Loading...
HomeMy WebLinkAboutZB-88-0000 - Supplemental - 0115 0117 Oakwood DrivePYLE, Thomas & EATON, Susan 115-117 Oakwood Drive Area zoned R-4 District & Conservation -Open Space. Variance granted for same application June 13, 1988._ Section 18.00 Dimensional requirements. Minimum setback from I- 89 (sub -section 18.104) 150 feet. Proposed 30' x 32' two story, two-family dwelling to within 32 feet of Interstate right-of-way. No frontage on public roadway will require approval by Planning Commission. -3- average depth of 7 feet area could be used for additional parking. Note: A 16,400 square foot garage has been constructed, the area in question is south of the new building. Mr. Blais read the following memo from W. Szymanski, City Manager To: South Burlington Zoning Board of Adjustment From: William J. Szymanski, City Manager Re: Farrell Distribution Corporation, Holmes Road Date: June 8, 1988 The filling of approximately 10' on top of a sewer pipe will place an additional 1200 to 1500 lb. load on top of this pipe plus truck parking loads. The pipe is asbestos cement class 2400. The City does not have any information on this pipe. An engineering firm doing sewer design work should be consulted for this loading information. Mr. Blais asked what's the purpose of this filling? Mr. Lamphere said it will be used for additional parking and additional areas for circulation of the trucks. I also talked to Krebs & Lansing Consulting Engineers about the pipe. The worst condition is under the railroad tracks. It shouldn't be a concern. Mr. King said I certainly would be concerned as far as what Mr. Szymanski has said about this. I would like to see further investigation. Mr. Blais said is Mr. Szymanski suggesting that the responsibility be borne by the developer as a result of breakage. Mr. Ward said we have to convince him of this - his only concern is the pipe. Mr. Boehm stipulated that the appeal be approved subject to submission of information satisfactory to Mr. Szymanski regarding the sewer pipe. This was seconded by Mr. King and all voted aye. The appeal was granted 5 - 0 as stipulated. No. 3 Appeal of Susan Eaton Appeal of Susan Eaton seeking a variance from Section 18.00 Dimensional requirements, sub section 18.104 Interstate setback, request is for permission to construct a 30' x 32' two-family dwelling to within thirty two (32) feet of the Interstate 89 right-of-way, located at 115-117 Oakwood Drive. Mr. Ward said area zoned R-4 and C.O. Districts. Section 18.00 Dimensional requirements. Minimum setback from I-89 - 150 feet (subsection 18.104). Proposed - 30' x 32' two family dwelling to within 32 feet of I-89. Lot .44 acres (170' x 120'). No frontage existing on public roadway - private drive proposed which is subject to Planning Commission approval. Mr. Charles DesLauriers addressed the 5.criteria as follows: 1. Applicant owns two pre-existing lots now combined to form one 21,000 square foot lot. Applicant proposes to build one two story duplex house of -4- approximately 1850 square feet on the lot. The depth of the lot to the right of way from the interstate fence is only 120 feet. This means the only way the property can be built on is by waiving the 150 ft. conservation district. 2. Based on the Conservation District the lot is not buildable and is therefore useless. This results in severe economic hardship to the owner. The only way economic value can be maintained is by authorizing a variance. 3. The original conservation District along Interstate 89 did not consider the fate of undeveloped lots along Oakwood Drive. The impact of this prohibition on development within the 150 foot District on these lots has been brought to the City Council's attention only on a case by case basis. 4. Variances have been granted in the past in this area. This variance would permit completion of the neighborhood along Oakwood Drive and enhance the appearance by providing landscaping and maintenance of two previoulsy vacant lots. The design of the house compliments the neighborhood and its placement among the trees to the south will help screen its view from both the Interstate and Oakwood Drive. 5. Waiving the Conservation District on this combined lot is the only request for a variance. The proposed house cogforms to all other applicable zoning regulations. Mr. Blais asked what date and time was this subdivided. Mr. DesLauriers said in 1957. Mr. Blais said zoning and the Interstate didn't exist at that time. There was some discussion as to the location of this building on the lot and the trees and landscaping. The appeal was granted unanimously. No. 4 Appeal of Rik Carlson Appeal of Rik Carlson seeking approval from Section 11.20 Conditional uses, sub section 11.211 Outside storage, request is for permission to use a 40 foot trailer box for storage, located at the Sleepy Giant, 388 Shelburne Road. Mr. Ward said the area is zoned C-1 District. Section 11.20 Conditional uses - sub section 11.211 Outside storage (Section 19.0� Conditional use review). Proposed 40' trailer box within rear yard. Note: The location of this trailer box may affect the access to parking (spaces 14/17 on plan). Mr. King asked is this one of those off the road stay on wheels? Mr. Carlson said this will be a registered vehicle used to pick up merchandise and deliver the height will be 12' - it will not be visible from Shelburne Road. There is a row of trees between our property and neighbors. Mr. King said this would be mainly visible from Sherwin-Williams complex and Proctor Avenue. What is the reason for this? Mr. Carlson said this has nothing to do with the upstairs office use requested prior. There are new product lines available to me that I would like to purchase in larger quantities. Mr. Blais said the upstairs is not suitable for storage. Mr. Carlson said it would be for box springs and mattresses which could not be stored upstairs. Mr. Boehm said I am concerned with the neighborhood. Mr. Blais asked is this on a limited time basis? -01 STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON DECISION & FINDING OF FACT On the nth day of T„no , 198_BL, the South Burlington Zoning Board of Adjustment heard evidence regarding the appeal of Susan Eaton 115-117 Oakwood Drive based on the following facts and findings: 1) Lot is not bu ldable without a waiver. 2) Subdivided before construction of Interstate 89_ 3) Hardship is created by location of interstate 4) Reasonable use of the property. 5) 6) Based upon the above stated facts and findings the appellant's request for a varianceX&Xz K1KXaa(EMX00W is hereby approved&T{qqXkW*- St.ipuIat, ions: i SOUTH BURLINGTON, VT. -144ifl Y�� `' h" t. h ' oof,t.he CITY CLERK'S OFFICE �� South Bur-Iingt.on "Zoning Board of Adjustment, City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 May 29, 1990 Mr. Thomas Pyle 65 Old Stage Road Essex Junction, Vermont 05453 Re: Zoning appeal Dear Mr. Pyle: ZONING ADMINISTRATOR 658-7958 Be advised that the South Burlington Zoning Board of Adjustment will hold a public hearing at the City Municipal Offices, 575 Dorset Street on Monday, June 11, 1990 at 7:00 P.M. to consider your request for a zoning variance. Please plan to attend this hearing. If you have any questions don't hesitate to call me. Very truly,, Richard Ward, Zoning Administrative Officer 1 Encl RW/mcp ZONING NOTICE In accordance with the South Burlington Zoning Reggulations and Chapter 117, Title 24,' V.S.A. the South Burlington Zoning Board of Adjustment will hold a ppublic hearing at the South Burlin ton Municipal Offices, Conference Room, 575 Dorset Street, South Burlington, Vermont on Monday, June 11, 1990 at 7:00 pm. to consider the following: H Appeal of Gerald and Mary Pepin seeking a variance from Section 18.00 Dimensional re- quirements of the South Burlington Regulations. Request is for permis- sion to relocate an existing 24'x24' garage to within five (5) feet of the easterly side yard, at 9 Richard Terrace. `2 Appeal of Wesco Inc., David Simendinger seeking approval from Section 19.65 Multiple uses of the South Bur- lington Regulations. Re- quest is for permission to operate a mini -mart (approximately 330 square feet) construct a 10'x40' storage area and operate a camper trailer rental business in conjunction with a two (2) bay service station on a lot containing ap- proximately 27,000 square feet, located at 1800 Williston Road. `3 Appeal of John H. Crabbe, Jr., seeking a variance from Section 18.00 Dimensional, den- sity requirements of the South Burlington Regu- lations. Request is for Fu convert an existing dwelling into a two-family dwelling on a lot containing 9600 square feet with 80 foot frontage located at 119 Oakwood Drive. r4 Appeal of Bayview Old- smobile -Cadillac, Gerry Barker, agent, seeking a variance from Section 18.00 Dimensional re- quirements and Section 19.003 Extension of non -conforming uses of the South Burlington Regulations. Request is for permission to con- struct a 25'x60' addition to an existing autobody repair shop to within five (5) feet of an easter- Iy rear yard, at 1030 Shelburne Road. *5 Appeal of Susan Eaton and Thomas Pyle, agent, seeking a vari- ance from Section 18.00 Dimensional require- ments subsection 18.104 Interstate set- back of the South Bur- lington Regulations. Request is for permis- sion to construct a 30'x32' two -family dwellinngg to within thirty two (32) feet of the In- terstate 89 right-of-way, located at 115-117 Oak- wood Drive. Richard Ward, Zoning Administrative Officer Aay 26, 1990 all_ 2� 441wo ©� . 1-0,44, 0-� 4� 0 zt-,� - 3 ZJv LEGAL NOTICES 1 SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Re ulations and Chapter II Titie 24, V.S.A, the South in ton Zoning Board of Adiustment will hold a ppuublic hearing at the South Budi ton Municipol Offices, Conference Room, 575 Dorset Street, South Burlington, Vermont on Monday, June 13, 1988 at 7:00 P.M. to consider the following: k 1 Appeal of Michael Barry seeking approval from Sec- tion 19.65 Multiple uses, subsection 19.652 of the South Burlington Regula- tions. Request is for permis- sion to construct a 65' x 160' structure occupying 5200 square feet for auto body repair and 5200 square feet for storage and distribution, also occupy 4200 square feet of the existing structure for service and repoir uses on a parcel containingg 3.4 acres, lo- cated at 29 Berard Drive. M2 Appeal of Farrell Distrib- uting Lompany, James Lam- phere, agent seeking approval from Section 14 35 Filling with earth product$ of South Burlington Regulations. Request is for Permission to fill an area containing approximately 15,000 to 20,000 square feet an avoro 0 depth of seven (7) feet, located east- erly of the Vermont Railroad tracks and southerly of the new garage facility, at 5 Holmes Road. 03 Appeal of Susan Eaton -ekSection 18.00 Dimensional Rsyyuirements subsection 18.104 Interstate setback of the South Burlington Regula- tions. Request is for permis- sion to construct a 30' x 32' two family dwelling to with- in thirty two (32) feet of the Interstate 89 right-of-wayy located at 115-117 Oak wood Drive. #4 Appeal of Rik Carlson seek' mmgg approval from Sec - iron 11.20 Conditional uses, subsection 11.211 Outside storage of the South Burling- ton Regulations. Request is for permission to use a 40 foot trailer box far storage, located at Sleepy Giant, 388 Shelburne Road. Richard Ward, Zoning Administrative Officer May 28, 1988 Susan Eaton 115-117 Oakwood Drive Area zoned R-4 and C.O. Districts Section 18.00 Dimensional requirements. Minimum setback from I- 89 -150 feet (sub section 18.104). Proposed - 30' x 32' two family dwelling to within 32 feet of I-89. Lot .44 acres (160' x 120'). No frontage existing on public roadway - private drive proposed which is subject to Planning Commission approval. 1 City of South Burlington Application to Board of Adjustment Official Use APPLICATION # HEARING DATE Date Mav 21, 1990 Applicant_ Thomas Pyle Contract Owner, leasee, agent 65 Old Stage Road, Address Essex Jct. , VT Telephone # Landowner Susan Eaton FILING DATE FEE AMOUNT 878- 2787 Address 8 Greebner Dr., Essex Jct. ,VT Location and description of property .44 acres located @ 115-117 Oakwood Drive Type of application check one ( ) appeal from decision of Administrative Officer( )request for a conditional use ( X ) 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 150' Conservation District a Reason for appeal This restriction was placed long after the lot was created and renders the nronerty valueless. Reauest nermission to Build within district. 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. June 11, 1990 Hearing Date Signature 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 Month and Date -9 Appeal of J" Day of Week at to consider the following: Time seeking a e R, i , from Section `' *V*A /Lf �lG'rlira�tg2,.7t c..l.�,•, •1j°, fC?�4i' ,�.,,e� 1.� .p w{.,_ Y of the South Burlington Regulations. Request is for permission to,A_*yi �� � d ��►-y...: l� G.�c,v � City of South Burlington Application to Board of Adjustment Date May 1, 1988 Applicant Susan Eaton Address 8 Greenbrier Dr. Owner, lessee, agent Essex Jct. VT Telephone # 8790996 Landowner Susan Eaton Address same Location and description of property APPLICATION 4t HEARING DATE FILING DATE FEE AMOUN�3 G Ov Tel # .44 acres located @ 115-117 Oakwood Dr. Type of application (check one ( ) appeal from decision of Administrative Office ( ) request for a conditional use ( x ) 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 advertisment 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 150' Conservation District Reason for appeal This restriction was placed long after the lot was created and renders the property va ue ess. xequest permtsstuii to bu±ld with in Distri t 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. Ju ue- i3 -. 1988 Hearing Date S gnature of llant Do not write below this line -------------------------------------------------------------------------------- SOUTH BURLINGTON ZONING NOTICE Tn 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 dai--) Time Appeal of seeking a C,, from Section �� .:� /�s•w�.� of the South Burlington Regulations. Request is for permission to 1 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 June 1, 1988 Ms. Susan Eaton 8 Greenbrier Drive Essex Junction, Vermont. 05453 Re: Zoning Appeal Dear Ms. Eaton: ZONING ADMINISTRATOR 658-7958 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, June 13, 1988 at 7:00 P.M. to consider your zoning application. Please plan to attend this hearing. Very truly, Richard Ward, Zoning Administrative Officer RW/mcp 1 Encl APPLICATION FOR VARIANCE TO 150 FOOT CONSERVATION DISTRICT 115 - 117 OAKWOOD DRIVE JUNE 13, 1988 CRITERIA 1: Applicant owns two pre-existing lots now combin- ed to form one 21,000 square foot lot. Applicant proposes to build one two storey duplex house of approximately 1850 square feet on the lot. The debth of the lot to the right of way from the interstate fence is only 120 feet. This means the only way the property can be built on is by waiving the 150 ft. conservation district. CRITERIA 2: Based on the Conservation District the lot is not buildable and is therefore useless. This results in severe economic hardship to the owner. The only way economic value can be maintained is by authorizing a variance. CRITERIA 3: The original conservation District along Interstate 89 did not consider the fate of undeveloped lots along Oakwood Drive. The impact of this prohibition on development with in the 150 foot District on these lots has been brought to the City Councils attention only on a case by case basis. CRITERIA 4: Variances have been granted in the past in this area. This variance would permit completion of the neighborhood along Oakwood Drive and inhance the appearance by providing landscaping and maintenance of two previously vacant lots. The design of the house complements the neighborhood and its placement amoung the trees to the south will help screen its view from both the Interstate and Oakwood Dri ve. CRITERIA 5: Waiving the Conservation District on this combined lot is the only request for a variance. The proposed house conforms to all other applicable zoning regulations. Kwoo b D Q ,5Le✓4Tio�-D > ,6dTo ,v t 3 CRABBE ' v 130, p 552 I � o N 1 2 DF VF SCOTT D. TAYLOR NO. 488 O sua� s, ` x LOCUSPLAN THIS PLAT IS BASED ON A TOTAL STATION CONTROL TRAVERSE, EVIDENCE FOUND IN THE FIELD AND INFORMATION ABSTRACTED FROM THE SOUTH BURLINGTON LAND RECORDS BEARINGS ARE BASED ON MAGNETIC NORTH. BEING THE LAND CONVEYED TO SUSAN EATON IN VOLUME 256 PAGE 515 PLAT OF LAND OF SUSAN EATON SOUTH BURLINGTON, VERMONT TRUDELL CONSULTING ENGINEERS, INC. 14 Blair Park Road Box 308 Williston, Vermont 05495 (802) 879.6331 Project number__86090 _ Project mgr. SDT Drawn KI Date__ 5 /13 i 88 Scale 1u = Feld Book_- 100 Disk 10 - OAKWOOD DRIVE p. 68 COTA_ v 171, p 211 W W GRAVEL OR/VE o, Q Z I DORSET LAND CO , INC. v 256 p 511 1 1 i a 302.4 DORSET LAND CO, INC EXISTING MANHOLE '-- Zi•302.3 S OT °03 /2 " W S 07057' i r✓ 66.7.3 \ 1 � 0.44 ACRE;,- ;- PROPOSED � PROPOSED PARKING BUiI DING�I \ AREA AND \ DR/ ✓EWAY- i I GREENOMTASEMEh'T A - -- I O 4 s9 COkP 1 7] DECK i o of -Olt 1 _ 160 Oo' I �M. N 07 .25 53 E , r STATE OF VERMONT ( INTERSTATE 89 ) LEGEND Graphic Scale IRON PIPE (TO BE SET) Feet ♦ IRON PIPE (FOUND) 20 0 20 40 60 80 REBAR WITH PLASTIC Meters CAP (FOUND) 5 0 5 10 15 20 25 • CONC. MONUMENT ( FOUND) To obtain meters multiply feet by 0.3048 POWER POLE CHAIN LINK FENCE