7
Hearing Date Signature of Appellant
------------------------ Do not write below this line
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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 hearing at the South Burlington Municipal Offices, Conference Room,
575 Dorset Street, South Burlington, Vermont on
Day of Week
Month and
at Time to consider the following:
Date
Appeal of
seeking a
from Section
of the South Burlington Regulations. Request is for permission to
No Text
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City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
TEL. (802) 658-7953 OFFICE OF
CITY MANAGER
CHARLES E. HAFTER
October 18, 1990
Chairman and City Council
City of South Burlington
South Burlington, VT 05403
Re: Approval of Findings of Fact in Demers Interim Zoning
Application
To All Members:
Attached is a copy of the Findings of Fact in the application for
a permit to construct a 20' x 40' addition to a single family
house on Dorset Street within the interim zoning area.
Public Hearing was held on this request last meeting and the
application was approved by Council. Please approve the Findings
of Fact.
Sincerely,
QA
Chuck Haft
City Manager
CH/peh
Attachment
OCT- l s-190 THU 1 0 C14 ST I T?'EL tii F'F�Ga F' - C F - C=ice
CITY COUNCIL
CITY OF SOUTH BURLINGTON
IN RE: APPLICATION OF LUCIBN AND JANB DEMERS
This matter came before the South Burlington City Council
t
pursuant to the previsions of 24 V.S.A. S4410(d) on the
application of Lucien and Jane Demers; to construct improvements
in the City of South Burlington which fail to comply with the
"Interim Zoning Regulations" adopted by the Council on April 17,
1989. The City Council conducted a public hearing on this
application on October 1, 1990. Lucien and Jane Demers were
present at this hearing.
Based upon the evidence submitted at the hearing mentioned
above, the Council hereby renders the following decision on this
application:
FINDINGS OF FACT
1. Lucien and Jane Demers are the owners of the property
which is the subject of this application which is commonly know
as 1583 Dorset Street.
2. The subject property is located on the westerly side of
Dorset Street, so-called.
. 3. By their application to the City Council Lucien and
Jane Demers seek approval to expand an existing single-family
residence on the subject lot in accordance with plans filed with
the City Zoning Administrator.
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CONCLUSIQNS
The Interim Zoning Regulations prohibit the expansion of
existing structures. Since the applicants propose to expand
their existing residence, the proposed construction fails to
comply with the Interim Zoning Regulations. For this reason this
Council must review and approve the proposed construction under
the provisions of 24 V.S.A. §4410(d) and (e).
1. 24 V.S.A. §4410(e)(1) requires this Council to consider
the effect of the proposed use on "the capacity of existing or
planned community facilities, services or lands.$' The proposed
residence is served by private, on -site sewer and water services,
both of which contain adequate capacity for the expansion. Based
on this, the Council concludes that construction of the proposed
expansion will not have an adverse impact on the capacity of
existing or planned community facilities, services or lands.
2. 24 V.S.A. §4410(e)(2) requires this Council to consider
the proposed use with respect to "the existing patterns and uses
of development in the area." The proposed residential structure
is located in a portion of the city developed with and zoned
primarily for the construction of single-family residences.
Based on this, this Council concludes that the proposed expansion
is consistent with existing patterns and uses of development in
the area.
3. 24 V.S.A. §4410(e)(3) requires this Council to consider
the proposed use with respect to "environmental limitations of
the site or area and significant natural resource areas and
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sites." Because the proposed residence has adequate sewage
disposal and water supply capacity, Lhis Council concludes that
there are no environmental limitations on the site which preclude
the proposed expansion. Further, this Council concludes that the
proposed development will not occur on lands which will obstruct
in any significant way views of the Lake Champlain Valley
including Shelburne Bay, Lake Champlain, and the. Adirondacks.
4. 24 V.S.A. §4410(e)(4) requires this Council to consider
the proposed use with respect to "municipal plans and other
municipal bylaws, ordinances or regulations in effect." The
Comprehensive Plan for the City of South Burlington recommends
that the City act to preserve public access to views of Lake
Champlain and the Adirondacks, with a strong emphasis on City
acquisition of scenic turnouts. (Comprehensive Plan, dated
1985 - Aesthetics, History and Cultural Resources Chapter). As
already noted the proposed development will not adversely impact
these views. Based on this, this Council concludes that the
proposed development complies with the Comprehensive Plan for the
City of South Burlington.
Zoning regulations in effect for the subject property limit
the maximum height of structures to 35 feet and establish front
yard, side yard and rear yard set backs. The expansion proposed
in this case will comply with these dimensional requirements.
Based on this, this Council concludes that the proposed
development complies with the Zoning Regulations of the City of
South Burlington.
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5. 24 V.S.A. 54410(d) requires this Council to determine
whether the proposed construction is consistent with the "health,
safety and welfare of the municipality and the standards
contained in Subsection e." For the reasons set forth in
conclusions 1 through 4 above, this Council concludes that the
proposed project can be copstructed consistent with the health,
safety and welfare of the City of South Burlington.
Ugms ON
The request of Lucien and Jane Demers pursuant to 24 V.S.A.
54410 to expand a single-family residence on Dorset street,
in
accordance with plans filed with the Zoning Administrator, is
approved.
Dated at South Burlington, Vermont, this day of
October, 1990.
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4
All,
M E M O R A N D U M
To: South Burlington City Council
From: Richard Ward, Zoning Administrative Officer
Re: Interim zoning application, Lucien Demers
Date: September 19, 1990
Applicant is requesting to construct a 20' x 40' addition on the
northerly side of his one level single-family dwelling. The
parcel involved contains 43.9 acres served by a 60 foot
right-of-way off Dorset Street. The house sits back approximate-
ly 1500 feet from Dorset Street and exceeds the minimum setback
(50 feet) from any property lines. The proposed addition being a
13' x 19' master bedroom and bath and a 16' x 19' library, study
and office.
The house is surrounded by woods and is not visible from Dorset
Street. Water and sewer are private and are not affected by the
addition. Under permanent zoning, the area in question is Agri-
cultural -Rural District. The proposed addition is conforming to
all dimensional requirements.
City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
PLANNER
658-7955
September 17, 1990
Mr. Lucian Demers
1505 Dorset Street
South Burlington, Vermont 05403
Dear Mr. Demers:
ZONING ADMINISTRATOR
658-7958
Be advised that the South Burlington City Council will hold a
public hearing at the City Hall Conference Room, 575 Dorset
Street on Monday, October 1, 1990 at 7:30 P.M. to consider your
request to construct a 20' x 40' addition under interim zoning
regulations adopted April 17, 1989.
Please plan to attend this hearing and be prepared to address the
criteria set forth under Section 4410.
If you have any questions please don't hesitate to call me.
Very truly,
Richard Ward,
Zoning Administrative Officer
1 Encl
RW/mcp
PUBLIC HEARING
SOUTH BURLINGTON CITY COUNCIL
The South Burlington City Council will hold a public hearing at
the South Burlington City Hall, Conference Room, 575 Dorset
Street, South Burlington, Vermont on Monday, October 1, 1990 at
7:30 P.M. to consider the following:
Application of Lucien and Jane Demers of 1505 Dorset Street,
South Burlington, Vermont for authorization to construct a 20' x
40' addition (bedroom, bath and library -study) to an existing
single-family dwelling which exceeds the limitations of land
development requirements as setforth under the Interim Zoning
Regulations, adopted April 17, 1989, on a parcel of land contain-
ing 43.9 acres, located at 1505 Dorset Street.
Copies of the plan is available for public inspection at the
South Burlington City Hall.
Richard Ward,
Zoning Administrative Officer
September 15, 1990