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Home My WebLink AboutVR-98-0000 - Supplemental - 0070 Bartlett Bay Road1.9 rf'.1 j N, ; a r -4 OVAM&OWAMO., FA r A 0 M 0 E M E E M FALIPArSWALIONVAO M I NONE ONES M 0*6mr,A116, w = widd: "Irl FA Ln lei: l'M MUAMM M I AMAKAME 0 , Tw4mmp in VEOW I litt 2*-Rmm% iffFmammiro mwmwkdr� WMA&Nt� r4amo;IF rimmIr EFOL9,30ipo WAIMMM'rlJ MEMEMEMEMEMEM mmommoommongn somommumommem ir%l I" I %*IQ NAW6. oa Ida- 71 VA NO SO accorcl, With th SO 7�ide ?a ancl '0171, c South & 24 ph 9 Orct urlin tei, tt)Olcf of Aq, a he S a publi, A,fu,,, Outh 19 c nt CO 'CIPa/ 04 r/17 at 00 nteren, AfIc n rset a Buni, Str (Is , Ve" outh "Lfon gton eet S75 10#00 P Ju, a 0 to Y 1,71 t on Wing. con at r the �V, �Ppe ra ter a f a t. - F/Rin I -14rd SU, 0 ro A4U 'S nic- n Illional ect/on sou a/ Uses rL,g,,., Of - urlin C / IS Or ) 0.17S. ton the ot is .. SSI Requ. 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Box 64709 Burfington, Ver-mont 05406A709 802-658-0820 Fax 802-860-1014 July 23, 1998 Ms. Michelle Starr 69 Bartlett Bay Road South Burlington, VT 05403 Re: Survey of Deck and Ground Elevations Dear Ms. Starr: You requested that Heindel and Noyes conduct a survey of a newly constructed pressure - treated deck on the shore of Lake Champlain, at 69 Bartlett Bay Road, to determine the location of this deck with respect to ground elevations of 98.0 feet 102.5 feet. The US Army Corp of Engineer (COE) has jurisdiction over any structures that overhang beyond the 98.0 foot contour line, and the City of Burlington has jurisdiction over any structures that contact the ground below the 102.5 foot contour line. Following my survey work on the morning of July 23, 1998, 1 have drafted a sketch of the dock (attached) which provides elevations of the deck and ground, and locations of blocks and posts that support the deck. Based on this survey, I have determined that no portion of the deck overhangs beyond the 98.0 contour line, so the COE has no apparent jurisdiction in this matter. However, the two 4" x 4" pressure -treated posts which, along with a beam, provide support for the western side of the deck, lie below the 102.5 foot contour line. A portion of the 16" square post supporting the northeast corner of the deck may also contact the ground surface just below the 102.5-foot contour line. The 4" x 4" posts meet the ground at about elevation 100.5 feet. At this elevation, these posts would only be inundated by lake water for a few months each spring. If deemed necessary, we can more accurately predict the length of time the post bases are underwater by researching lake level data. Please contact me if you have any questions or need further assistance. ,_.9i n 5ce I y, <J Dean A. Grover, P.E. Chief Engineer DAG/jm Attachment U TROJECTS\STARRISTARRLI doc '00111111IN/z// '\N\�N 0 F V ,\'\': *-, V& 0, ONk A, 40. ZF Ail L //.' 1'i 111 t.%\\\\ H w N 17 01 --% Wagner, Heindel , and Noyes, Inc. Consulting Geologists 428 Shelburne Rd. I*- So. Burlington, VT 05403 /o 1, 5-2- q + 7.3 t o!5-,75' I a �5- �7 .,� 99, 68 0 PAGE OF P.g. N.. PROJECT: 'SrA R-Q-' DATE:--Z-z-z-(7e -ke y P-S--r Opp- 344CA< C-a-\�AC-Ir-26r Gfz*t)^jb :3 F- V6 C-K, s, v, e + 12.1"6 m -S) X to - 3 , (- rf- - (j) + 104-- 4-7� pos-- &"Ujb IF-LEV. 9 4- 99, Q) -4- 9q-041 to Z--?s PTjf-t IS P-ob S"oT- 0 �j L K C- �4 tkA,� P-Ai AJ WAilk L.\JL Pr-r 7: /6 A,"-f -7- 7-z,- 98 A ss bl-�ft F- 6 E; \J, = ? ?- A-2-1 13 O�eZ D 0 hi LC'T- P-;:-7 Pv Ara-0 zz- vF, (- of= W. A-Z 6�,j -7 — Z-2 -ff (;Z 7, 5 0,+/ D-&P-60�,ej 'P.E. 7/'z 2,1 ?S 7-28-1998 3:17PM FROM CORPS OF ENGINEERS 802 SSS 0818 P.1 DEPARTMENT OF THE ARMY NEW ENGLAND DISTRICT, CORPS OF ENGINEERS 696 VIRGINIA ROAD CONCORD, MASSACHUSMS 01742-2751 REPLY TO ATTKNTION OF Camp Johnson, Building 10-18 Colchester, Vermont 05446 July 28, 1998 Regulatory Branch CENAE-CO-R-61 Ms. Michelle Starr 69 Bartlett Bay Road South Burlington, Vermont 05403 Dear Michelle: Thank you for your inquiry as to Corps of Engineers jurisdiction over activities on Lake Champlain. A Corps of Engineers permit is required for all work beyond ordinary high water in or above navigable waters of the United States under Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). Lake Champlain is a navigable water of the United States, and its' ordinary high water mark is at elevation 98.0', NOVD. Permits are required under Section 404 of the Clean Water Act for those activities involving the discharge of dredged or fill material, excavation, or mechanized landclearing in all waters of the United States, including not only navigable waters of the United States but also inland rivers, lakes, streams and wetlands. In inland waters Corps, jurisdiction under the Clean Water Act extends landward to the ordinary high water mark or the landwardlimit of any wetlands. , I hope this answers your questions. If you have any other questions, please call me at 802 655-0334. � yi 1� V!z % Rmf 44 Martha Abair Senior Project Manager Regulatory Branch City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 June 30, 1998 Mr. William Warnock 69 Bartlett Bay Road South Burlington, Vermont 05403 Re: Zoning Appeal 69-70 Bartlett Bay Road Dear Mr. Warnock: ZONING ADMINISTRATOR 658-7958 Be advised that the South Burlington Zoning Board of Ad ustment will hold a public hearing at j the City Offices, Conference Room, 575 Dorset Street on Monday, July 13, 1998 at 7:00 P.M. to consider your request for a variance. Please plan to attend this meeting and be prepared to address the enclosed review criteria. If you have any questions, please don't hesitate to call me. Very truly, Richard Ward, Zoning Administrative Officer RW/mcp L6/EZ/9 jua,-ujsn[pVjo pirog Xq PgAoiddr uotwo�ddr aunS .4001 og 31oviqlas '(Ioaj oivnbs 009L).001 x,9L 101 'OSVIVS Ou ',Wjs omj,�Z x,tZ ainjonils SunsixEl - pit'X apis Allolquou jo Jaaj 0 1 put, pjrx juo.Tj pannba.1 JO T90J tIJ7 UT . P . q1FA 01 XUMI�JIUQ IUOJJ �Z I X .9 t' Put' U0111 PV SJOIS 0Aij 8 Z X, � I U011!ppt, pas odoid -13aj gZ splux ap!s put, 133j OE P.ItA ivai 'Jaaj og Piv[, juo.ij 'joaj OZ I aftluog 'ama auo jol umiuTuitu - sjuatuoiinbal lruoisuaualp 'vajv oo * gz uolloas JOUTSM I 12PUaMsa-d pauoZ GVO-d AVU JLJLH'IJL-dVg 69 - InWIS TUMM W'X3ONUVM WVFTH�M (Z 3) CHMS AND MICBELE STARR - (BROTBER & SISTELQ - 70 BARTLETT BAY ROAD Zoned Conservation/Open Space District. Section 3. 10 Boundaries, 150 feet horizontal distance along Lake Champlain (elevation 102.5 above mean sea level). Section 3.40 use standards prohibits construction within this district. Proposed construction 10'x 12'deck within the setback. Approximate location within six (6) feet of low water level. 4"F? ik- ICA" �1 'A 4 %. - . . - - I - - �j 4FO".5f g-le lja-�,%rl F1 �)Ortk :NPuO-+iO-*q U�wm p ,-- — 'Re I � 4 L"�,K L i F, LM ,� '� L L Q LA �*� K) tz 7 14- P-� GA R I �ETT ij)v-, AD/ 7 0 to City of South Burlington Application to Board of Adjustment Date 6 -�� -c� � Official Use APPLICATION # HEARING DATE FILING DATE Applicant 61 vlayinc- FEE AMOUNT Owner, leasee, agent Address cc� 9 L11 Lk# RQ�� Telephone # bo.� Landowner fax trAddress �OA-V� Location and description of property t3CA C4 Type of application check one: ( ) appeal from decision of Administrative Officer ( ) request for a conditional use (A) 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 a month (second and fourth Mondays). That a legal advertisement must appear 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 S&t re S r-,e a pp, 1!9 -to tom'qj- Reason for appeal Is �1 10 aj� ot cta" '00 rc �A 6M -;1CJU'&_0 _U PC U) / �__V[ vll� I�S_o I S d A#t"?n �Sva['10� & n The following documents are submitted in support of the application: Hearing Date gnature of Appellant Do not write below this line --------------------------------------------------------------------------- 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 Date Appeal of 4111'e "V at to consider the following: Time �1 0 ( /�_ I- - �'. icL- seeking a alf ,,eff from Section, ///'�J 4, of the South Burlington Zoning Regulations. Request is for permission to e i nteroff ice MEMORANDUM To: Dick From: Joe Subject: Zoning Board Meeting - 7/13/98 Date: July 7, 1998 Chuck asked me to pass on to you a couple of concerns raised by the Council regarding the Zoning Board's 7/13 meeting. The first concern is with the two (2) requests for variances in the Bartlett Bay neighborhood. Apparently, they are concerned with the potential cumulative affects of so many expansions within the CO District. The Council would like staff to put together a list of all variances granted in that neighborhood over the last 5 or so years. I told Chuck that this issue is on the Commission's back -burner for discussion and evaluation and that I would try to move it up on their schedule. The other concern was with Bret Kernoff's application for a teen center. They are concerned about parking and the fact that the site is very constricted. 77 7T -T Tor 7-, 7— -f/Y -7-7 2,,Y -,�M4P- h b -,"770T2 -Z / City of South Burlington Application to Board of Adjustment Date 6 Applicant Official Use APPLICATION # HEARING DATE FILING DATE FEE AMOUNT Owner, leasee, agent z5lm Address Telephone # bba 4'11 hJ 02 Landowner CC j.& ��rrAddress Location and description of property Type of application check one: ( ) appeal from decision of Administrative Officer ( ) request for a conditional use (A) 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 a month (second and fourth Mondays). That a legal advertisement must appear 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 f-ea Reason for appeal Is +0 a W I �--v [ �-4n tk-e-- J�Eo I S (! f 4v.'� The following documents are s Hearing Date question Pe a 111 Atn f S pp, Lid 7-0 CA-Q P, _P P 0 r C (M toM"A 0U_A j2 0(da'k 24 Qa9M.1,a 44 )0 LOA�' tted in suppo f the application: gnature of Appellant Do not write below this line --------------------------------------------------------------------------- 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 at to consider the following: Month and Date Appeal of Time LAW OFFICES JOHN J. BERGERON ATTORNEY AT LAW 96 SOUTH UNION STREET BURLINGTON VERMONT 05401-0925 TELEPHONE (802) 863-1191 April 19, 1985 Zoning Administrator 575 Dorset Street So. Burlington, VT 05402 Re: Patricia F. Starr property- Bartlett Bay Dear Mr. Ward: REPLY TO PO BOX 925 I am writing with regard to the Bartlett Bay property about which I spoke with you on 4-17-85. As I explained at the time, our client owns two parcels of land on Bartlett Bay which are intersected by a right-of-way. I have enclosed a copy of the deed to our client which more particularly describes these two parcels. At present, the western parcel, which borders Lake Champlain, is the site of the owners residence. The eastern parcel lies directly opposite the western parcel, the right-of-way running between the two, and is the site of a small structure with running water and town sewer. This structure is not a residence. As the structure on the eastern parcel is becoming run down, the owner would like to tear it down and build a similar, but newer, non-residential structure. If you continue to feel that such construction is not possible under current zoning regulations, could you please cite to me the ordinance which prohibits this. In addition, could you please suggest any alternate steps our client might take in order to receive permission to rebuild. Thank you for your time and consideration. If you have any questions, please do not hesitate to call . Very trul 1,jp_�Y(5, S,- an C. O'Neill Legal Assistant JCO/hl h CC: Patricia Starr TELEPHONE: (802)863-1191 December 12, 1985 Richard Spokes, Esq. Spokes, Foley & Stitzel P.O. Box 986 Burlington, VT 05402 Dear Dick: LAW OFFICES JOHN J. BERGERON ATTORNEY AT LAW 96 SOUTH UNION STREET BURLINGTON, VERMONT 05401-0925 REPLYTO: P.O. BOX 925 Re: Patricia Starr --Zoning matter Thank you for taking the time to visit the Starr property and review the situation there. I believe it is Patricia's desire now to move the structure to the center of the lot so that it will become a conforming single family dwelling. Before doing so, however, we would like confirmation from the City as to the following: 1. That she does not need to obtain a new building permit, or go through any other permit or approval process before moving the structure and continuing with construction. 2. That the variance granted by the City will become null and void, and the restrictions as to the use of the property as set forth in said variance will no longer apply to the relocated structure. 3. That the lot on the east side of the road is indeed deemed to be a separate building lot, by the City and as such, Patricia will be free to sell, convey or transfer her interest in that portion of the property line easterly of the right of way, while retaining the property on the west side of the right of way. Obviously Patricia would like to proceed with construction as soon as possible so that the building can be closed in before heavy snow arrives, and a prompt response to the above inquiries will be greatly appreciated. Th� you again for your time and attention in this matter. John J1 Bergeron, EBq. -9nc. CC: Patricia Starr Vol. 139 P e 0 4 Tbat I, RACHEL M. OLIVER, a widow Of Burlington in the County of Chittenden and State of Vermont Grantor , in the consideration of ------------------------- TEN AND MORE -------------------------- Dollars paid to MY full satWaction by PATRICIA F. STARR of Burlington in the County of Chittenden and State of Vermont Grantee , by these presents, does freely Oibe, Orant, &ell, Conbep anb Confirm unto the said Grantee PATRICIA F. STARR and her heirs and assiins forever, a certain piece of land in South Burlington in the County of Chittenden and State of Ferynont, described as follou-s' viz: Parcel No. 1: Being all and the same land and premises conveyed to the within Grantor, Rachel M. Oliver, and her late husband, Kenneth E. Oliver, by Quit Claim Deed of Stephen B. Richardson dated April 5, 1971 and recorded in Volume 93 at Pages 80- of the City of South Burlington Land Records, and being described therein as follows: "Land and premises, with camp and garage thereon, located on the westerly side of Bartlett's Road at Bartlett's Bay in the said Town of South Burlington. By acceptance of this deed Grantees agree as conditions hereof that the premises shall be used for camp purposes only and that no shop, saloon, grocery store, business garage, filling station or any other business enterprise shall be built or conducted thereon and no livestock other than a dog or a cat shall be kept on said premises. If said Grantees, their heirs, executors, administrators or assigns shall fail to ob- serve any of these conditions, then said premises shall revert to, and the title thereto shall be revested in, John Collins, his heirs, execu- tors, administrators and assigns in accordance with the provisions of the Warranty Deed from John Collins to Amy Tuthill Smith dated October 29, 1945 and recorded in Book No. 20, Page 130 of the South Burlington Land Records. There is included in this deed a right of way, in common with others, from the westerly end of Bartlett Road to the premises herein conveyed over the remaining land of John Collins, which right of way is easterly of, and adjacent to, the easterly line of lots on the shore of Lake Champlain which said John Collins conveyed to various persons for camp purposes." M Parcel No. 2: All of Lot No. 5 as laid down on a subdivision of the Collins property, revised January, 1951, and recorded in Volume 28, Page 24 of the South Burlington Land Records, said lot being more particularly described as follows: Beginning at a point in the easterly line of said right-of-way, which point is the northwesterly corner of Lot No. 6 now or formerly owned by Augustus Stannard and wife; thence proceeding easterly along the north- erly line of Lot No. 6 a distance of 100.16 feet to a point; thence turning to the left and proceeding northerly a distance of 75 feet to a point; thence turning to the left and proceeding westerly a distance of 100.16 feet to a point in the easterly line of said right-of-way; thenc turning to the left and proceeding southerly along the easterly line of said right-of-way a distance of 75 feet to the point or place of beginning. Being all and the same land and premises conveyed to Kenneth E. Oliver and Rachel M. Oliver by Warranty Deed of Augustus T. Stannard and Agnes M. Stannard dated October 3, 1955 and recorded in Volume 39, Page 54 of the said Land Records. Also included with this parcel is the right-of-way in common with other over the private right-of-way which extends from the westerly side of Bartlett Bay Road to the premises herein conveyed. Reference is hereby made to the above -mentioned deeds and the records thereof, and the references therein made and their respective records in aid of this description. The within Grantee covenants and acknowledges to the within Grantor that she has viewed the premises conveyed herein and accepts the same "as is". Mo babe atib to bOlb said granted premises, with all the privileges and ap- purtenances thereof, to the said Grantee PATRICIA F. STARR her heirs and assigns, to their own use and behoof forever; .Ind I the said Grantor RACHEL M. OLIVER for myself and my heirs, executors and administrators, do covenant with the said Grantee PATRICIA F. STARR, and her heirs and assigns, that until the ens"inf of these presents I am the sole owner of the premises, and have good right and title to convey the same in manner aforesaid, that they are fret from tbtrlj encumbrance; except any easements, covenants or restrictions of record, and I 01. 139 a-e 441 Vol. 139 PI 7 hereby enjaje to Warrant anb �Dtf tnb the same against all lawful claims whatever, .3n Witnu;.g Wbtrtof, this 31st day of �Inpresenrr of 5-�� -�'- STANTON L. BEAN RI4ARD A. SPOKES h-eraunto *at MY hand and seal March d. D. 19 7 8. (7' V xachel M. Oliver thij .*tate of Vtrntont, 2;,q. .4 t Burlington Chittenden Countp 31st day of March .4. D. 19 7 8 RACHEL M. OLIVER personally appeared, and she acknowledeed this instrument, by her sealed and subscribed, to be her free nd deed. Before me 5kt, :�l MA-� - Notary Public Verpqont Property Tninsler 'I ax 32 V.S.A Ch— �A —ACKNOWLEDGNIENT— kv(urn R.Cd -T,x la,d -k-w u, 1;,*;.h Uit Rec'd.- V L Laod USe & D?VL10Pi,i*A rikns Act �cri. Rec'd. Returp N S pate Received for record April 3, JQ7R It 11:3n p.m. (7) City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05401 PLANNER 658-7955 April 24, 1985 John Bergeron P.O. Box 925 Burlington, Vermont 05401 Attn: Ms. Jean O'Neill Re: Starr property - Bartlett Bay Dear M. O'Neill: ZONING ADMINISTRATOR 658-7958 The strucutre in question appears to be a two room summer cottagiel its use being questionable. Be advised that the area is zoned Residential 1 District and most of the existing older lots are non -conforming to the minimum dimensional requirements. The use of the property is a permitted use (single-family dwelling) under Section 7.101 of the City's zoning regulations. Customary accessory uses such as garages, recreational facilities such as tennis courts and swimming pools are also permitted. (Section 7.102.) Most all lots located along the private section of Bartlett Bay Road have similar characteristics in that they have houses on the lake side and accessory buildings on the opposite side. Your client could continue the use of the building in question, however, total reconstruction may involve a variance. The reason being that the existing location of the structure appears to be non -conforming to the minimum dimensional requirements (section 18.00 area, density, and dimensional requirements.) We would require a site plan locating the structure on the lot before any permits could be considered. The alternative steps necessary should the structure be non- conforming would be an appeal to the Zoning Board of Adjustment. Should you desire to pursue a variance please contact me. Very truly, Richard Ward, Zoning Administrative Officer RW/mcg SPOKES, FOLEY & STITZEL ATTORNEYS AT LAW 184 SOUTH WINOOSKI AVENUE P. 0. BOX 986 BURLINGTON, VERMONT 05402-0986 RICHARD A. SPOKES JAMES D. FOLEY STEVEN F. STITZEL SUSAN L. BOYLE January 9, 1986 John J. Bergeron, Esq. P. 0. Box 925 Burlington, VT 05402-0925 Re: City of South Burlington - Patricia Starr Dear Jack: (602) 862-6451 (802) 863-2857 ISAAC N. P. STOKES COUNSEL The observations contained in your letter to me of December 12, 1985 are correct with one exception. Patricia will need to obtain a zoning permit to relocate the structure under construction. She will not, however, be obligated to obtain any approval from the Zoning Board of Adjustment. Very truly yours. Richar�(,_Spokes RAS:mil Enclosure CC: Richard Ward W-I'- JA �:�4 W. ffl!p�: pot "s PO lK o"65'.,7 AIL� 0 ZONGING BOARD OF ADJUSTMENT -4- September 9, 1985 Discussion followed as to whether to postpone the hearing and not make a judgement tonight but take the testimony of those present to speak against the appeal or whether they would prefer to' come back on duly schedule date. John Dinklage questioned whether this was fair to the appellant and Mr. Blais agreed. Motion was made that Jarvis be requested to rewarn. Mr. Ward said he could rewarn it, but it was not fair to the appellant. If they (the audience) would rather table it for a month then we should table it. Mr. Blais explained to the public that the Board had from time to time postponed to a defineable date and if at that date the individual does not show again, the appeal is again not hard. We then eliminate it and ask for it to be rewarned. We have given the appellant two opportunities to be heard within due process and they haven't done that and in the second go -around we say it must be rewarned. Mr. Blais asked for input from the public. Mr. Jariff speaking for those opposed stated he appreciated the Board's fairness to everyone, but when speaking of due process when someone has a case at Court to be tried and does not show up, it is not just a matter of postponing it. If there is a notice served and the appellant had an excuse for not being there he could see your reasoning for postponing it, but he felt that people have come here tonight to speak on this issue and the appeal should be heard. He felt the burden should be placed on Mr.Jarvis to bring the appeal before the Board again. Motion made by John Dinklage that the appeal of Merrill Jarvis be tabled for two weeks to the next regular scheduled meeting at which time, if the appellant is not present to present his case, the Board agrees to dismiss the appeal. Motion seconded by Donald Graf Motion was amended that the appeal of Merrill Jarvis be the first item on the agenda at the meeting of 23 September 1985 at 5:00 P.M. and that Mr. Jarvis be advised that should he not attend or represent himself for that appeal at that meeting, then the appeal will be dismissed. Amended motion seconded by Donald Graf. Unanimously accepted. No. 4 - Appeal of Patricia F. Starr 4) Appeal of Patricia F. Starr seeking a variance from Section 19.00 Non -conforming uses and non -complying structures, request is for permission to remodel an ex-isting guest house which is non -complying ONING BOARD OF ADJUSTMENT SEPTEMBER 9, 1985 -5- to minimum dimensional requirements located at 70 Bartlett Bay Road. Mr. Ward said the area in question is zoned Residential-1. The present structures are non -complying. The structure in question is presently not being used for anything, it is in pretty bad shape and is appraised for $1,101.00 by the City. The estimated cost of re- pairs is from Patricia Starr and indicates it will be done by in-laws, sons, etc., doing the work for $5,000 and appears to be a material figure only. In Bartletts Bay each lot that is on the Lake side also has a lot on the opposite side of the street. The building in question is located on the easterly side of the street on a lot 75' x 1001 and for years has been used as a guest house which would be a permitted use under our accessory uses. The reason for non -conforming deals with the dimensional requirements. The minimum set -back in the R-1 District is 50 feet. The existing set -back of that structure is 40 feet. The minimum side yard requirement is 25 feet, existing to the closest one is 9 feet. The proposal is to remodel the interior and change the roof line so that it becomes an interior -lot and enclose what is basically on open porch and convert it to a more livable guest house for the occupant to occupy at her leisure later on in life. Mr. Blais asked if there was any question of subdivision. Mr. Ward said no. The main house is on the Lakeside and on the opposite side is the cottage, and traditional with the lots along that road. Mr. Dinklage asked if there was any change to the existing structure. Mr. Ward said only to the extent where the porch is on columns and will be enclosed. Patricia Starr said this would be an improvement and not change the current use of the property. She has a large family and her long range plan would be to use the structure when she retires, and her daughter will live on the property. Mr. Dinklage asked if she would have any problems if we attached a stipulation to the appeal that if approved it would not be available for rental and would only be used by members of the immediate family. Mrs. Starr said that it would be used only by members�of the family. Mrs. Starr said currently they have drilled wells, and there is a small bathroom in the structure but the plan calls for enlarging and improving the bathroom and adding a kitchen. General discussion about structure, foundation, loftsize requirements, etc. followed. Mr. Ward said most of the houses were developed under R-4 criteria and each lot has 2 parcels divided by Bartlett Bay which is a private street and most of the houses are on the Lakeside. On the easterly side are garages, pump houses, storage building. Mr. Bruce Butterfield, a next door neighbor of Mrs. Starr, said he had no objection. Another neighbor, Bishop Harvey Butterfield said he was very happy about it and that the renovation would add value to all the property. A gentlemen living in the neighborhood -generally favored the appeal but expressed concern about 2 houses on 1 lot. If the property was sold how would it be used? 7 or 0 0 a mo zONING BOARD OF ADJUSTMENT SEPTEMBER 9, 1985 Mrs. Starr said she had no plans to sell the property, but intended to keep it in the family. Donald Graf asked if the structure would be used by Mrs. Starr during the summer months if her children moved to the main house. There would be 2 domiciles on the property during the period of the year you are up north. Mrs. Starr said she was considering living 3 months in Florida and 9 months here, but presently did not know if she would be living in the main house or the cottage. John Dinklage made a motion that if approved, it be approved with the stipulation that the 2 structures on the property would only be used by members of the immediate family of Mrs. Starr and that neither of the structures would be used as rental property. Seconded by Donald Graf. David Boehm made a motion that the structure be moved and should conform with set -backs and that the kitchen be eliminated from the guest house. The motion denied for lack on second. The original motion was approved. There was no one else speaking for or against the appeal. The appeal was granted on a vote of 5 to 1. No. 5 - Appeal of Bernard Couillard 5) Appeal of Bernard Couillard seeking a variance from Section 19.00 Non -conforming uses extension and Section 19.65 Multiple uses, request is for permission to operate two additional automotive repair and service businesses in conjunction with an existing aut*omotive sales and service business, d.b.a. Bernie's Auto Sales, at 1150 Williston Road. The area in question is Commercial-1. The present use is mainly for sales and service is non -conforming and the request for 2 more uses makes it multiple -use. The uses as proposed are automotive orientated. One is for repair of windshields d/b/a/ Windshield Doctor and present- ly works out of a mobile unit located in Jeffersonville and the other is automobile striping business which operates the same way. On the plan you can see from the floor plan they would each� take one bay at opposite ends of the building. Yipes Stripes (automobile striping) on one side and Windshield Doctor on the other. There are 4 bays. The 2 other bays would continue to be used for the existing used car business. Mr. Couillard said they were not changing the structure, and,they see no reason why they shouldn't make full use of the existing structure. Fred Blais questioned how thty anticipated the increase in traffic which will occur with the addition of 2 other businesses. 0 40) STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON DECISION & FIND1NG OF FACT Re: Appeal of Patricia S On the 9th day of Seiptember ' � 19b5 , the South Burlington Zoning Board of Adjustment approved VXX4VA4y,5k the appeal of Patricia Starr, 70 Bartlett Bay Rc)acl based on the follow1n8 facts: 1) No real expansion of existing non-conforminq sf-riict-ures 0 and Property. 2) Improvement would not detract the neighhorhood- 3) The stipulation will prevent the improved prnpprty from being used for rental purposes, That the quest hatise not be available for rental and would only be used by members of the immediate family, So. BURLINGTON. VT SEP � 3 1985 TIME rM CLERKS OFFICE r, Ch a 1�'inan 40NIM; MAND 01- ADJUS'IMEM NOTICE OF APPEAL SOUTH BURLINGTON ZONING BOARD OF ADJUSTMENT Name, address and telephone # of applicant 4 AJ&t'6,� 7o Name, address of property owner Property location and description 1i) 5,101 7,6 � - 6 55 ME 4g, x .2,0 4 7S -YI-t tv I hereby appeal to the Zoning Board of Adjustment for the following: conditional use, variance or decision of the administrative officer. I understand the meetings are held twice a month (second and fourth Mondays). The legal advertisement must appear a minimum of fifteen (15) days before the hearing. I agree to pay the hearing fee of $30.00 which is to off -set the cost of the hearing. Hearing Date Signature of Appellant Do not write below this line SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Z.oning 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 at (day of week) (month and date) time to consider the following: .t7 Appeal of seeking a from Section Q e f 41 le of the South Burlington Regulations. Request is for permission to _12__1*)-i-2e1)de-4�, f e V -C.- 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 anU-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 discreti-onary power-a-nd 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-c-a-n-Ee--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 distriqt in which the property is located; -e' 4 2. That because of such physfiW 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 6 tC e—,4c-t' A;� V'e—o k7e) 5. That the variance, Iff, 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. Ile ell' November 27, 1985 Mrs. Patricia Starr 70 Bartlett Bay Road South Burlington, Vermont 05401 Dear Mrs. Starr: Confirming our conversation of this date regarding the renovations of your quest house. On September 9, 1985 you were granted permission to remodel the guest house by the Zoning Board of Adjustment. The roof line of the structure was to change in order to allow for a sleeping loft and the 8' x 221 porch located to the front of the house was to be enclosed. October 2, 1985 this office issued permit #10078 which allowed -those changes. (A copy of that permit is included) The work presently underway far exceeds that which was expressed to the members of the Zoning Board of Adjustment, in what the entire cottage is torn down and a full two story structure is presently being constructed. The elevation sketch submitted to the Board indicates the change in roof line to a peak of approximately sixteen (16) feet and we issued your permit based on that change. We must advise you that you are in direct violation, in that the structure you are building exceed that which we originally granted permit #10078. Should you wish to continue with the two story structure we will require a new request to appeqr before the Zoning Board of Adjustment, the next hearing being the second Monday of January 1986. All construction must cease until this matter is resolved. I The second option would be to remove the second story and build according to the plan submitted to the Zoning Board, a copy of the plan is enclosed. 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Ot 3OU!�J6 ROST-� C"t TO ?Mpgr 47pG, J,po MCEK ll,.0 -- _; 4: IA, V T-,� k) IV e D �l jj K 6 2 �a (,,g 12 TIJCT(7CJC-,Cll # J() 0 C.,, b c, r Tu a bil(TC17 STTOmt.;#A� mg-:? -CO PG GI;CJJOE�G(l - Oc;.OP(,L 3% TaC,2 PJJT�:-' bc;I:IbTP TOU PFG, 8, x :;S, boLcp -oc�:oq ;c.� jr-,z,�-,-;j: oT fu(,; f,,OripG oc f-pb a4LfJGPi)LEi m9e po cpgu(aG )L(--- t I --Of- 11 �?TGGFIT,ju' clrlf72�p pr)ilL�G 1)7� �PG posrq TTLJG 0,!1 acb;Gl.,JPGL (), j-��ap AGLC, L U,J 4:60 bF,'U1'3'W;R�OLJ PC) LGWOCIG-r. rpG %o (I r . 6rE;L-.p porlaG, CCU'-TtU:TUa COIL 0� 9PTa 05-4:6 LGaS'-J2'lJr3 P T, Ot, - 4: IJ e 4: p r., 6 u cr Desiz, v"IF - : ?OnrP 9nLTTudPOU' ACLIJOU4: 02qC"I Zc� Mrs. Patricia Starr November 27, 1985 Page 2 Should you desire to relocate the structure, the m6nimum yard requi�tements are 50 feet front setback, 25 feet side yard and 30 feet rear yard. We must inform you that this matter must be resolved within ten (10) days, otherwise the matter will be turned over to the City Attorney for further legal action. very truly, Ric,hard Ward, Zoning Administrative Officer RW/mcp 2 Encls Certified mail #P 161 791 096 m ME lommom immug immmm m IN 0 MEN MENEM MIN CITY OF SOUTH BURLINGTON PERMIT NO/00??5 APPLICATION FOR ZONING PERMIT list. Copy CODE OFFICER Zone& 2nd . Copy C TY ENGINEER 11 3rd. Copy CITY ASSESSOR 4th Copy APPLICANT Date ............................................ 19 The undersigned hereby appiles, for permission to make certain building Improvements as described below. (Plans to be submi"ed if required by Building Inspector.) All construction to be completed In accordance with the Zoning Laws and Building Regulations of the City of South Burlington and the State of Vermont, and con- form to the Regulations of the National Board of Fire Underwriters and any and all Federal Regulations now in effect. CONSTRUCTION ST R E ET 6;�P NUMBER OCCUPANCY FLOORS LOT SIZE: Frontage Depth Lot No. Single Family B 1 2 3 Two Family Cement OWNER BUILDER e.) cULJe-,tC__ Apartment No. Fam. Earth WATER SUPPLY: Public 0 Private E] Store Pine Offices Hardwood SEWAGE DISPOSAL: Public El Septic Tank 0 Permit Warehouse Tile Carpet Res. Garage Attic Fl. & Strs. No. Cars Det.0 Att. Gas Station INTERIOR FINIS Additi ons- Alterations 113 11 12 13 1 FOUNDATION Pine Concrete Hardwood Concrete Block Shestrock Brick or Stone Unfinished 4t Piers Paneling Collor Area Full Y. % Recreat. Room No Cellar F:jished Attic � reolace ROAD OPENING: (Show layout) Permit * ELEC. WIRING: Underground [-] Overhead E] Permit # Plot to scale Lot and Building Improvements, showing width of Front, Side and Rear yards. Mark N at Compass point Indicating North. EXTERIOR WALLS Clapboards HEATING — — — — — — — — Wide Siding Pipeless Furnace Drop Siding Hot Air Furnace No Sheathing Forced Air Furn. Wood Shingles Steam Asbes. Shingles Hot Wat. or Vapor Stucco on Frame No Heating Stucco on Tile Electric Brick Veneer Gas Burner Brick on Tile Oil Burner Solid Brick War Panels Stone Veneer PLUMBING Conc. or Cind. BI. Bathroom Toilet Room Terra Cotte Water Closet I I I I L I Vitrolite Kitchen Sink Plate Glass Std. Wat. Heat Insulation Auto. Wat. Heat W sat a r p Cact. —at. byst. Laundry Tubs PROPERTY LINE Remarks 0 Demolition 0 Utilities closed 11 Estimated At ROOFING Asph. Shingles No Plumbing Wood Shingles TILING Asbes. Shingles Bath Fl. & Wcot. Slate Toilet Ff. & Wcot. Tile LIGHTING Metal Electric Composition No Lighting Roll Roofing NO. OF ROOMS Bsmt. Is 3rd. FEE COMPUTATION $ Plans received Yes t?" No 0 Zc SIGNATURE of OWNER or BUILDER ADDRESS of OWNER APPLICATION: RE ',�CTED 0 APPROVED SIGNATURE OF CODE OFMER V,qI Ir-r) Tn Date - zejla�' , PERMIT VALID FOR SIX MONTHS September 10, 1985 Mrs. Patricia Starr 70 Bartlett Bay Road South Burlington, Vermont 05401 Dear Mrs. Starr: Be advised that the Zoning Board of Adjustment has granted your request according to the application on file with this office. Formal findings will be issued by the Bo�ard at a later date. This office will issue a permit upon your request. Use of the guest house is restricted to family members and prohibits rentals. If you have any questions please don't hesitate to call me. Very truly, Richard Ward, Zoning Administrative Officer RW/Mcg 7zp .31 00 '0 A 0 10 Y 00 v 0 or Ro 'A - 04 jp cb q Of 14 , v W,.e % Orj V we .10 , —.f , M ZY 6; .6 Jbw b Ar b e. 4P 4 August 26, 1985 Patricia Starr 70 Bartlett Bay Road South Burlington, Vermont 05401 Re: Zoning appeal Dear Ms. Starr: Be advised that the South Burlington Zoning Board of Adjustment will hold a public hearing at the City Offices, Conference Room, 575 Dorset Street on Monday, September 9, 1985 at 5:00 P.M. to consider your request. Please plan to attend this meeting. Very truly, Richard Ward, Zoning Administrative Officer RW/Mcg b-rAt�x, i-atricia 70 Bartlett Bav Road Area zoned R-1 District Section 19.00 Non -conforming uses and non -complying structures F.M.V. building $1,101 Estimated cost of repairs $5,000 - 25% rule complies Easterly lot in question 75' x 100' occupied as a guest house - use permitted Section 7.102 accessory uses Section 18.00 Dimensional requirements Minimum front yard 50 feet Existing 40 feet Minimum side yard 25 feet - existing 9 feet Proposed: remodel interior, change roof line, enclosed porch 4 ht . 'ry, E, i T& 4 46, r 04 f 1� -Y-k- 71 -61