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Home My WebLink AboutVR-85-0000 - Supplemental - 0085 Oakwood Drive (2)South Burlington Dorset Street South Burlington, Zoning Board of Adjustment VT 05401 85 Oakwood Drive South Burlington, VT 05401 January 15, 1985 To the Members of the South Burlington Zoning Board of Adjustment: We believe that the circumstances which necessitate our appeal for a zoning variance meet the criteria which have been established for the approval of our appeal in the following ways: 1. The location of this property immediately adjacent to Interstate 89, the resultant limitation of the building envelope for this property by the 150 foot set -back restriction (from the interstate) and the irregular shape of this property are physical circumstances unique to this property which are preventing its development in strict conformity with the zoning regulations. 2. The physical circumstances cited in (1) have the effect of creating a building envelope on this property which is so irregularly shaped that the property cannot be developed in accordance with zoning regulations to enable reasonable use of the property as an R2 property. 3. As the original, present, and future occupants of this property, it has always been our goal to make the best possible use of this irregular building envelope. For instance, prior to construction of the existing structure we instructed the builder to locate this structure in the southeasternmost corner of the envelope in order to maximize the potential of this irregular building envelope. But even though the existing structure is located as far as possible away from Interstate 89, the space remaining within the building envelope does not permit proper development of the property. 4. This variance, if authorized, will not alter the essential character of the neighborhood in which it is located, as two of the three neighboring properties are being occupied, or have been, in recent years, occupied as two family residences in accordance with the zoning in this area. Nor would this variance, if authorized, impair the use or development of adjacent properties since the structure we propose would extend our present structure in the direction of Interstate 89, and not in the direction of any adjacent properties. The proposed addition will be more than 50 feet away from closest adjacent property, and the height of this addition will be no greater than the height of the existing structure. 5. We are requesting a variance that would allow the proposed structure to extend only 15 feet beyond the 150 feet Interstate 89 set -back restriction, in a triangular shape. Only 200 square feet of the proposed structure will be outside of the present building envelope and all of it will be in the direction of the Interstate rather than toward adjacent properties. This variance, if authorized, will represent the minimum variance that will afford relief from the limitations of the irregular building envelope of this property which is a result of its unique shape, its proximity to Interstate 89 and the resultant 150 foot set -back restriction. -1- Thank you for your consideration of our appeal. Respectfully.yours, le�6Ac x �j1,e Robert A. Fales 'Delnetra I. Fates ps -2- NOTICE OF APPEAL SOUTH BURLINGTON ZONING BOARD OF ADJUSTMENT Name, address and telephone # of applicant ✓C,�if r �-;�� ahc! 1/PhIr� Ycc VT Name, address of property owner �;�/yj��? cCS �1 /oye Property location and description 2 i. 1 Ii 1, I i IJ: a 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 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, onference Room, 575 Dorset Street, South Burlington, Vermont on a�//�1�i at .�j`: 00 _/?', day of we month and date time to consider the following: Appeal of /LL '-�.�-r► �- seeking a �j ,� , from Section l� /O of the South Burlington Regulations. Request is for permission to s , 019 i NO'rICE OF APPEAL SOUTH BURLINGTON ZONING BOARD OF ADJUSTMENT Name, address and telephone # of applicant AApr 'Glno anal )9Pjw�y 7 tea'& cld 1__1)r1'►'e . IVT Name, address of property owner S'gY!/P_ CTS cT,60Ve Property location and description Far 4aKvV pn'w I'h_ael[/ 911 L ,_ _ J V,YI. _ .J.... _ 1 4- J ` --I- .1 _ _L . , , , 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.1/ ter. /lf�G�oar t zs �o Let%ate 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 at day of week month and date time to consider the following: Appeal of seeking a , from Section , of the South Burlington Regulations. Request is for permission to No Text 4 q�ot. erifrQN e^ U ., -.K vi n ex f it _ I O/o-,A - / 14 �iR i.1n gIQ3y pOOr- Or large wioasw /'1 � M �----- i---r �J � ~' `� -----� ___ , �..�-_,.1 i �� 1 • � T i ..� -- -� 1 ' -� i ��;��illi� SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 1 I7, Tide 24 V.S.A. the South Burlington Zoning Board of Adjustment will hold a j public hearing at the South Bur. ngton Municipal Offices, Con- ference Room, 575 Dorset Street, South Burlington, Vermont on Monday, January 28, 1985, of 5:00 P-M. to consider the foiywing: Appeal of Robert and Demetro Fates seekina variance, from Section 18.194, Dimensional re- quirements of the South Burling. ton Regulations. Request is for Permission to construct a 26':3l' addition to within one hundred thirty sirs 11361 feet of Interstate 89, at 85 Oakwood Drive. Richard Word, Zoning Administrative Officor January 12, 1985 January 14, 1985 Mr. Robert Fales 85 Oakwood Drive South Burlington, Vermont 05401 Re: Zoning appeal Dear Mr. Fales: 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, January 28, 1985 at 5:00 P.M. to consider your request for a zoning variance. Please plan to attend this meeting. Very truly, Richard Ward, Zoning Administrative Officer RW/mcg ebel ,41 Y�Isurls aglsq j79dW . iM svl iU boow sO 28 10�24 Ja0mlQv rio.jprllllua ;bfuoa lsec{gs pr.inoa :99 :83163 . YM xs9Q 1n9n�.�au,6H 'o �isac3 p<.rnc�S no�pni Lxufl ti�tua2 9r!� �si� !;g� v��c: 9t3 ,MOOR �Iia 9il.i fb pni�s9r` O1.[duq r blori ttiw ol ..14.4 GJ:2 js c?8?t ,8& Nt7sunsL ,ys�,noc7 rro �9sxja f_=?soQ 2C2 .9Dnal7ev pninas k; xo3 jasup9x xuoy .)h*arlou . p,tiJs9rrl a idj bn9J- s of nsirl :a�:s9t4 ,ylux.# Y,Igv , busw blsdol r xyoilaO evilsYjainirabA pninoS pom\wq FA LE S 85 Oakwood Drive Area zoned R-4 Addition 26'x3l', two stories. Proposed addition is additional living unit Section 18.104, dimensional requirement - minimum setback from I-89 150 feet proposed 136 feet Lot contains 21,500 square feet with 143 foot frontage state Of Vermont LAND USE PERMIT ADMINISTRATIVE AMENDMENT CASE 4CO414-1 APPLICANT Jonathan R. Fales & Rachel Putnam ADDRESS 85 Oakwood Drive South Burlington, VT 05403 LAWS/REGULATIONS INVOLVED 10 V.S.A. §§ 6001 - 6092 (Act 250) Act 250 Rule 34(D) District Environmental Commission #4 hereby issues Land Use Permit Administrative Amendment #4C0414-1, pursuant to the authority vested in it by 10 V.S.A., §§ 6001-6092. This permit amendment applies to the lands identified in Book 511, Page 60, of the land records of the City of South Burlington, Vermont. The Project consists of the after -the -fact approval of a 26' x 31' addition to a single family residence to create a duplex. The Project is located on Oakwood Drive in the City of South Burlington, Vermont. l . Except as amended herein, all terms and conditions of Land Use Permit 44CO414 and subsequent amendments remain in full force and effe t. Dated at Essex Junction, Vermont, this r� �ay of May 2010 By P et E. Kei6el District 44 Coordinator This permit is issued pursuant to Act 250 Rule 34(D), Administrative Amendments, which authorizes a district coordinator, on behalf of the District Commission, to "amend a permit without notice or hearing when an amendment is necessary for record -keeping purposes or to provide authorization for minor revisions to permitted projects raising no likelihood of impacts under the criteria of the Act." The rule also provides that all parties of record and current adjoining landowners shall receive a copy of any administrative amendment. Prior to any appeal of this Administrative Amendment to the Environmental Court, the applicant or a party must file a Motion to Alter with the District Commission within 15 days from the date of this Administrative Amendment, pursuant to Act 250 Rule 34. The decision on the Motion to Alter may be appealed within 30 days of the date of the decision in accordance with 10 V.S.A. Chapter 220. For further information, see the Vermont Rules for Environmental Court Proceedings, available on line at www.vermontiudiciary.ore. The address for the Environmental Court is: Environmental Court, 2418 Airport Rd., Suite 1, Barre, VT 05641-8701. (Tel. 4 802-828- 1660) a „�yy�; }��S y� E CERTIFICATE OF SERVICE I hereby certify on this 20' day of May, 2010, a copy of the foregoing ACT 250 LAND USE PERMIT #4C0414-1, was sent by U.S. mail, postage prepaid to the following individuals without email addresses and by email to the individuals with email addresses listed. Note: any recipient may change its preferred method of receiving notices and other documents by contacting the District Office staff at the mailing address or email below. If you have elected to receive notices and other documents by email, it is your responsibility to notify our office of any email address changes. All email replies should be sent to nrb-act250essex(d�state.vt.us Jonathan R. Fales & Rachel Putnam 85 Oakwood Drive South Burlington, VT 05403 Fred Coombs PO Box 1079 121 Connor Way, Suite 250 fied(4cdrelaw.com Chair, Selectboard/Chair, Planning Commission Town of South Burlington 575 Dorset Street South Burlington, VT 05403 Craig Keller Utilities & Permits/VTrans One National Life Drive, Drawer 33 Montpelier, VT 05633 crai g.kell er(,state.vt.us Louise Waterman, Education Coordinator Brendan O'Shea Vt. Agency of Agriculture, Food & Markets 116 State Street, Drawer 20 Montpelier, VT 05620-2901 louise.watemzan(c),state.vt.us brendan.oshea(ii�state.wt.us Chittenden County Regional Planning Commission Division for Historic Preservation 110 West Canal Street, Suite 202 National Life Building, Drawer 20 Winooski, VT 05404 Montpelier, VT 05620 stilton 4ccrpcjjM scott.dillon&state.vt.us devin.colman(a>state.vt.us Elizabeth Lord, Land Use Attorney - ANR 103 South Main St. - Center Bldg., 3rd Floor Waterbury, VT 05671-0301 anr.act250(),state.vt. us FOR YOUR INFORMATION Mike Kundrath - Vt. Dept. of Public Service DISTRICT ENVIRONMENTAL COMMISSION Tom Little, Chair 111 West Street Essex Junction, VT 05452 112 State Street, Drawer 20 ADJOINING LANDOWNERS Montpelier, VT 05620-2601 michael.kundrath(a?state.vt.us On File at District Commission Office Dated at Essex Junction, Vermont, this 20`' day of May, 2010. /s/ Barbara J. Cady Barbara J. Cady, Administrative Secretary 879-5670 barbara.cadvrc),state.vt.us - W:Wct250\DIST4\PROJECTS\4CO251-4C0500\4C0414\4C0414-1 csPermit.wpd.bc No Text No Text