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Home My WebLink AboutBATCH - Supplemental - 0025 Millham CourtNiquette & Niquette RUSSELL F. NIQUETTE, SR. ATTORNEYS AT LAW TELEPHONES RUSSELL F. NIQUETTE, JR. 5 EAST ALLEN STREET 655-0780 WINOOSKI, VERMONT 05404 655-0706 AREA CODE 802 Mr. Richard Ward Zoning Administrative Officer CITY OF SOUTH BURLINGTON 1175 Williston Road So. Burlington, Vt. 05401 Re: Mathon appeal Dear Mr. Ward: January 24, 1978 - 25 Millham Court Please accept this letter as a formal request to withdraw our application to the South Burlington Zoning Board of Adjustment on behalf of Mrs. Mary Mathon. As you know from our telephone conversation of January 23, 1978, Mrs. Mathon and her now deceased husband purchased a parcel of land on Millham Court and Clinton Street as two 150 x 75 foot lots to measure 150 x 150. The present structure encroaches 10 feet onto the rear lot and I have advised Mrs. Mathon that I feel there is little hope of any variance to allow a separate use for the rear lot. To this end Mrs. Mathon would now like to apply for a building permit for a two unit dwelling, the second unit being a rental unit. On the enclosed plan you will see that the second unit measures 861 square feet with- in the entire house which measures 60 x 55 on the first floor and additional unmeasured space on the second floor. As you can see, each unit will meet the minimum 850 sq. ft. requirements of the zoning ordinance. The setback and side yard requirements are also met and there is an abundance of parking in excess of the four units required. If you would forward to me the required application form I would be pleased to complete it and apply for Mrs. Mathon. If further information is needed or clarification is desired feel free to call on me and I thank you for your advice and patience in this matter. Sincerei�y, YM � f Russell F. Niquett , Jr. A RFN/blw Enclosures January 27, 1978 Attorney Russell Niquette, Jr. 5 East Alien Street Winooski, Vermont 05404 Re: Mathon property, 25 Milham Court Dear Attorney Niquette: After review of the plat and floor plans submitted with your letter of January 24, 1978, I feel that the proposal of Mrs. Mathon to con- ,..vert her dwelling to include a rental unit appers to be in confor- mance to the area, density, and dimensional requirements of the City Zoning Regulations. As a matter of record, we understand that Mrs. Mathon purchased two 75' x 150' lots and that as the result of past additions to the exist- ing structure, it now enroaches on to the second lot. Therefore Mrs. Mathon plans no future development of the rear lot in order to allow for the conversion of her dwelling into a deplex. We are enclosing an application to be completed by the Mathon's, please include all work completed to date plus any addition const- ruction. My record indicatess that permits were issued for two bedrooms and a bath over the garage plus an open deck. Your client is also responsible for the thirty dollarshearing fee. If you have any questions please don't hesitate to call me. Thank you for your co-operation. Very truly, Richard ward Zoning Administrative Officer RW/mcg 1 Encl No Text No Text SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 117, Title 24 V.S.A. the South Burlington Zonih4'Board of Adjustment will hold a public hearing at the South Burlington City Offices, Conference Room, 1175 Williston Road, South Burlington, Vermont on Monday , January 9, 1978 , at 5:00 p.m._ to consider the (day of week) (month and date) (time) following: Appeal of T-'ilbur Clark seeking a variance structures , from Section 13.00 , Non -conforming uses and of the South Burlington Zoning Regulations. Request is for permission to construct a 24' x 28' second story addition to an existing 24' x 52' single story dwelling which lies within 12' of the north sideline and within 22' of the west (front) property line at 2 Mills Avenue. The purpose of this advertisement is to correct typographical error's which appeared in a notice published December 25, 1977. December 30, 1977 Richard A. Myette, Chairman South Burlington Zoning Board of Adjustment 11=ON 25 Milh--m Court Area zoned R-" District Sirlc1. & two family d ellinc s are mer.;litt-,d use. Section 11.00 Dimensional r3quirements Min. lot size ^or tlJo family 18,000 square feet. a.istinr (corner) lot 150' 77' (11,250 s. f .) - Ad joininc lot .,. Yontinc: can Clinton Street 75' X, 150' - Clinton Street undeveloped. Permits issued 6--2.0--7 4 - convert 933' breeze;watT into a Tamil-.- room 6-2.711 7Y - construct two bedrooms 16' .,_ 26.' over u:=.istinc carace-open deck 5/1,,'75 - finish bedrooms and add a ')athroom. Tt;r '.-.drooms plus area of open deck converted to an apartment. A CIi'. -:oom ancrtm,,-- 'it existing prior to 1968 has been ealiminated. �1p1 _a:>imatel square footage of apart-ment 650 square fe:A. Section 11. -- 0 D-:7alling standards *nin imum 850 square feet I 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 City Offices, Conference Room, 1175 Williston Road, South Burlington, Vermont on Monday January 9, 1978 at 5:00 p.m. to consider the day of week month and date) (time) following: #1 Appeal of Mary Mathon, Russell Niquette, Jr., Agent seeking a variance , from Section 11.00 Dimensional rectuirements & Section 11.80 dwelling standards of the South Burlington Zoning Regula- tions. Request is for permission to convert a single family dwelling into a two family dwelling (additional living area available by enclosing open deck), lot in question contains 11,250 square feet, proposed apartment to contain approximately 650 square feet, at 25 Milham Court. #2Appeal of a variance Alan D. Palmer from Section 11.15 Multiple uses seeking of the South Burlington Zoning Regula- tions. Request is for permission to construct a 40' x 60' storage building for use in conjunction with an existing business (Palmer Company, Ltd.) lot also occupied by another 40' x 60' ?)uilding, located at 2071 Williston Road, as per plans on file with the Zoning Administrator, City Hall. .T3 Appeal of wilbur Clary, seeking a variance , from Section 13.00 , non -conforming uses & - G+-ru ,rAs of the South Burlington Zoning Regula- tions. Request is for permission to construct a 24' x 20-' second story addition to an existing 24' x 52' single story dwelling which lies within 12' of the north sideline and within 22' of the west (front) property line. 7 December 24, 1977 Richard A. Myette, Chairman South Burlington Zoning Board of Adjustment SOUTH BURLINGTON ZONING NOTICE In accordance with the South Bur- lington Zoning Regulations and Chapter 117, Title 24 V.S.A. the South Burlington Zoning Board of Adjust- ment will hold a public hearing of the South Burlington City Offices, Conference Room, 1175 Williston Road, South Burlington, Vermont, on Monday, January 9, 1978, at 5:00 p.m. to consider the following: 1. Appeal of Mary Mothon, Russell Niquette, Jr., Agent seeking a varl- once, from Section 11.00, Dimen- tionol requirements 6 Section 11.80 dwelling standards of the South Bur- lington Zoning Regulations. Request is for permission to convert a single family dwelling into o two family dwelling (additional living area available by enclosing open deck), lot in question contains 11,250 square feet, proposed apartment to contain approximately 650 square feet, of 25 Milhom Court. 2. Appeal of Alan D. Palmer seeking o variance, from Section 11.15, Mul- tiple uses of the South Burlington Zoning Regulations. Request Is for permission to construct a 40' X 60' storage building for use in conjunc- tion with an existing business (Palmer Company. Ltd.) lot also oc- cupied by another 40' X 60' building, located at 2071 Williston Road, as per plans on file with the Zoning Ad- ministrator, City Hall. 3. Appeal of Wilbur Clark seeking a variance, from Section 13.00, non- conforming uses 6 structures of the South Burlington Zoning Regu- lations. Request is for permission to construct a 24' x 28' second story addition to on existing 24' x ST single story dwelling which lies within 12' of the north sideline and within 2�', of the west Jfronl) property lin K �c jP1 , _' S Richard A.yMyette 7 �s Chairman South Burlington Zoning Board of Adjustment December 26, 1977 SOUTH BURLINGTON ZONING NOTICE In accordance with the South Bur- lington Zoning Regulations and Chapter 117, Title 21 V.S.A. the South Burlington Zoning Board of Adjust- ment will hold a public hearing at the South Burlington City Offices, Conference Room, 1175 Williston Rood, South Brulington, Vermont on Monday, January 9, 1978, at 5:00 P.M. to consider the following Appeal of Wilbur Clark seeking a variance, from Section 13.W, Non. conforming Usesl structures of the South Burlington Zoning Regu- lations. Request Is for permission to construct a 24, x 20' second story oddition to an existing 24' x 52' single story dwelling which lies within 12' of the north sideline and within 22' of the west (front) property line at 2 Mills Avenue. The purpose of this advertisement Is to correct typographical error's which appeared In a notice published December 26, 1977. Richard A Myette, Chairman South Burlinotpon Zoning Board of Adjustment December 30, 1977 -10, JI'77 'Ars. >Iary tbon 25 Milham Court South Purlinoton, Vpri,,,,ont 09401 Dear Mrs, Mathon: 13e advised that the South 1-�urlinrrton 'loning -Ic,-3rd cl A6just ?nt will h bl d a pull-Ilic hearing at the South Arlington City Hall, Conference 'Room, 1'175 <Illiston R(-ad on Iiond,---,-, «,-nwiry at 5:00 p.i.i, to consider goer request for 7. -oninq appeal, Please nlrm to attend. V�I227 truly, Richard --ard 7oninc Ad!zinis!tritiv,,3 of-ficer O't'4-� e % J 50 � I .r.r..., De�o e ��c�( /Y�^ mac/► -'�j �Q�G�Cwf :��., % /,� /� _,.044 NOTICE OF APPEAL SOUTH BURLINGTON ZONING BOARD OF ADJUSTMENT I hereby appeal to the Zoning Board of Adjustment for the following: conditional use, variance, decision of administrative officer. Property Owner 'IRS. MARY MATHON Property location & description 25 MILLHAM COURT 150 ft. frontage x 75 ft. depth Variance of Section 6.20 (number) 11.80 title of section Basis of appeal Present zoning ordinance creates an unnecessary hardship on the appellant who desires a permit for a 2 family dweiling. I understand the regular meetings are held twice a month on Monday at 5:00 p.m. at the City Hall, Conference Room. The legal advertise- ment must appear in the Burlington Free Press a minimum of fifteen (15) days before the hearing, I agree to pay' a fee of $30.00 which fee is to off -set the costs of advertising and the hearing. Hearing Date Signature of Appe ant's torney 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 City Offices, Conference Room, 1175 Williston Road, South Burlington, Vermont on at to consider the day of weA) onth Ad date) time following: . Appeal of f-u o seeking a AD�_�_ .. , from Section va_-e 0-v. 4 .L, ti � � _, ,. 7 of the South Burling ton Zoning Regula- tion s . RI/eqNuestiss yfor prjmission to r-,a..e!f`�' �'fi�'1�-�,.,i"t9�y� -!•!.'..-„ ifi,"/��/ � ��:.-/ - �—'� � � ./�"� �/'G/I /�" .+(,.4.%� �4^'�A--,r'f.? -4 cmo/'�D - 41 ev�'. �� •. / / A4a-r- G�i�2d/,r lnGac r!:.�.. PRESENTATION PROCEEDURES FOR APPELLANTS TO THE SOUTH BURLINGTON ZONING BOARD OF ADJUSTMENT _The Zoning Board Adjustment is a quasi-iudicial body empowered to hear appeals to the Zoning regulations. These regulations have the force an-d effect of law. It is the responsibility of you, the petitioner to present your documented arguments as to why the Board should grant a variance in your case. The Board has little discretionary power and each of the following five criteria must be met before the Board can grant a variance. Not one - three or four but all five of the following facts must be found by the Board before a variance can be granted. Please come prepared to present all the facts necessary for the Board to make an objective and intelligent decision. (Refer to Sec. 4468 of the Planning and Development Act of 1969 for further clarification). 1. That there are 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 due to such conditions, and not the circumstances or conditions generally created by the provisions of the zoning regulations in the neighborhood or district in which the property is located; 2. That because of such physical circumstances or conditions, there is no 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 necessary to enable the reasonable use of the property; 3. That such unnecessary hardship has not been created by the appellant; 4. That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare; and 5. That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the zoning regulations and of the plan. December 14, 1977 Attorney Russell Niquette Jr. 5 East Allen Street Winooski, Vermont 05404 Dear Attorney Niquette: This office is in receipt of the application for appeal to the Zoning Board of Adjustment on behalf of Mrs. Mary Mathon, 25 Milham Court, South Burlington. In order to properly warn for a public hearing we will need additional information. Prior to the deadline which is Wednesday, December 21, 1977 would you submit the following to this office: (a) A floor plan, indicating the square footage of the apartment. (b) A plat plan, locating the structure on the lot. (c) A couple of photographs of the structure. I believe the structure is encroaching on the second lot and you might need a variance to the yard requirements. The hearing fee ($30.00) is due on or before the hearing, the next scheduled meeting is January 9, 1978. If you have any questions feel free to contact me. Very truly, Richard Ward Zoning Administrative Officer RW/mcg January 5, 1° 78 :attorney Russell Niquette Jr. 5 East Allen Street " {inooski, Vermont 0540p Re: T4,athon appeal, 25 "Iil.ham court D-:.)ar J'�ttornay Niqu�tte: On December 1 : Y."77, by ve requested additional information regarding the appeal of Mrs. Mathor. (see attached letter) As of this date we have not rec: ivdyd this ri-taterial. Hopefully you will have the necessary exhibits avAlabl: to the "12mbers the night o" the hr:aring, which is schedule6 or llc,n'd'aav, January r', lc'7£,, at 5:00 i).m.. If jrou have any questions don't hesitate to call me. V,.?ry Richard '..ard ',onina Administr tiv3 Officer 1 Encl RECEIPT FOR CERTIFIED MAIL-304' CD cl'�' i Q O Z SENT TO _ Mrs. Mary Mathon STREET AND NO. 25 Millham Court P.O., STATE AND ZIP CODE __S_outh___B_ur_l!n tark i _—OPTIONAL SERVIC FOR D�ITI N L FEE RETURN I. Shows to whom and date delivered ........... RECEIPT With delivery to addressee only ............ 2. Shows to whom, date and where delivered .. SERVICES With delivery to addressee only ............ DELIVER TO ADDRESSEE ONLY ...................................................... SPECIAL DELIVERY (extra fee required) .................................. ** (plus postage) POSTMARK OR DATE i 500 12/2/77 PS Form 3800 NO INSURANCE COVERAGE PROVIDED — (See other side Apr. 1971 NOT FOR INTERNATIONAL MAIL Y GPO : 1974 O - 551-4.' Mrs. Mary Mathon 25 Millham Court South Burlington, VT 05401 Dear Mrs. Mathon: ington HT 05401 r 2, 1977 Notice of violation South Burlington Zoning Regulations, Section 6.00 Be advised that you are directly violating the provisions set -forth under the South Burlington Zoning Regulations relating to the land use within your zoning district. On May 18, 1976 you were issued a permit (#5168) to add two bedrooms and a bath over an existing garage. As of my last inspection these rooms have been converted into an additional apartment. Your area is zoned Residential District 4 which has a maximum density of a two family dwelling, providing all other requirements are in conformance, such as lot size, set back and dwelling standards. Our records show that you were never granted a permit to construct an additional dwelling unit. This letter is to inform you that unless this violation is not corrected within ten (10) days (an additional unit will require a zoning variance to Section 6.00, Permitted Uses) we will be forced to turn this matter over to the City Attorney for whatever legal action he deems necessary. Thank you for your cooperation. R1.1/ j Very truly, Richard Ward Zoning Administrative Officer January 10, 1978 Mrs. Mary Mathon 25 Milbam Court South Burlington, Vermont 05401 Dear Mrs, Mathon: Be advised that based on the request of your attorney, vour application for a zoning variance has been continued to Monday, January 23, 1978 at 5:00 p.m. Prior to that date please remit tbe.b9aring fee of tbiry dollars aksd the plans which we request in December. Thank you for your co-operation. Very truly, Richard Ward Zoning Administrative Officer R-,/mcg