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Home My WebLink AboutVR-74-0000 - Supplemental - 1359 Hinesburg RoadFebruary 27, 190 11. Druce, Ladeau 1539 Hinesburg 7oad South Anlington, VT 05401 D,�aar Ladeau: To advised that the 7outh Burlington Zoning Board of Adjsustment KS granted approval c,,n yoiu, rcquost rcr a zoning variance. A stipulation of approval is that no rurther subdivision will take place unQ the aoreemcnt with the City is still valid. A building permit will be issued upon your request. Very truly, Aiohard Ward i Zoning AdWAstrative Officer rvvj May 22, 1979 Attorney Richard Spokes P.O. Box 2325 South Burlington, VT 05402 Dear Dick: Mr. Bruce Ladeau of 1539 Hinesburg Road has requested from this office a ruling regarding his having a right td construct a dwelling or sell off a lot which was set off by a variance granted February 25, 1974. He submits, that although he physically did not start con- struction, he has invested time and money securing a state health permit, home loan, did the engineering work and de- signed the house. On February 27, 197t/ he secured a building permit from this office. Under the 1974 zoning regulations, (Section 14.20) a permit expires six months from its date of issue unless there is a reasonable amount of objective evidence of intent to pursue the furtherance of the project for which the permit was issued. The permit would have expired as of August 27, 1974, unless a reasonable amount of work waL completed. The facts relative to the variance was that the Ladeau's requested to set off a two and one half acre lot with a frontage of twenty feet. At, the time they owned a five acre parcel, the area was zoned for one acre lots with a minimum of one hundred and fifty feet. Under the 1974 zoning regulations this area is zoned A-R District. The question: does he (Mr. Ladeau) have a vested right? Yours truly, Richard ward Zoning Administrative Officer RW/mcg May 31, 1979 Mr. Bruce Ladeau 1539 Hinesburg Road South Burlington, VT 05401 Dear Bruce: This office requested the City Attorneys opinion regarding your Possible vested right relative to your Hinesburg Road property and a zoning permit issued on February 27, 1974. I am enclosing a copy of his letter. It is his opinion that you have not secured a vested right and must adhere to the present zoning and subdivision regulations. As you are aware that area of the City is zoned) Agricultural -Rural District, which has a minimum lot size of ten acres. You may wish to appeal to the Zoning Board of Adjustment, if so, please contact me. very truly, Richard ward, Zoning Administrative Officer Rw/mcg 1 Encl RICHARD A. SPOKES JOSEPH F. OBUCHOWSKI SPOKES F6 OBUCHOWSKI ATTORNEYS AT LAW P. O. BOX 2325 SOUTH BURLINCTON, VERMONT 05402 May 30, 1979 Richard Ward, Zoning Administrative Officer City of South Burlington 1175 Williston Road South Burlington, Vermont 05401 Re: Ladeau Dear Dick: 1775 WILLISTON ROAD TELEPHONE (802) 863-2857 You asked me to review Bruce Ladeau's request to build on or sell a lot of land containing approximately 2 1/2 acres on Hinesburg Road. I understand Mr. Ladeau was granted a dimensional variance under the former zoning regulations. He was issued a zoning per- mit on February 27, 1974, but no physical construction was com- menced nor was the permit ever renewed. Although Mr. Ladeau did some engineering work, obtained a State Health Permit, etc., it appears that nothing was done after 1974. Section 13.25 of the old zoning regulations indicates that a permit expires after 6 months unless there is substantial commencement of the work. I must conclude from the facts that you have relayed to me, that the permit expired. I also must conclude that Mr. Ladeau did not acquire a vested right. The Vermont Supreme Court has only considered the vested rights issue on one occasion, and in that case, the court declared: "If there were no limit to the duration of a building permit, a municipality would be hindered in its attempt to control the use and development of land in the face of changing conditions. A developer could do nothing, in effect but sit on his permit, and subsequently commence construction distasteful to, and long proscribed by, the municipality." Preseault v. Wheel, 132 Vt. 247, 252 (1974). Richard Ward, Zoning ,Administrative Officer Page 2 May 30, 1979 In my judgment, Mr. Ladeau has not secured a vested right, and thus must adhere to the present City Zoning and Subdivision Regulations. Very truly yours, Richa Spokes RAS/rcw cc: William J. Szymanski, City Manager LADEAU Hinesburg Road opposite Van Sicklen Road. Area zoned Residential District A. Section 5.21 Lot frontage requires 150 feet. Request to set off a 2j acre lot with 20 foot frontage on Hinesburg Road. Propose to construct a single family dwelling. Ladeau granted a variance on May 17, 1972 - this variance has expired. "ebruary 22., 1971+ 7 -Ir. Bruce ji 'ra,ieau , 1539 hineslc=urg Road South Burlim-ton, VT 0540" Dear Ladeau: e* De advispd that the I 'outh Durl, -Ingt-on Zjonin,; Poard cl wi.*,'---, hold v. pu'L.,)Iic rA the City .11al' Con'erence Room, 1175,-',,:illl.iston 7-oad on Monday, :Iebruary 225, 197,, at '):00 P.I,-,. to consider your request for a zoning variance. ?lease plan to Atend. Very truly, Richard '�!ard Zoning Administrative Officer Rw/j Z7, /7c r c WC Qj ,T Hearing Date Advt. Date Advertise 6 days prior to meeting. South Burlington Zoning Board of Adjustment South Burlington, Vermont Gentlemen: I hereby appeal to the Zoning Board of Adjustment for the following variance. I understand that regular meeting dates are the first and third Wednesdays of the month at 7:30 p.m. at the South Burlington City Offices, Conference Room. The legal advertisement shall appeal as below, and I agree to pay, either now or before the ad appears, a fee of $>30.00, which fee is to off -set costs of holding said hearing. /s ?.-- Signature and Addr Zs Date SOUTH BURLINGTON ZONING NOTICE The South Burlington Zoning Board of _'adjustment will hold a public hearing at the South Burlington City Offices, Conference Room, 117;, Williston Road, South Burlington, Vermont on , day of week) at to consider the following: month and date � (time #� Appeal of ��-�� ?- �� seeking a named variance from Section -24,.>C- Jf of the number � title o seeti South Burlington Zoning Ordinance. Request is for permission to Z-2 .f'Z/. r. _ a vJ ZONING BOARD OF ADJUSTT• l,•NT Hearing Date '�f��y�T Advt. Date �•�%//% Advertise 6 days prior to meeting. South Burlington Zoning Board of Adjustment South Burlington, Vermont Gentlemen: I hereby appeal to the Zoning Board of Adjustment for the following variance. I understand that regular meeting dates are the first and third Wednesdays of the month at 7:30 p.m. at the South Burlington City Hall, Conference Room. The legal advertisement shall appear as below, and I agree to pay, either now or before the ad appears, a fee of $30..00 which fee is to off -set costs of holding said hearing. gnature and Address / Date SOUTH BURLINGTON ZONING NOTICE The South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington City Offices, Conference Room, 1175 Williston Road, South Burlington, Vermont on , day of week at to consider the following: month and date time 40.2 Appeal of seeking a variance from Section , of number title of section the South Burlington Zoning Ordinance. Request is for permission to ZONING BOARD OF ADJUSTMENT July 27, 1972 Mr. Bruce R. Ladeau 1539 Hinesburg Road South Burlington, VT 051+01 Pear 1,'Ir. Ladeau: Enclosed is a copy of the agreement to be -qade between the City of South aurlin-ton and -ourself in regarc]. to your request of May 171 1972 to construct another dwelling on your property at Hinesburg Road. !.Would you please review tLis draft and if it is satisfactory to you, let me know, so I can arrange for signing. Thank you "or your cooperation. Very truly, Lichard !,°jard Zc�nin,--' Administrator T-IWJ June 15, 1972 Nr. Bruce Ladeau I.:')'-'g 1-!in,,:,,sbixrg T-"oad South Burlington, VT 05401 Dear 'I'r. Lad eau: Please be advised that the Oouth Burlington Zoning Board of Adjustment will MY a pullic hearinC at , Conference 7, Y city hall oom 1175 �01004 Road on Adnesday, June 21, 1972 at 7:30 p.m. to aonrYer your tabled appeal of May 17, 1972. Kease plan to attend. Very truly, Lichard Ward Zoning Administrator mq/j May 11, 1972 Ir. T"ruce Ladeau 1539 Hinesburg' Road South Purlington, VT 05-401 Dear Mr. Ladeau: xxxxxxxx Be advised. that the South Burlington "'oning Board of Adjust- ment wil1 hold a public rMeeting, at the South Purliw-ton City Hall Conference Room on 'Wednesday May 17, 1972 at 7:30 p.m. to consider your request for a 7.on variance. Plr--,ase Man to attend. Very truly, Richard �,,,Iard Zoning Administrator Rw/J r..-� SOUTH BURLINGTON ZONING NOTICE The South Burlington Zoranq 5. and of Adjustment will hold a Public hearing at the South Burl i City Cc¢e: Conference Room, 1 175 Wilhstan Rood, South Budinp`! fn¢sc"o y. !tag 17, )972 of 7:30 p.m: to con:iderthe (ollaw,ng_ �— # 1 APpeal of John tt. Co,, seakinq o .ananc• from Section 6.40, Yard require. Merits of the South Burlington Zoning Ordinance- Request is for Permission to construct an addition, 10 feet x 12 feet within fen 00) feet of the easterly side . lot line, at 1438 Williston Rood. #2 Appeal of Richard Posey seeking o varlonce from Section 8.80, Sign require- ments of the South Burlington Zoning Ordinance. Request is for permission to erect two focode signs, containing forty-five (45) sgvole feet, at Lake Buick, 222 Dorset Street. N3 Appsol of Bruce R. Lodeou seeking o'a once from Section 5.21, Frontage requirement. of the South Buren; ion 7�.. Ordiri nu Request is for permis- lion to sefoff a lot confaining op.:.-: -. -.o and one half (2'/2) acres with o 1.1 frontage or twenty (20) feet, o+ , . -... _.it -r9 Rood. M4 Appeal of Michael A. Weiwmon, Ag, j. ;.,ral..in� a _ ._.,, from Section 12.55, Swimming Pools of the South Surhnp:x, Z• omg O,d:..we. Request is for permission to construct o swimming pool, 2rG `feet x 40 fat; .chin five (5) feet of the rear lot line, at lot tr32 Sebring Rood - 10VIN , 3OAPQ of ADJUSTM[Nr May 11, 1972 -keel A. Nyette, Chel_en The South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burling ton City Offices, Conference earn, 1175 Williston Road, South Burlington, Vermont on onday, February 25, 1974 at 5:00 p.m. to consider the allowing: 1 Appeal of Ethan Allen Motor Lodge, Inc. seeking a arionce from Section 12.25, Front yard requirements of the South Burlington Zoning Ordinance. Request is for per- mission to construct an addition 40'x24' in size for purposes of serving as a dwelling unit, to within sixty-seven (67) feet of the required front yard, at 1611 Williston Road. #2 Appeal of Bruce R. Landau seeking a variance from Section 5.21, Frontage requirements of the South Burlington Zoning Ordinance. Request is for permission to set off a lot containing approximately two and one half (21/1)' acres with a lot frontage of twenty (20) feet at 1539 Hinesburg Road. February 19, 1974 ZONING BOARD OF ADJUSTMENT Richard A. Myette, Chairman 5 TXY( P. 75-2'% 1 0 MAlrt IN U. :S.A. AGREEMENT BEWTEEN TIE ZONING BOARD OF ADJUSTMENT AND THE CITY COUNCIL OF THE CITY OF SOUTH BURLINGTON, VERMONT, HEREINAFTER COLLECTIVELY REFERRED TO AS THE CITY AND BRUCE AND LILLIAN LADEAU, HUSBAND AND WIFE, OF SOUTH BURLINGTON, VERMONT, HEREINAFTER COLLECTIVELY REFERRED TO AS LADEAU, WITNESSETH: That in consideration of the granting by the City to the said Ladeau of a variance for the construction of a dwelling house on a parcel of land to be hereinafter described; and, In consideration of the mutual promises and agreement of each of the parties hereto as hereinafter setforth, and of the sum of One Dollar, each to the other in hand paid and hereby acknowledged, the parties hereto do mutually covenant and agree as follows; (1) That the City will issue through is appropriate elected and/or appointed officials and/or officers, a zoning variance which will enable Ladeau to obtain a building permit necessary and required under the ordinances of the City for the construction of a dwelling home to be situated on a parcel of land situated on Hinesburg Road in the City of South Burlington, Vermont and more particularly described as follows, viz; Being a parcel of land with one dwelling house presently located thereon, located on the westerly side of Hinesburg Road in the City of South Burlington, Vermont, and having a frontage on the said Hinesburg Road of two hundred fifty-eight (258) feet and a uniform depth of eight hundred forty-four (844) feet, said parcel being all in the same land and premises conveyed to Bruce and Lillian Ladeau by Warranty Deed of Christian and Hazel Hoskam by their Warranty Deed --dated August ` 2, 1965 and of record in Vol, 73, p. 423 of the Land Records of the City of South Burlington, Vt. (2) That 4or consideration as aforesaid, Ladeau hereby promises, covenants, agrees, and contracts, for himself, his heirs, executors, administrators, assigns, to forever refrain from constructing and addit- ional dwelling units on the aforementioned and described premises, or to in any way subdivide, or otherwise divide, plant, partition, or portion away of the premises as aforesaid for the purpose of construction of any RICHARD E. DAVIS P.O. BOX 666 BARRE, VERMONT 05641 RICHARD E. DAVIS P.O. BOX 666 BARRE, VERMONT 05641 dwelling or other units or buildings, except however that such subdivision or development may occur in accord with the applicapable subdivision, environmental control, health or other state, local, or federal regulations or ordinanaces etc, at the time that the property line listed as 844 feet in depth, shall front on a duly dedicated and accepted municipal or state highway, road, or street, provided further that such dedication or acceptance must occur prior to the time that such subdivision shall occur, and no subdivision or other development as herein before defined shall occur unless or until such road or high- way is in actual existence. It is mutually agreed and understood between the parties hereto that this covenant is to be indexed in the Land Records of the City of South Burlington under Ladeau as Grantor, and the City as Grantee. IN WITNESS WHEREOF we here unto set our hands and seals this Veze&IQ eY, /971 day of 4n+r, -i97 W° saes has to MK and Mrs Ladeau Bruce Ladeau Witnesses as to the City of South Burlington STATE OF VERMONT ss At CHITTENDEN COUNTY Lillian Ladeau /4 For the City of South Burlington day of this A. D. 19 personally appeared before me Bruce and Lillian Ladeau, and Chairman of the City Council of the City of South Burlington, and they individually and severally acknowledged the same to be their free act and deed, this day of 2. wa0y,/f71/ o Notary Public