HomeMy WebLinkAboutVR-00-03 - Decision - 0314 Patchen Road#VR-00-03
DEVELOPMENT REVIEW BOARD
CITY OF SOUTH BURLINGTON
Re: APPEAL OF RALPH & CHERYL GUILLETTE - VARIANCE
This matter came before the South Burlington Development Review Board pursuant to the
provisions of 24 VSA §4468(a) on appeal of Ralph & Cheryl Guillette for a variance to allow a single
family dwelling to project 15' 4" into the 50 foot front yard setback requirement, 314 Patchen
Road. The Appellants were present at the public hearings held on 6/6/00 and 7/11/00 relative to
this appeal. Based on the evidence submitted at the hearings and as part of this appeal, the
South Burlington Development Review Board hereby renders the following decision on this appeal:
FINDINGS OF FACT
1. The owners of record of this property located at 314 Patchen Road are Ralph & Cheryl Guillette.
2. This property is located within the Residential 4 Zoning District.
3. The width of the Patchen Road right-of-way (r.o.w.) is 66 feet.
4. Section 25.101 of the zoning regulations requires a 50 foot setback from the Patchen Road
r.o.w.
5. On 4/14/00 Planning & Zoning Assistant Sarah MacCallum and Administrative Officer Ray Belair
measured the distance from the house in question to the center line of Patchen Road as being 67'
8". The requirement is 83 feet from the centerline of the road (33 feet to edge of r.o.w. plus the
50 foot setback requirement). The house is therefore on 34' 8" from the r.o.w.
7. On April 27, 2000, the Administrative Officer notified the Appellant's by certified mail, that they
were in violation of the South Burlington Zoning Regulations for having constructed their single
family dwelling at 314 Patchen Road 15' 4" too close to the front property line.
8. Zoning permit #98-274 issued on 9/4/98 by then Administrative Officer Richard Ward indicated
that this house would be constructed 65 feet from the edge of the r.o.w. which is 15 feet further
from the r.o.w. than required.
9. The lot on which the house in question was constructed is lot #2 of a subdivision approved by
the South Burlington Planning Commission on 3/24/98 (effective 4/14/98) The lot has 100 feet
of frontage on Patchen Road and is 180 feet deep. It is of a regular shape with no exceptional
topographical features.
CONCLUSIONS OF LAW
1. There are no 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 not due to such
conditions, and is due to the circumstances or conditions generally created by the provisions of
the zoning regulations in the neighborhood or district in which the property is located. The lot is
180 feet by 100 feet with no exceptional topographical features.
2. Because there are no physical circumstances or conditions, there is a 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 unnecessary to enable
reasonable use of the property. Zoning permit #98-274 issued on September 4, 1998 indicated
that the house would be constructed to meet all the required setback requirements.
3. The unnecessary hardship has been created by the appellant by not constructing the house
to meet the required setback.
4. The variance if authorized, will alter the essential character of the neighborhood or district in
which the property is located, and will substantially or permanently impair the appropriate use or
development of adjacent property, and will be detrimental to the public welfare. Allowing a
smaller front yard setback than permitted by the zoning regulations would alter the character of
the area.
5. The variance, if authorized, will not represent the minimum variance that will afford relief and
will not represent the least modification possible of the zoning regulations and of the plan.
DECISION
Based on the above Findings of Fact and Conclusions of Law, the South Burlington Development
Review Board denies the Appellants' request for a variance to allow a single family dwelling to
project 15' 4" into the 50 foot front yard setback requirement, 314 Patchen Road for the following
reason:
The five (5) criteria necessary for the granting of a variance have not been met.
Dated this / day of July, 2000 at South Burlington, VT
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Chairman or Clerk
South Burlington Development Review Board
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