HomeMy WebLinkAboutVR-00-02 - Decision - 0900 0850 0894 0896 0950 Hinesburg Road#VR-00-02
DEVELOPMENT REVIEW BOARD
CITY OF SOUTH BURLINGTON
Re: APPLICATION OF KEITH WRIGHT
This matter came before the South Burlington Development Review Board pursuant to the
provisions of 24 VSA §4468 on application of Keith Wright, hereinafter "Applicant", for a
variance to subdivide a 10 acre parcel into three (3) lots of 3.33 acres each. The zoning
district requires a minimum lot size of three (3) acres and a minimum average lot size of
eight (8) acres, 850, 900 & 950 Hinesburg Road. The Applicant was present at the public
hearing held relative to this application. Based on evidence submitted at the hearing and
as part of the application, the Development Review Board hereby renders the following
decision on this application:
FINDINGS OF FACT
1. The owner of record of this property is Keith M. Wright, Trustee
2. This property is located within the Industrial and Open Space District, Article XVIII.
3. Section 18.302 of the zoning regulations reads as follows:
"In addition to the minimum lot size requirements setforth in Section 25.00, the
average size of all new lots created for development through subdivision of a lot in
existence prior to the passage of these regulations shall be a minimum of eight (8)
acres."
4. The property is developed with four (4) single family dwellings and several accessory
buildings.
CONCLUSIONS OF LAW
1. There are no unique physical circumstances or conditions, including irregularity
narrowness or shallowness of lot size or shape, or exceptional topographical or other
physical conditions peculiar to the particular property, and that the unnecessary hardship
is not due to such conditions, and is due to the circumstances or conditions generally
created by the provisions of the zoning regulations in the neighborhood or district in which
the property is located. The lot is 10 acres with no exceptional topographical features.
2. Because there are no physical circumstances or conditions, there is a possibility that
the property can be developed in strict conformity with the provisions of the zoning
regulations and that the authorization of a variance is therefore not necessary to enable
reasonable use of the property. The property is currently developed with four (4) single
family dwellings which is more than a reasonable use of the property.
3. The unnecessary hardship has been created by the appellant .
4. The variance, if authorized, would alter the essential character of the neighborhood or
district in which the property is located, and would substantially or permanently impair the
appropriate use or development of adjacent property, and would be detrimental to the
public welfare. Allowing smaller lots than permitted by the zoning regulations would alter
the character of the area.
5. The variance, if authorized, would not represent the minimum variance that would afford
relief and would not represent the least modification possible of the zoning regulations and
of the plan.
DECISION
Based on the above Findings of Fact and Conclusions of Law, the South Burlington
Development Review Board hereby denies the Applicant's request for a variance to
subdivide a 10 acre parcel into three (3) lots of 3.33 acres each in a district which requires
a minimum average lot size of eight (8) acres, 850, 900 & 950 Hinesburg Road, for the
following reasons:
The five (5) criteria necessary for the granting of a variance pursuant to 24 VSA §4468
have not been met.
Dated this 3 day of May, 2000 at South Burlington, VT -
Chairman or Clerk
South Burlington Development Review Board
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