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HomeMy WebLinkAboutAO-00-03 VR-00-03 - Supplemental - 0314 Patchen Roadi i •� +.' �. ;fit. • r i �. DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 October 5, 2000 Paul Morwood 333 Dorset Street South Burlington, VT 05403 Re: Appeal #AO-00-03, Ralph & Cheryl Guillette Dear Mr. Burke: Enclosed is a copy of the June 6, 2000 Development Review Board minutes on the above referenced project. If you have any questions, please give me a call. Sincerely, Sarah MacCallum, Planning & Zoning Assistant SM/mcp 1 Encl DEVELOPMENT REVIEW BOARD 6 JUNE 2000 PAGE 3 The new deck will be made of cedar and will be 28 ft. long, within the footprint. Mr. Belair said staff visited the site and has no concerns. Ms. Quimby moved the Development Review Board approve conditional use application #CU-00-12 of Douglas & Lynn Dapice under Section 3.506 and Section 26.05 of the South Burlington Zoning Regulations to replace a 30-foot by 12-foot deck with a 28-foot by 12-foot deck in the Lakeshore Neighborhood District, 119 Holmes Road, as depicted on a plan entitled "Lynn and Doug Dapice,119 Holmes Road Ext., S. Burlington, VT 05403," with a stamped received date of June 6, 2000, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. The deck shall be constructed of natural wood materials and shall remain natural in color or be stained or painted a natural wood color. 3. The applicant shall obtain a zoning permit within six months pursuant to Section 27.302 of the .Zoning Regulations or this approval is null and void. 4. Any change to the site plan or appearance of the deck shall require approval by the South Burlington Development Review Board. Mr. Farley seconded. Motion passed unanimously. 7. Appeal #AO-00-03 of Ralph and Cheryl C. Guillette appealing the decision of the Administrative Officer that the appellant's single family dwelling at 314 Patchen Road is in violation of the zoning regulations due to it projecting 15'4" into the 50 foot front yard setback requirement: Mr. Belair gave members material just submitted by appellant's counsel, Paul Morwood. Mr. Dinklage said the first issue is whether the house violates the zoning regulations. Mr. Morwood said their appeal is not whether the house is 15'4" further into the setback but with the remedy which they feel is excessive ($100/day). 1n addition, moving the house would bankrupt the Guillettes and isn't a practical decision. Mr. Morwood said that under the statutes, the Board does not need to do either as the mistake was made by the builder, not the Guillettes. Mr. Morwood also noted that other houses on the street are further into the setback than the Guillettes. DEVELOPMENT REVIEW BOARD 6 JUNE 2000 PAGE 4 Mr. Dinklage asked if the Board can uphold the Administrator's decision without going along with the remedy. Mr. Belair said only the Court can establish the fine. The remedy to move the house is the only other remedy than a variance. Mr. Morwood noted that the DRB has the power to waive setback requirements. Mr. Dinklage asked if there is any discussion about having the Planning Commission amend the zoning ordinance to encompass this situation. Mr. Belair said no. The current setbacks were adopted in 1974, and since then everyone has been required to build to the setback requirements. Mr. Farley said the house seems to fit in with the neighborhood and is a nice piece of property. Mr. Roth said if it doesn't impact the neighborhood, he had no problem with a variance. Mr. Belair said Patchen Rd. has been determined to be an arterial. The idea was that if it had to be widened, there would be fewer houses impacted with the deeper setbacks. Mr. Dinklage asked how the incursion happened. Mr. Morwood said the builder was doing a house on Kirby Rd. where the setback is 30 ft. He assumed the setback was the same here. Mr. Belair said he was told the homeowner wanted a larger backyard and asked that the house be moved closer to the street. Mr. Dinklage said he would like to discuss this with the City Attorney and asked if the Board can meet with him to deliberate. Mr. Belair said they can. Mr. Guillette said part of their income is derived from a day care in the basement, and if the house is displaced, there will be a problem. Mr. Nlorwood said they would concur with a continuance to allow the Board to speak with the City Attorney. Ms. Quimby moved to continue until l i July. Mr. Farley seconded. Motion passed unanimously. DEVELOPMENT REVIEW BOARD 6 JUNE 2000 PAGE 5 8. Application #VR-00-03 of Ralph & Cheryl Guillette seeking a variance from Section 25.00, Area, Density and Dimensional Requirements of the South Burlington Zoning Regulations. Request is for permission to allow a single family dwelling to project 15'4" into the 50 foot front yard setback requirement, 314 Patchen Road: Ms. Quimby moved to continue to 11 July 2000. Mr. Roth seconded. Motion passed unanimously. 9. Sketch plan application #SD-00-26 of Fairway Estates, LLC to amend a planned residential development consisting of 297 residential units and an 18-hole golf course. The amendment consists of combining 14 single family lots into one lot and constructing 13 duplex units for a total of 12 additional units, Economou Farm Rd: Mr. Burke said the road layout would be the same. There would be 3-bedrom town homes, high end pricing. Total coverage would be 23%. They anticipate very few children. They have yet to get a letter to the School Department. Mr. Burke said they don't agree with the suggestion that units be sprinklered. Mr. Dinklage said it has been the Board's practice to meet the concerns of the Fire Chief. He added that in the absence of sprinklering, there would have to be very good access. Mr. Burke said there would be no dumpster. The road is about 1000 feet long from Swift Street. They would go from 14 driveways down to 11. These would be footprint lots. Mr. Greenblatt raised the question of traffic impact. He said they used to have a nice country -style living, and it is now a traffic nightmare. Ms. Quimby noted that you can hardly get through the light at Swift/Dorset in the morning. Mr. Greenblatt said this frustrating. He said residents seem to spend half of their lives coming to the DRB on this project. They agreed to the homes, but the applicant keeps wanting more and more. Mr. Dinklage said the DRB may ask for traffic mitigation. They will want a traffic impact study. CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 August 2, 2000 Ralph & Cheryl Guilette 314 Patchen Road South Burlington, VT 05403 Re: Variance Request and Appeal of Ralph & Cheryl Guilette, 314 Patchen Road Dear Mr. & Mrs. Guilette: Enclosed please find a copy of the July 11, 2000 Development Review Board meeting minutes. If you have any questions, please give me a call. Sincerely, Sarah MacCallum Planning & Zoning Assistant Enclosure i CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 August 2, 2000 Paul Morwood 333 Dorset Street South Burlington, VT 05403 Re: Variance Request and Appeal of Ralph & Cheryl Guilette, 314 Patchen Road Dear Mr. Morwood: Enclosed please find a copy of the July 11, 2000 Development Review Board meeting minutes. If you have any questions, please give me a call. Sincerely, Sarah MacCallum Planning & Zoning Assistant Enclosure DEVELOPMENT REVIEW BOARD 11 JULY 2000 Mr. Belair advised that the applicant has asked to continue the application until 15 August. They are waiting for a response from the City Attorney. There is also a larger development on an adjacent lot which will need a public street for access. This may solve the Goldberg's problem for access. Ms. Quimby moved to continue the application until 15 August. Mr. Farley seconded. Motion passed unanimously. 5. Continued from 6/6/00: Appeal #AO-00-03 of Ralph & Cheryl Guillette appealing the decision of the Administrative Officer that the appellant's single family dwelling at 314 Patchen Rd. is in violation of the zoning regulations due to it projecting 1514" into the 50 foot front yard setback requirement: Mr. Dinklage said the Board met with the City Attorney on this appeal. J undamentally it is a question of whether the Zoning Administrator measured correctly. Mr. Morwood said their appeal is on the solution to the problem (the $100/day fine and the order to move the house back). Mr. Belair said the court would determine the fine, if any, that would be assessed. Ms. Quimby moved that based on the Findings of Fact and Conclusions of Law, the South Burlington Development Review Board hereby denies the Appellant's request to overturn the Administrative Officer's decision of 4/27/00 and affirms said decision. Mr. Roth seconded. Motion passed unanimously. 6. Continued from 6/6/00: Application #VR-00-03 of Ralph & Cheryl Guillette seeking a variance from Section 25.00, Area, Density and Dimensional Requirements of the South Burlington Zoning Regulations. Request is for permission to allow a single family dwelling to project 15'4" into the 50 foot front yard setback requirement, 314 Patchen Rd: Mr. Dinklage said the Board finds itself in a very uncomfortable position. They are required to follow city policy and state law. An appeal must address the 5 criteria and the Board does not have the flexibility to do otherwise. He strongly encouraged the appellant to seek relief through the Planning Commission. He added that he felt city staff would be very supportive. Ms. Quimby then moved that based on the Findings of Fact and Conclusions of Law, the South Burlington Development Review Board denies the Appellant's 2 DEVELOPMENT REVIEW BOARD 11 JULY 2000 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 criteria necessary for the granting of a variance have not been met. Mr. Roth seconded. Motion passed unanimously. 6. Appeal #ZBA-00-30 of John Larkin to overturn the Administrative Officer's Notice of Violation dated June 30, 1999 that the appellant is in violation of the zoning regulations for having constructed a single family dwelling at 6 Pinnacle Drive which exceeds the 417.565 foot mean sea level elevation maximum allowed under Section 22.401 of the zoning regulations: Mr. Belair noted the address is now 69 Pinnacle Drive. The change was made due to the location of the driveway. Mr. Belair said he had a discussion with John Larkin regarding the height of the house. The proposed purchaser asked him to certify that the house was not in .-:elation. Mr. Belair said he suggested the proposed buyer ask Mr. Larkin. The appellant hired Krebs & Lansing who measured the house and found it is a foot and a half too high. Mr. Larkin chose to apply for a variance which was denied by the Zoning Board. The case then went to court but was sent back to the DRB for an "appeal of violation." Mr. Belair said the facts are not in dispute. The house is 1.645 ft. higher than allowed. Mr. Lisman agreed that the facts are not being disputed and that the house exceeds the height limit. He said the building was built within the limits in the Zoning Permit issued by former Zoning Administrator Dick Ward (it called for a 28 ft. height limit). Mr. Lisman said they thought the issue at the Zoning Board was whether the appellant should be punished for complying with a zoning permit. Removing a foot and a half from the roof would make the house very ugly and would not, Mr. Lisman said, protect views which the regulation is trying to protect. He said they are asking that the building be allowed to stay as it is. Mr. Bigelow, who lives next door, said that during construction of his house, the same issue arose. They have complied with the regulation. He said he would not be offended if the Board issued a variance for the house next door. He noted that the house being built behind his house now has completely obscured their views, and that house is of legal height. STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 (802) 660-2555 (VOICEITDD) STEVEN F. STITZEL FAX (802) 660-2552 or 660-9119 PATTI R. PAGE* E-MAIL (FIRM2$55@FIRMSPF.COM) ROBERT E. FLETCHER WRITER'S E-MAIL (ALAFFERTY rci FIRMSPF.COM) (-ALSO ADMITTED IN N.Y.) WRITER'S FAX (802) 660-2552 July 27, 2000 Carolyn Hutchinson, Clerk Vermont Environmental Court 255 North Main Street, 152 Floor Barre, VT 05641 RE: Appeal of Guillette Docket No. 155-7-00 Vtec Dear Ms. Hutchinson: JOSEPH S.McLEAN TIMOTHY M. EUSTACE MIA KARVONIDES AMANDA S.E. LAFFERTY Enclosed for filing with the court in connection with the above -referenced matter is my Entry of Appearance. Thank you. Sincerely, Amanda S. E. Lafferty ASEL/bjl Enclosure cc: Raymond Belair Paul R. Morwood, Esq. Son4385.cor STATE OF VERMONT ENVIRONMENTAL COURT IN RE: APPEAL OF GUILLETTE ) DOCKET NO. 155-7-00 Vtec ENTRY OF APPEARANCE NOW COMES AMANDA S.E. LAFFERTY, of the firm of Stitzel, Page & Fletcher, P.C., and hereby enters her appearance in the above -referenced matter on behalf of the City of South Burlington. DATED at Burlington, Vermont, this 2V" day of July, 2000. Son 691.1it 00-6189 STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 STITZEL, PAGE & FLETCHER, P.C. By: - Amanda S.E. Lafferty CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 July 27, 2000 Paul R. Morwood, Esquire 333 Dorset Street South Burlington, VT 05403 Re: Appeal of Guillette Docket No. 155-7-00 Vtec Dear Mr. Morwood: Pursuant to V.R.C.P. 76(e), as amended effective July 1, 1996, please be advised that to my knowledge there are no interested parties relative to this appeal. If you have any questions, please let me know. Sincerely, Raymond J. Belair, Administrative Officer RJB/mcp cc: Amanda S.E. Lafferty, Esquire Vermont Environmental Court I VERMONT ENVIRONMENTAL COURT oath Burlington, City of 575 Dorset Street South Burlington VT 05403 j (802) 479-4486 1st Floor 255 North Main Street Barre, Vermont 05641 Docket No. .15 _; -'7 : V t.e c Count docket number iS5 "-00 Vtec has peen assigned to th:_ �_bcve- r. :.. zoning Loard/planning co^missi ii appeal . a -ie. ac-,t i ce c' apnea 1 waS _ at the Environmental Court. on :3u1,, 24, 2000. Please ••_ise the r :l nentai Court docket number any document oY a. -king any =Boris concerning this case. _.Cti'OJlt: Rules of Civil. f.:'Yocedure iv :1. 4 and '76 (e) , ac amended, set" o13t ti'ie oc.edures t0 follow 'i;i this app,<:al, ncl ;.cling- the f:i)11cc+7__:-g: pex .,on filing the appeal is called an "a:pEe).'.ar;!." . Appcillant: ha7 thixt.y (.10) days from the date the notice of ,,ppeal was filed to file., A th this Court the statement: of questions x'equ:i. re l by V. R. C. P. 76(e)(4)(B). This otateme.rt should be specific because, it will ga;rarn the scope of the appeal. 2. ;; .. .C.P. 76 (e) , as amended effective July I: .:::,-u i 1 cier;: of the zoning board/planning commission to provide to t:i'�e appellant a list of all interested parties, with instructions to serve notice upon the interested parties that the appeal has been filed and to give them the address of the Court to allow them '_.c participate .Ln the case here. We request that the town/city send to the CiL+rt a copy of the list of interested parties it provided to the appellant. The appellant must send a copy of its notice to i:i�.er_ested parties to this court.. Withi.;] seven (7) days of the date of t1his letter-, v;e r:e<luest that the -.repellant also send us a list of the pe,-. ale who recc'ive.d the appell.ant's notice to interested par,,-I.es. 3. A person with standing co oppose the appeal .is cal..led an "appellee". Appellees have twenty (20) days from the date the appellant serve-s them with the notice that the appeal has been filed, to file their entry of appearance (request to participate) with this Court. Failure to file an appearance within this time may resift in the case proceeding to a merits hearing without them. All parties who are participating in this case are responsible for sending copies of their court filings to the other parties. The case will be ready for hearing when the time for filing the appellant's statement of questions has expired. The Court may extend that time if requested by written motion. The Clerk of the Court will contact the parties to arrange for a pre -hearing telephone conference with Judge Merideth Wright, and the case will be set for a merits hearing to be held in or near the county in which the case originated. Please note that under 24 VSA 4471 (1) these appeals are de novo, unless the municipality has adopted procedures to make them on the record. Sincerely, C,LdzyQ1:2p Christine Eisenwinter, Deputy Court Manager Vt. Environmental Court CC: Paul R. Morwood, Attorney for Appellant, Ralph & Cheryl Guillette FYI: City of South Burlington FAXED COPIES DO NOT MEET FILING DEADLINES. FAXED DOCUMENTS MAY BE AUTHORIZED IN EXTREME CIRCUMSTANCES. PLEASE DO NOT FAX WITHOUT AUTHORIZATION. IF YOU HAVE NOT PROVIDED THE COURT WITH A TELEPHONE NUMBER WHERE YOU CAN BE REACHED FOR THE PURPOSE OF TELEPHONE CONFERENCES. PLEASE DO SO. N °IRWOOD (�- M01IW001 ATTORNEYS AT LAW 333 Dorset Street South Burlington, VT 05403 Nicholas A. Morwood, Of Counsel Paul R. Morwood Kevin J. Shortell July 21, 2000 Environmental Court 255 Main St.,1" Floor Barre, VT 05641 Re: Appeal of Ralph and Cheryl Guillette (City of So. Burlington) Dear Clerk Hutchinson: Enclosed Notice of Appeal, Appellant's Statement and $150 filing fee. fl Very truly yours, Paul R. Monvood, [+;sq. PRM/fmb Phone: (802) 862-2135 Fax: (802)862-5700 RECEIVED JUL 24W City of So. Burlington c w/encs: Clerk, So. Burlington Development Review Board DEVELOPMENT REVIEW BOARD CITY OF SOUTH BURLINGTON NOTICE OFAPPEAL RE: Ralph and Cheryl Guillette Appeal of Denial of Variance and Decision of Administrative Officer Notice is hereby given that RALPH and CHERYL GUILLETTE appeal to the Vermont Environmental Court from two decisions of the South Burlington Development Review Board dated July 11, 2000. Specifically, Ralph and Cheryl Guillette hereby appeal the Development Review Board's denial of their request for a variance and also appeal the Board's denial of their request to overturn the Administrative Officer's decision of April 27, 2000. Dated at South Burlington, Vermont, on •T"�, 2000. Morwood, Esq. RECEIVED JUL 2 4 2000. City of So. Burlington MORWOOD & MORWOOD, ATTORNEYS AT LAW, 333 Dorset Street, South Burlington, Vermont, 05403; (802) 862-2135 DEVELOPMENT REVIEW BOARD CITY OF SOUTH BURLINGTON APPELLANTS' STATEMENT RE: Ralph and Cheryl Guillette Appeal of Denial of Variance and Decision of Administrative Officer DESCRIPTION OF NATURE OF CASE AND RESULT Appellants, Ralph and Cheryl Guillette, appeal from two decisions of the South Burlington Development Review Board (hereinafter DRB), both dated July 11, 2000. These decisions involve the Appellants' home located at 314 Patchen Road in South Burlington. On April 27, 2000, Appellants were notified by the City's Administrative Officer that they were in violation of South Burlington Zoning Regulations in that their home was constructed too close to the front property line in violation of the setback requirement. Said notice indicated that the Appellants must relocate their home by approximately 15 feet in order to meet the setback requirement and that a fine of $100 per day would be imposed if they failed to do so. In response to the April 27, 2000 notice, Appellants filed a timely appeal of the Administrative Officer's decision with the DRB and also requested a variance to allow their home to remain where it presently stands. The DRB held hearings on June 6, 2000 and July 11, 2000 and issued decisions denying both the appeal and the request for variance. SPECIFIC QUESTIONS TO BE RAISED ON APPEAL It is anticipated that Appellant will raise questions in the following areas: 1. Should the Appellants be given a variance to allow their home to remain where it presently stands. MORWOOD & MORWOOD, ATTORNEYS AT Low, 333 Dorset Street, South Burlington, Vermont, 05403; (802) 862-2135 ( 4 l 2. Should the decision of the Administrative Officer be overturned or otherwise altered such that the Appellants' home may remain where it stands and the threatened fine is eliminated or reduced to a reasonable amount. 3. Is the City barred from instituting an action to enforce the alleged zoning violation by 24 V.S.A. 4496 or related statutes. Dated at South Burlington, Vermont, July. 2000. Esq. MORWOOD & MORWOOD, ATTORNEYS AT LAW, 333 Dorset Street, South Burlington, Vermont, 05403; (802) 862-2135 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 July 12, 2000 Paul Morwood 333 Dorset Street South Burlington, VT 05403 Re: Administrative Officer Appeal & Variance Request, 314 Patchen Road Dear Mr. Morwood: Enclosed please find copies of Finding of Facts of the Development Review Board meeting on July 11, 2000. Please note that there are thirty (30) days in which these decisions may be appealed. If you have any questions, please give me a call. Sincerely, Sarah MacCallum Planning & Zoning Assistant Enclosures CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 July 12, 2000 Ralph & Cheryl Guillette 315 Patchen Road South Burlington, VT 05403 Re: Administrative Officer Appeal & Variance Request, 314 Patchen Road Dear Mr. & Mrs. Guillette: Enclosed please find copies of Finding of Facts of the Development Review Board meeting on July 11, 2000. Please note that there are thirty (30) days in which these decisions may be appealed. If you have any questions, please give me a call. Sincerely, Sarah MacCallum Planning & Zoning Assistant Enclosures CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 July 7, 2000 Ralph & Cheryl Guillette 314 Patchen Road South Burlington, VT 05403 Re: Administrative Officer Appeal and Variance Request, 314 Patchen Road Dear Mr. & Mrs. Guillette: Enclosed is the agenda for next Tuesday's Development Review Board meeting. Please be sure someone is present on Tuesday, July 11, 2000 at 7:30 p.m. to represent your request. If you have any questions, please give me a call. Sincerely, /� R ymond J. Belair, Administrative Officer RJB/mcp 1 Encl CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 July 7, 2000 Paul Morwood 333 Dorset Street South Burlington, VT 05403 Re: Guillette Appeal, 314 Patchen Road Dear Mr. Morwood: Enclosed is the agenda for next Tuesday's Development Review Board meeting. Please be sure someone is present on Tuesday, July 11, 2000 at 7:30 p.m. to represent your request. If you have any questions, please give me a call. Sincerely, Raymond J. Belair, Administrative Officer RJB/mcp 1 Encl DEVELOPMENT REVIEW BOARD MEMO JUNE 6, 2000 MEETING 7) GUIL,L,ETTE—ADMINISTRATIVE OFFICER'S DECISION APPEAL, — 314 PATCHEN ROAD The Appellants, Ralph & Cheryl Guillette, have appealed my decision that their house is in violation of the zoning regulations for projecting into the required front yard setback by 15' 4". Section 25.101 of the zoning regulations states that "minimum front yard setbacks shall be 50 feet from the edge of the planned right-of-way." The planned right-of-way for Patchen Road is the same as the existing no.w. which is 66 feet in width. Zoning permit 998-274 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 no.w. than required (see enclosed). This lot was created in 1998. On 4/14/00 Planning & Zoning Assistant Sarah MacCallum and myself measured the distance from the house to the center line of Patchen Road as being 678". 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. The only reason that my decision can be overturned is that my measurement is incorrect and the house does meet the 50 foot setback requirement from the edge of the r.o.w. A memo from the Guillette's lawyer is enclosed. A response from the City Attorney will be available at the meeting. 8) GUILLETTE — VARIANCE REQUEST— 314 PATCREN ROAD Mr. And Mrs Ralph Guillette are seeking a variance from Section 25.00 Area, Density, and Dimensional Requirements of the South Burlington Zoning Regulations. The request is for permission for an existing single family dwelling constructed in 1998 to encroach into the front yard setback This property located at 314 Patchen Road lies within the Residential 4 District. It is bounded on the west by Patchen Road. It is bounded on the north, south, and east by single family residences. In order for the Development Review Board to grant a variance the five criteria (refer to Section 4468 of the Planning and Development Act of 1969) must be met. 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 (see enclosed). This lot was created in 1998. On 4/14/00 Planning & Zoning Assistant Sarah MacCallum and myself measured the distance from the house to the center line of Patchen Road as being 678". 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. DEVEIAPMENI --VIEW BOARD MEMO JUNE 6, 2000 MEETING Staff has cited the applicant for building within the front yard setback in violation of their zoning permit. This application appears to be an attempt to legitimize the residence. A memo from the Guillette's lawyer is enclosed. A response from the City Attorney will be available at the meeting. Section 25.00 Area, Density, and Dimensional Requirements Variance Criteria: ■ There are no unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topography 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 90 feet with no exceptional topographical features. ■ 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. The unnecessary hardship has been created by the appellant by not constructing the house to meet the required setback. 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. 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. Staff recommends denial of the Guillette's request for a variance based on the apparent lack of conformance with the criteria. 9) FAIRWAY ESTATES. LLC - SKETCH PLAN - 18 TOWNHOUSE UNITS - ECONOMOU FARM ROAD This project consists of amending a planned residential development consisting of 297 residential units and an 18 hole golf course. The amendment consists of combining fourteen (14) single family lots into one (1) lot and constructing thirteen (13) duplex units, Economou Farm Road. This results in 12 additional units for a total of 309 units. The South Burlington Planning Commission previously approved the final plat of EZP GOLFCO, Inc. on June 18, 1996. l DEVELOPMENT REVIEW BOARD MEMO JULY 11, 2000 MEETING 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. This recommendation for approval of the proposed addition is based on the application's compliance with the design review criteria contained in Section 24 of the South Burlington Zoning Ordinance. The Code Officer shall make the determination of whether or not this application complies with all other requirements contained in the zoning ordinance. 3. The applicant shall maintain the current color scheme of the building as depicted in four photographs dated 6/9/00. 4) CONTINUED: JEFFREY & ELIZABETH GOLDBERG - 5 LOT SUBDIVISION PRELIMINARY PLAT APPLICATION —1760 DORSET STREET This application was continued from the May 16, 2000 meeting to the July 11, 2000 meeting to provide staff an opportunity to consult with counsel. Enclosed is staffs 5/16/00 memo for your review. A report from counsel will be available at the meeting. Not included in the 5/16/00 memo is the recommendation that Lot 5 be mowed to preserve the open character of the existing field. 5) GUH LETTE—ADMINLSTRATIVE OFFICER'S DECISION APPEAL — 314 PATCHEN ROAD This application was continued from the June 6, 2000 meeting to the July 11, 2000 meeting to provide staff and Board Members an opportunity to consult with counsel. Enclosed is staffs 6/6/00 memo for your review. 6) GUH LETTE — VARIANCE REQUEST — 314 PATCHEN ROAD This application was continued from the June 6, 2000 meeting to the July 11, 2000 meeting to provide staff and Board Members an opportunity to consult with counsel. Enclosed is staff s 6/6/00 memo for your review. 7) LARKIN —ADMINISTRATIVE OFFICER'S DECISION APPEAL — 6 PINNACLE DRIVE This appeal is per order of the Vermont Environmental Court. The appellant, John Larkin, argued before the Court that when he went before the Zoning Board of Adjustment on 7/6/99 for a variance (see enclosed decision) he really was appealing the Notice of Violation. The violation was discovered during a phone conversation with the appellant that the house at 6 Pinnacle Drive (lot #49) exceeded the height limitation by "about a foot and a half." He was then sent a Notice of Violation (see enclosed). The house at 6 Pinnacle Drive (lot #49) is located in the Dorset Park View Protection Zone A which has a maximum height limit of 417.565 feet above mean sea level. A. LENDWAY Q 2. MA - It 359 o. 407 377 p. 399 -FLV. 26 1. 36 275 90 R. SAARM D. MASSM 270 275 ;L 90 lox S09*V22E 75.09' 80.00' Z" &00' NO9'W LOT 1 LOT 3 0.23 ACRE 10.967 SM FT. L%W ACRE 2400 SM FT. IS 7NG L 2 OT C V1 �137 ACRE MOIJ SO. rT' z .1 Y. ROMANGSIG 139 p In if , NOSIF30-N 100. !;x' j*E;1AL1 PATCHEN ROAD 1 AFP A-- PARCa �XWVIEM TO ZTY OF -SOUTH 9URAGTON V. MS :k 537 'HIS PLAT iS BASED ON THE FOLLCMh-. DEWS REXARQ*D ON 2/17/96 W 7HE CITY OF SOUTH SLYXMTON LAND RECORDS. 2) A aMED FIELD MAMM CONDUCTED *M A TOTAL STATION ON 2/w/va 3) SEAMWGS ARE 3ASED ON MAGNETIC NORTH WEN ALONG A --:0 OF THE TRAVERSIE. 4) MSE L073 ARE W LANDS --ONVVIED -0 4ARY ANN 1-4EGWAN IV 'AXUME 4= PAGE %Z AND %140W AS LOT 18 ON A PLAT ENTITLED ' PLAT OF AJMWSI0N OF : WDS JF 'MCENT AND MARCINA 40M }OM �IWEN JARODIERS ALXMCY NG', RECORDED W 4AP VCLUME 275 PAGE 30. 1) AN A-,IEWPr CAS 3EEN "M 10 De4T*-v :)R 79LINEA7E EASIEWWM RIGHTS OF MAY, LEASE _LMOX VXROAChWENTS, EM OBSERVED * W FWLD OR READILY FOUND W 14E LAND RECORDS. ADDITIONAL E-KOCUMBRANCES MAY DaST *004 ARE NOT S40M JN In AAr. 3) ROARS SET ARE VOL 3 RE WORCNG 3MS *TH rALUAQNUAJ !:APS +:raphlc Scale Feet 30 0 30 60 10 120 _LEGEND ,'ESAR AL �A,rM -0. 1 By I! — PWIWT LOCATION AFFIMVED 1Y RMXJITICN •-IF 'HE :31 AMMNG COMUISSFON OF IME CITY OF )MTN 311RUNGTON. 7, C'A "HE --- MY e3F 199— ';LBXCT ir 11E REGUREMU41"5 AND MNIX173(.14S )F "D RIESOLLITOY. XNE) :rMS —.- Mr V !:109- 31, I;HAIRMAN CR iIZW -'0674 3LRLAtG-,V;N -ITY ;LMK-, -'MCE qFMVED "R •"?Mrm at — 0,00a —,— rrules m? yaw waried h Volumo--- Aftept — city calt MAR 0 5 1998 L ; W of So. BUrlincr#--, i-Ly owtet- WARYANN ,-EGZMAN IS "-kBgR MVE XSSEX OEM3.010M PATVMM X&J= NC. 1473 HUNTMTON RCL40 R)CHWONO. VT. 05477 4 "OKING DI STRICT - 44 ,fAX "P PARCEL 8-1-15 jWIER AND SERER X-RWCE5 :DR JTS 1 & 2 ARE SASM '14 WOOMAnOM XPPUIED 3Y T14E CT'r OF SOUTH 3UM.JNGTON PUBLIC AURKS JEPT SUBMISION PLAT PATERSON BUILDERS. INC. 316 Patchen Road South Burfin3ton, Vermont TRUDELL CONSULTING ENGINEERS. !NC. 14 -40V ftM load 30A MS *UbftM VM=Mt 354" sm-331 ftaw-t vmibw , - I Prooct 1w. Drawn Data 2F :�" qp scam FLAG so" .76 ma LEGAL CITATIONS AND ARGUMENT RALPH and CHERYL GUILLETTE PREMISES 310 PATCHEN ROAD SO. BURLINGTON, VT The City of So. Burlington has discretion whether to order that the Ralph and Cheryl Guillette property be moved 15 feet, and furthermore under the applicable standards, the City should not make an order that the house be moved. 1. "If any ... structure ... is ... in violation of any <zoning> by-law adopted under this chapter the administrative officer shall institute in the name of the municipality any ppropriate action, injunction or other proceeding. . ." 24 V. S. A. 4445 (emphasis added). 2. In a case where McDonald's Corporation constructed a paved parking lot in a wetlands area in violation of the zoning by-law which allowed only residential use, the Vermont Supreme Court affirmed a zoning administrator's order which did not force McDonald's to return the area to its prior state. "<Although> a zoning administrator is statutorily bound to enforce a municipality's zoning by-laws ... the nature of the remedy sought is discretionary." Richardson v. City of Rutland, 164 Vt. 422 (1995) (emphasis added). 3. There is a two-part test to determine whether an injunction should issue mandating the MORWOOD & MORWOOD, ATTORNEYS AT LAw, 333 Dorset Street, South Burlington, Vermont, 05403; (802) 862-2135 removal (or moving) of a structure alleged to have been built in violation of a zoning by-law. The decision maker must first determine whether the violation is substantial; such a determination conclusively answers whether an injunction mandating removal (or moving) of an offending structure would constitute an unjust or inequitable remedy. The second determination to be made by the decision maker is whether the violation involves conscious wrong -doing, that is, an injunction can be an excessive remedy where the structure was constructed without an intent to violate the ordinance. Sherburne v. Carpenter, 155 Vt. 126 (1990). 4. The Vermont Supreme Court has not defined what a "substantial" violation of a zoning by-law is. However, if "substantiality" is determined by reference to the area in which the structure is located, using the expressed Purposes of the City of South Burlington Zoning Regulations, that is, whether the structure offends the neighborhood character, whether it poses a risk of nuisance to the neighboring land -owners, whether it constitutes a harm or potential harm to the health, safety, and welfare of the neighborhood or the community, whether it adds to congestion, etc., the Guillette house does not pose a substantial violation of the zoning by-laws. The Guillette premises is not substantially different from the vast majority of the homes on Patchen Road. Mr. and Mrs. Guillette have photographed and physically measured the frontages of 33 of the existing 36 homes on Patchen Road, starting with the first home at 50 Patchen Road and ending just before the landfill. According to these measurements, the Guillette home is 71 feet, 7 inches from the centerline of Patchen Road, while 28 of the 33 measured homes (almost 85% of the measured homes) are closer to Patchen Road than the Guillette home. Attached are the individual MORWOOD & MORWOOD, ATTORNEYS AT LAW, 333 Dorset Street, South Burlington, Vermont, 05403; (802) 862-2135 pictures of the 28 Patchen Road homes with measurements and a picture of the Guillette home with measurement. Put another way, only five of the 33 measured homes on Patchen Road are at least 50 feet from the right of way and in compliance with the setback requirement (80 feet from the centerline). The Guillettes recognize that the 28 homes are "grand -fathered" and thus not in legal violation of the setback requirements, but the fact that the overwhelming majority of the homes are closer to Patchen Road bears heavily on whether the Guillette house is in "substantial' violation and therefore subject to an equitable order to be moved back 15 feet. The Guillettes have obtained estimates of the cost of moving their home. Since the home is two above -grade stories with a full finished basement (the finished part alone in the Guillette basement cost nearly $10,000), the best estimate obtainable of moving the home onto a new foundation, destroying and filling in the old foundation, and completing the finish work in the basement of the moved home, is $50,000. Such an expenditure would bankrupt the Guillettes and cost them their entire life savings. Moreover, "tainting" their house with such an order renders the house essentially valueless and incapable of being sold for any reasonable sales price. 5. The second part of the Sherburne test is whether the violation resulted from an innocent error. The Guillettes initially had no involvement in the actual citing of the home built on their lot by J. K. Patterson Builders, Inc. They relied on, and trusted, that their builder would comply with all relevant laws. Furthermore, it appears that the builder made the error, not intentionally, but by an erroneous assumption that the setback on Patchen Road was identical to many of the other roads in the City of So. Burlington, that is, 30 feet. (Thus when the builder applied for a Building Permit showing a setback of 65 feet, the builder thought this was well within appropriate bounds of the MORWOOD & MORWOOD, ATTORNEYS AT LAw, 333 Dorset Street, South Burlington, Vermont, 05403; (802) 862-2135 setback. This was confirmed by telephone conversation with the builder's representative.) It is true that the builder may have been negligent in making an assumption about the setback rule, but the Guillettes were not involved in making that assumption. The Guillettes submit that their alleged violation fails to meet the two-part Sherburne test for the issuance of injunctive relief and thus the appropriate remedy, if any, is a fine. The City of So. Burlington has discretion as to the amount of the fine to assess against the Ralph and Cheryl Guillette property. 6. "Any person who violates any <zoning> by-law after it has been adopted under this chapter ... shall be fined not more than $100 for each offense." 24 V. S. A. 4444 (emphasis added) 7. The decision -maker has discretion as to the amount of any fine to be assessed on account of a violation of a zoning by-law. Sherburne v. Carpenter, 155 Vt. 126 (1990). Because the Guillettes are the innocent party in this matter, they would submit that the builder, J.K. Patterson Builders, Inc. initially be fined for each day that it owned the premises while it was allegedly out of compliance. Thereafter, the Guillettes submit that they be fined $1.00 per day, payable along with their real estate tax installments. Dated: June 6, 2000 MORWOOD & MORWOOD, ATTORNEYS AT LAW, 333 Dorset Street, South Burlington, Vermont, 05403; (802) 862-2135 NNIP �ICy� ' �y � • • ter.: lib I Al •4 ••' ' i �it r � ss � .• _ • may �"�. 4 ���� .� ,.� .�:�>_.. �'T.�� A/ � �iit��'X`Y'i�l��s' Ya-cY v . 'x �y3� eAl►-•re.' �sy�. W SA = M .:jr � A IL 1 ~ • Rl � F No Text gb\ I -fft� c .awM M 11r /t IG. No Text ti a t No Text 51 y ' /\�, ' . Pa4—c yl/�\n K )�7� -- ,Ilk .:.. r �4 40 P � '� ML i� � w 1 • 1 Y f Ne . 1 1 w r r,� w � l a p+ \ r a N aY 1 k 1yr� t{ { I. 4� { y J No Text No Text No Text c rAf or lip "41 Get 41 JO it- Alwo to dr ly, �i� ill,". ,►__ IW... !; 3 ^`ice• •►�• ,�` • +"�;��� ' t ;i �; �' +'`� + x, Ad Is job 41 .fit �Zi° � • � E.• �. } '�� � -/ t-�i%�� + � � �� ♦ ' � '�}ems - F �, _. + , T � . '"��'�. ,.» �r ^ - �. 4 1. 044 �l C�' I I I " ��, � kol( -!-� No Text P'N - e. i -• 4 'AW L Y ' I Ir a ,'ant t_ .a f1w. ras No Text No Text No Text s 13 . , I IA Al" WEN=.A ;-_ . . M, 0, a - „�asetGlsua ... kk JUN-06-2000 -UE 05:58 PM ST""7F!- PAGE FLETCHER PC FAX NO, 8026Fn9552 P, 02 i STITZEL, PAGE & FLETCU ER, P,C. ATFORNEYS A'1' I.AW 171 BA'IA FR Z' STIW 7 Y.O. BOX 1507 WRI,INGfON, VERMONT 05402-1507 (802) Cd,12555 (VOIC61-DD) S1EVI !Fl.GA+ VAX (907) 660.2552 or 6604119 GCflFL I'A'I CI R P E-MAI!. Q, IRM2:S5fi PIRMSPr.(.r) !OSGPI{ S. WLEAN ROBECtTE.71ETCHI-R ,l Vlltl't'P,1('SEMAIt.(tiCPfIZLC FTRMSPP.�:IMI TWO 11IY btL'I1SfAC£ ('AI.SDAOXIYI i r,n I,v x v ) NVltmER'S FAX (xo2) 660.2532 MIA KA MfAItARVUNIUGS A S.F. LAFTEL)ES R"I'Y June 5, 2000 Raymond Belair City of South Burlington 575 Dorset Street South Burlington, VT 054C3 Re: Guill,ette appeal and variance request Dear Ray: I am writing in rAsnnn,sp to your roqueot ralativa L-., Lhu above -referenced matter. Specifically, you have asked for our opinion regarding a letter from the Guillettes, attorney, Paul Morwood, wherein he states that the City is barred from instituting an enforcement action against. the Guillettes' for constructing their house so that it encroaches into the setback, It is our opinion that the city is not barred from taking enforcement action against the Guillettes. It is our understanding that you have issued a notice of violation to the Guillettes and they have responded by appealing the notice of violation and by applying for a variance. Through their attorney, tho Guillettes claim that the notice of recording of the permit to build their h4115G dopr., n,-1t- rvmql ly with n n V. n.A. n.LJ-D4. rursuant to 24 V.S.A. 54496(b), thee city is authorized to Pursue enforcement proceedings in this case if it recorded a notice of tha permit "generally" in the form .required by Sectiorl 1154. The notice recorded by the City in this case is "generallyrr in the required form and provides adequate notice of the relevant permit. The Guillettes also claim that the builder of the house, J.K. Paterson Builders, built the house in violation of the setback requirements and should therefore pay any fine for this violation. The Guillettes may have basis to seek redress from their builder. This does not, however, bar the City from pursuing them, as the current property owners, for the existing violation. In addition, the fact that the Guillettes builder may have constructed the house in an improper location does not excuse them of responsibility for the violation or provide Justification for the approval of a variance. In r.c: Fecteau, 149 Vt. 319 (1988) . JUN-06-2000 TUE 05:58 PM STTTZEL PAGE FLETCHER PC FAX N0, 802Fp j552 P. 03 I hope this letter is responsive to your request. Please let me knows if you have any questions. Sincerely, w 9 Amanda S.E. Lafferty JUN-06-2000 TUE 05:58 PM STIT EL PAGE FLETCHER PC FAX NO. 8026602552 P, 02 I STITZEL, PAGE & FLEM-MR, RC. ArrO1tN1:YS AT (.AW 171 BAI-t t?Ry STREET P.o. BOX 1507 BORI TNGTON, VERMONT05402,1507 (S02) 6611.2555 (VOICr,=D) PA i R 1�, S'I PAGI, I'fLfL VAX (902) 660,25S2 or 6604119 l'fI + JO SEPH S. MCLEAN E-MAI ROM*!IMESS a I L(i!S1'P.C:( kid TIM0 n fy bt: L'I1yfACE 'lS.!'LETC3tl�(� 14'ICI'f1.R"St.(e¢'P�l` �ti1FTRMSPf.C:)M1 ('A(.SDAD,%II'I I L;D IN N V ) WIli IR'S FAX (RO2) 66o=2552 MIA KAR VUNmEs ANIANDAS. i.I.AFFER'IY June 6, 2000 Raymond Belair City Of South Burlington 575 Dorset street South Burlington, VT 05403 Re: Guillette appeal and variance request Dear Ray: I am writing in rAFpnngp to your roqueat 2-0-1ntiva L„ Lhe above referenced matter. Specifically, you have asked for our opinion regarding a letter from the Guillettes' attorney, Paul Morwood, wherein he states that the City is barred from instituting an enforcement action against the Guillettes' for constructing their house so that it encroaches into the setback, It is our opinion that the city is not barred from taking enforcement action against the Guillettes. It is our understanding that you have issued a notice of violation to the Guillettes and they have responded by appealing the notice of violation and by a 1 in for a vari their attorney, tho Guillettes claim that the noziceGof recording of the permit to build their hgU&Q dnp,,, nnt- rnrnl, ly with -1n v. n . A. 3J.1-D4. rursuant to 24 V.S.A. §4496(b), the city is authorized, to Pursue enforcement proceedings in this case if it recorded a notice of the permit `generally- in the form required by Section 1154. The notice recorded by the City in this case is "generally,, in the required form and provides adequate notice of the relevant permit. The Guillettes also claim that the builder of the house, J.K. Paterson Builders, built the house in violation of the setback requirements and should therefore pay any fine for this violation. The Guillettes may have .basis to seek redress from their builder. This does not, however, bar the city from pursuing them, as the current property owners, for the existing violation. In addition, the fact that the Guillettes, builder may have constructed the house in an improper location does not excuse them of responsibility for the violation or provide Justification for the approval, of a variance. �Ia re: Fecteau 7.49 Vt. 319 (1988). , JUN-06-2000 TUE 05:58 PM STITZEL PAGE FLETCHER PC FAX NO. 8026602552 P. 03 I hope this letter is responsive to your request, please let me know if You have any questions. Sincerely, o tw&AGa Amanda S.E. Lafferty JUN-06-2000 TUE 05:58 PM ST"r E PAGE FLETCHER PC FAX NO, 80286n?552 I P. 02 STITZEL, PAGE & FLETCHER, P.C. ArrORNEYS ATLAW 171 BA I'l FRY STREE'r P.O. BOX 1507 3UR1,1NG1'ON, VERMONT 05402.1507 STEVEN G, 9'1 ITY1:L (902) Gfi0.25 5 5 (V01 C rJTDD) PATIIR- PAGI-i I AX (901) 660.2552 or Gfi8.01 14 ROBF.C1'I'I? :'LE•TC111-M E-MAII.( IRMd`j5s'FIk�! 1W7(1,1"'R-SE-?vtAll.(SS7ITz,/tirIRMSPr.L:)M1 (•AL5UA0Nm I nn IN N Y ) wim-ER'S FAX (802) 660-2552 June 5, 2000 Raymond Belair City of South Burlington 575 Dorset Street South Burlington, VT 05403 Re: Guil,lette appeal and variance request Dear Ray: JOSEPH S.McLEAN TIMI YIl IY kt- L:I ISTACE MIA YukR VUNIDES AMANDA S.H. LAiFERIY T am writing in rAspnn,sP to your roqueot ralativa L,, Llie above -referenced matter. specifically, you have asked for our opinion regarding a letter from the Guillettes° attorney, Paul Morwood, wherein he states that the City is barred from instituting an enforcement action against the Guillettes' for constructing their house so that it encroaches into the setback, It is our opinion that the city is not barred from taking enforcement action against the Guillettes_ It is our understanding that you have issued a notice of violation to the Guillettes and they have responded by appealing the notice of violation and by applying for a variance. Through their attorney, the Guillettes claim that the notice of recording of the permit to build their h4',15e dnRg not r°nnrly with -1n 3J..LD4. rursuant to 24 V.S.A. 54496(b), the city is authorized to pursue enforcement proceedings in this case if It recorded a notice of the permit "generallym in the form required by Sectiorl 1154. The notice recorded by the City in this case is "generally" in the required form and provides adequate notice of the relevant permit. The Guillettes also claim that the builder of the house, J.K. Paterson Builders, built the house in violation of the setback requirements and should therefore pay any fine for this Violation. The Guillettes may have basis to seek redress front their builder, This does not, however, bar the city from pursuing them, as the current property owners, for the existing violation. In addition, the fact that the Guillettes builder may have constructed the house in an improper location does not excuse them of responsibility for the violation or provide Justification for the approval, of a variance, ILI r,e: Fecteau, 149 Vt. 319 (1988). JUN-06-2000 TUE 05;58 PN STiTZEL PAGE FLETCHER PC 1 FAX N0, 802RA02552 P. 03 I hope this letter is responsive to your request. Please let me know if you have any questions. Sincerely, t'VV Amanda S.E. Lafferty JUN-06-2000 TUE 05:5$ PH STITZEL PACE FLETCHER PC FAX N0, 8028602552 P. 02 STITZhL, PAGE & FLETCUIER, P.C. ATTORNEYS AT LAW 171 DATA FRY STJttjI r P.O. BOX 1507 i URLTNGTON, YERMONT 05402.1507 S'FEVEN 1 S'I ["I LTiL (S02') 060.2555 (VOICI r[m) . PAIClR.+ FAX (803) 660.2552 or 6604119 R1; 7LFit EMA11.(1;IRM 3:v)5TPTRM�,;+SHrRIm.C_sf)1tirt.jC NMUIL,R'S E wii, IM CA1,5a AD",Irt V,?) fY N vJ witFC£R'S FAX (K02) W-255Z June 6, 2000 Raymond Belair city of South Burlington 575 Dorset Street South Burlington, VT 05403 Re: Guillette appeal and variance request Dear Ray: JOSEPH S klcLEAN TWO I I1Y M. FUSTAC£ MIA KARYUNIDGS AMANDA S.F.. LAFFER'IY I tam Writing in rAFpnnmP fin your roquoat rulntiV4 Lv Uie- above -referenced matter. Specifically, you have asked for our opinion regardina a letter from the Guillettest attorney, Paul Morwood, wherein he states that the City .is barred .from instituting an enforcement action against the Guillettes' for constructing their house so that it encroaches into the setback. It is our opinion that the city is not barred from taking enforcement action against the Guillettes. It is our understanding that you have issued a notice of violation to the Guillettes and they have responded by appealing the notice of violation and by applying for a variance. Through their attorney, tho Guillettes claim that the notice of recording of the permit to build their house dnns not rnnnly with na u.n.A• NIID4. Fursuant to 24 V.S.A. 54496(b), the city is authorized to Pursue enforcement proceedings in this case if it recorded a notice of tha permit "generally- in the form required by Section 1154. The notice reccrdod by the City in this case is "'generally" in the required foz'm and provides adequate notice of the relevant permit. The Guillettes also claim that the builder of the house, J-11,- Paterson Builders, built the house in violation of the setback requirements and should therefore pay any fine for this Violation. The Guillettes may have basis to seek redress from their builder. This does not, however, bar the City from pursuing them, as the current property owners, for the existing violation. In addition, the fact that the Guillettes, builder may have constructed the house in an improper location does not excuse them of responsibility for the violation or provide Justification for the approval, of a variance. Zi re: Fecteau, 149 'Vt. 31,9 (1988) . JUN-06-2000 TUE 05:58 PM STITZEL PAGE FLETCHER PC FAX N0, 8028602552 F. 03 I hope this letter is responsive to your request. Please let re know if you have any questions. Sincerely, a r Amanda S.E, Lafferty CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 June 2, 2000 Paul Morwood 333 Dorset Street South Burlington, VT 05403 Re: Guillette Appeal, 314 Patchen Road Dear Mr. Morwood: Enclosed is the agenda for next Tuesday's Development Review Board meeting and my comments to the Board. Please be sure someone is present on Tuesday, June 6, 2000 at 7:30 p.m. to represent your request. If you have any questions, please give me a call. Since ly, d Raym nd J. Belair, Administrative Officer Encls ) OF 50(,"TH B(RLI�GT ,40TICE OF RECORDING bran Grantee Location ofP remises Type of instrument. } Zoning permit Cl Subdivision approval ❑ Site plan approval Cl Certificate of occupancy ❑ Conditional use/variance approval ❑ Notice of violation ❑ Certificate of compliance V/ Health/sewer permit # # Date Issued L U Municipal official CITY OF SOUTH BURLINGTON APT CATION FOR ZONING PER. list. Copy CODE OFFICER 2nd. Copy CITY ENGINEER 3rd. Copy CITY ASSESSOR 4th Copy APPLICANT PERMIT NO ......... . Zone.`,/I ..,, Date....1............................ 19. .. The undersigned hereby applies for permission to make certain building Improvements as described below. (Plans to be submitted 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 Stan of Vermont, and con. form to the Regulations of the National Board of Fire Underwriters and any and all Federal Regulations now in affect. CONSTRUCTION STREET (-'(j+,ChCn ( NUMBER OCCUPANCY FLOORS LOT SIZE: FroDepth +1, ' Lot No. Single Family B 1 2 3 Two Family Cement OWNER�,�i ��. 6urrl BUILDER J. �t I + Apartment No. Fam. Earth 'J WATER SUPPLY: Public Private ❑ Store Pine Offices Hardwood SEWAGE DISPOSAL: Public Septic Tank ❑ Permit * Warehouse Tile Carpet ROAD OPENING: (Show layout) Permit # Res. Garage Attic FI. & Stirs. ELEC. WIRING: Underground ❑ Overhead X Permit # No. Cars D4n.ET Att. Height Gas Station INTERIOR FINISH .a Additions -Alterations B 1 2 3 Plot to scale Lot and Building Improvements, showing width of Front. Side and Rear yards. Mark N at Compass point Indicating North. FOUNDATION Pine Concrete Hardwood - - 0.00., �41 I FT- —7 1 3. ry O u7 1 I Q a 3 i Remarks ❑ ❑ ND SS 3 W Estimated Cost Concrete Block Sheetrock 7^ Brick or Stone Unfinished Piers Paneling Cellar Area Full Y. '/. Retreat. Room No Cellar Finished Attic Fireplace EXTERIOR WALLS Clapboards 'V 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 _ Stone Veneer Solar Panels PLUMBING v Conc. or Cind. Bi. Bathroom Toilet Room Terra Cotta Water Closet Vitrolite Kitchen Sink Plate Glass Std, Wat. Heat Insulation Auto. Wet. Heat Weatherstrip Elect. Wat. Syst. Laundry Tubs ROOFING AsPh. Shingles N No Plumbing Wood Shingles TILING Asbes. Shingles Bath Fl. & wcot. Slate Toilet FI. & Wcot. Tile LIGHTING Metal Electric Composition No Lighting Roll Roofing NO. OF ROOMS Bsmt. 2nd. 1st. 3rd. FEE CO POTATION $ SIG ATU E of OWNER or BUILDER Plans received Yes ❑ No ❑ ADDRESS of OWNER APPLICATION: REJECTED ❑ APPROVED / I'� /f �A---SIGNATURE OF CODE OFFICER ISSUED TO'J— Date PERMIT V/ALJD FOR SIX MONTHS PERMIT SUBJECT TO APPEAL WITHIN 15 DAYS FROM DATE ISSUED >fNd—c4,-G7 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 April 27, 2000 Ralph & Cheryl Guillette 314 Patchen Road South Burlington, VT 05403 Re: Zoning Violation Dear Mr. & Mrs. Guillette: Please be advised that based on information available to the City, you have commenced land development on your property at the above address without obtaining a permit from the City as required by Section 27.10 of its Zoning Bylaws and 24 VSA 4443(a)(1). Specifically, you have initiated the following activities on the above -described property: You constructed a single family dwelling which is 15' 4" too close to the front property line. The required front yard setback requirement is 50 feet and your house is 34' 8" from your front property line. You have seven (7) days from the date of this letter to discontinue this violation and take appropriate remedial action. Specifically, you must accomplish the following: Relocate the house so that it meets the 50 foot front yard setback requirement. If you do not accomplish the actions directed in this letter within seven (7) days of the date of this letter, the City may pursue this matter in court. In such court proceeding, the City will be entitled to seek appropriate injunctive relief and fines of up to fifty ($100.00) dollars per day for each day your violation continues beyond the seven (7) day period provided in this letter. Ralph & Cheryl Guillette Zoning Violation April 27, 2000 Page 2 If the violation described in this letter occurs again within twelve (12) months of the date of this letter, you will not be entitled to receive a further Notice of Violation from the City before the City pursues further enforcement proceedings. You may appeal this Notice of Violation to the Development Review Board by filing a written notice of appeal (see enclosed) and eighty five ($85) dollars within fifteen (15) days of the date of this letter with the Clerk of the Development Review Board at the following address: 575 Dorset Street, South Burlington, Vermont 05403. Sincerely, Raym nd J. Belair, Administrative Officer RJB/mcp 1 Encl cc: Amanda, S.E. Lafferty, City Attorney Certified letter #Z 462 929 516 cj " C 610 w4w 6f, 6 / / (� g ,Orq APPLICATION FOR ZONING PERMIT lat. Copy CODE OFFICER 2nd. Copy CITY ENGINEER Zone....... 3rd. Copy CITY ASSESSOR tx 4th Copy APPLICANT Diate The undersigned hereby applies for permission to make certain building Improvements as described below. (Plans to be submitted If required by Building Inspectc 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 a form to the Regulations of the National Board of Fire underwriters and any and all Federal Regulations now in *"act. CONSTRUCTION STREET CjfC "t-1 RCJ NUMBER OCCUPANCY FLOORS LOT SIZE: Fro n ge' Depth ( Ll ° Lot NO. :) Single Family B 1 2 3 Two Family Cement OWNER BUILDER `1 i1J � lfr �" - "�" J • ,N'S t �� 1 Apartment No, Fam. Earth WATER SUPPLY: Public 'J� Private ❑ Store Pine Offices Hardwood SEWAGE DISPOSAL: Public Septic Tank El Permit Warehouse Tile Carpet ��4 1 F ROAD OPENING: (Show layout) Permit # Res. Gara tt c FI. & Strs ... ... • • • OMNMM■OM■Ni MMO" ..... .. ■■NMNMM■ONN■■ .MEN .. MMMMMMMMENNEN MEN M M MEN . MONO.. SEEN ONE M�i■MMMMM .............i . ON■■■M ■MO■MMMMO■NM■1 ENSoM ON l ■NMMMMMMMMMM■1 ...........� SEEM■■ .Hot ME 0 ■MMEMNO■ MEMOMMM■MO■MI MMMM■1 MMM■■EM MENEMBrick 0 M NEW .MONK. - ............� IN MMNOM _ O■MMM■MMMMNMI NiMNNEM .• ■■NMMMMMM■MMI MEN . MMMN MMMMMMMMMMMMI M3■NM■ N■MMMMM■MM■■I IN SEEM ■■■NMMMMM■■MI . MEMO NOMMNMNMMMMMI _ .....Weatherstrip ............I _ 00FAN.M Brick or Stone M�MNEIM . = Pipaless Furnace= Wood Shingles-,= Wat. or Vapor Stucco on Frame Veneer M; Gas Burner . .: Stone Veneer PLUMBING Water Closet = t = = mLaundry Tubs HOOFING �: Composition M.11FRI ROOMS 1st. 3rd. Estimated Cost ; . / L_ (` U FEE CO POTATION $ Z Z C/ Plans received Yes ❑ No ❑ !qjs Aw-no-1 12!,T- 0_31A Z SIG ATU E of OWNER or BUILDER ADDRESS of OWNER APPLICATION: REJECTED ❑ APPROVED —��­2 J SIGNATURE OF CODE OFFICER ISSUED TO ,z� � /t1 �'"---- - Date Z! _ 1 PERMIT VALID FOR SIX MONTHS PERMIT SUBJECT TO APPEAL WITHIN 15 DAYS FROM DATE ISSUED TO: City of South Burlington, Department of Planning & Zoning and Development Review Board FROM: Paul R. Morwood, Esq. RE: Ralph and Cheryl Guillette, Variance Request and Appeal of Administrator's Action FACTS Ralph and Cheryl Guillette are the owners of a house and lot located at 314 Patchen Road. The house was constructed by J.K. Paterson Builders, Inc. The property was conveyed to the Guillettes on September 4, 1998. Zoning Permit #98-274 was issued on September 4, 1998 for the construction of this house. The Guillettes were notified by letter of Administrative Officer Raymond J. Belair dated April 27, 2000 that the City considers their property to be in violation of City Zoning Bylaws. Specifically, Mr. Belair's letter states that the Guillettes' house was constructed 15' 4" too close to the front property line, and requests that they relocate the house to meet the 50' setback requirement. Mr. and Mrs. Guillette now seek to appeal the Administrator's action, specifically including the harshness of the penalty, or to obtain a variance which will allow the house to remain where it now stands. The enforcement action taken by the Administrative Officer Violates 24 V.S.A. §4496. 24 V.S.A. §4496(b) provides that "No action, injunction, or other enforcement proceeding may be instituted to enforce an alleged violation of a municipal land use permit which received final MORWOOD & MORWOOD, A7MRNEYS AT LAW, 333 Dorset Street, South Burlington, Vermont, 05403; (802) 862-2135 approval from the applicable board, commissioner, or officer of the municipality after July 1, 1998, unless the municipal land use permit or a notice of the permit generally in the form provided for in subsection 1154(c) of this title was recorded in the land records of the municipality as required by subsection 4443(c) of this title." 24 V.S.A. §I 154(c) provides that a notice of a municipal land use permit shall list as grantor the owner of record title to the property at the time the permit issued. The permit for the construction of the Guillettes' house, Zoning Permit #98-274, was issued on September 4, 1998, at which time the record owner of the property was Paterson Builders, Inc. The Notice of Recording of the permit lists the grantor as John K. Paterson. Thus, by failing to list the record owner as grantor on the Notice of Recording, the City of South Burlington did not comply with the statutory requirements for recording of municipal land use permits. Further, the City's Notice of Recording fails to list the municipal office where the original or a true copy of the permit may be inspected, and fails to state whether an appeal of the permit has been taken, both as required by 24 V.S.A. §1154(c). The purpose of requiring that municipal land use permits be recorded is to provide notice to the public and to prospective purchasers of property of the existence of such permits or of zoning violations. In order to provide such notice, the required notices must be recorded and indexed in the name of the record owner of the property. By failing to comply with the statutory notice requirements, the City has failed to give effective notice of the issuance of Permit #98-274, and 24 V.S.A. §4496(c) acts to bar the City from instituting the present action to enforce the Guillettes' alleged violation of Permit #98-274. MORWOOD & MORWOOD, ATTORNEYS AT LAw, 333 Dorset Street, South Burlington, Vermont, 05403; (802) 862-2135 The penalty being sought by the City is excessively harsh in light of the facts of the present situation. The City of South Burlington has requested that the Guillettes move their house back away from Patchen Road to comply with the setback requirements. To do so would be overly burdensome on the Guillettes, and would involve a great expense (rough estimates have been obtained ranging from $25,000 to $50,000 in part dependent upon whether a new foundation would be installed). The corresponding benefit to the City in forcing the Guillettes to move their house would be minimal, if any. The majority of houses currently located along Patchen Road violate the setback requirements. The Guillettes' house does not alter the character of the neighborhood in any way by being located within the setback area. Further, the house was constructed by Paterson Builders, not the Guillettes, and the violation of the setback requirements is the result of Paterson's action rather than any action of the Guillettes. In light of these facts, the Guillettes ask that the City's request that they move their house be withdrawn, and that the threatened penalty of $100.00 per day be eliminated or reduced to some reasonable monetary fine. The fine preferably should be assessed against the builder rather than the Guillettes who are the innocent parties in the matter. Based upon the foregoing, Ralph and Cheryl Guillette request that the Administrative Officer's enforcement action be withdrawn, as it violates 24 V.S.A. §4496(c). In the alternative, the Guillettes ask that the penalty sought by the City be reduced or eliminated, and that their house be MORWOOD & MORWOOD, ATTORNEYS AT LAW, 333 Dorset Street, South Burlington, Vermont, 05403; (802) 862-2135 allowed to remain where it is, by issuance of a variance or otherwise. c: Dated at South Burlington, Vermont, May Paul R. Morwood, Esq. MORWOOD & MORWOOD, ATTORNEYS AT LAW, 333 Dorset Street, South Burlington, Vermont, 05403; (802) 862-2135 `/'y��yvl I m A, x MAY-30-2000 TUE 11:13 AN STITZEL PAGE FLETCHER PC FAX NO. 8028602552 P. 01 Post•it'" brand fax transmittal memo 7671 of pages . j Ira Co. Dept. / Phone !F Fnz q V jC p r< �(G { Farl 11 lluprpihu•gtl by drprugraplill�l ur New Itnyllund. Inc.. s. iwrlinglun. Vr, by the A—d ilnt: phulnCropl,ic ortu.lha, 11�iti 1's`," 1l °l I Hill 1!1l 1 } 1 ° 1 III i � I ��', rr,l I+►' `� ll��ll� 1f► �dg i 1 1 ilk i 16 it i� 1 Ili 1 :)Us -12 =ri & Sat 1d. Out - :)low for unting & 3sories s. [4) 40 id cb's I Yard h, i 1 stuff. 6 -ER lle! An- ;h morel om. 2A. North borhood :ds stuff, isehold ,er trea- Route 2 'oint Rd, 128 Win - ,at. 5/20, lothes, re. 'ER isehold arbecue. ay Ave. 'ER guise Dr. ems. I Sun- ieighbor- ale. Sat pm. riLLAGE S, misc �s. Sat. i Wall 'Nay [off ieighbor- e. Baby niscella- il20. Woods - lawn toys, cross misc er Way. i Yard at only! ndraiser. If apl i- tables. & more! ?A. spin Rd. 3eds, ta- er misc. lition, TER IV Salo nust go! am-2pm, R Furni- ant cen- boating clothes. >le Lawn Rd. hitcomb :Jf Rt15]. / items, sporting )okcase West St. am-4pm. )orn to 'os, tow- gy for 2. ,eercros- [behind 0 5/20 ESSEX JUNCTION 3 family, furniture, glass- ware, linens, lamps, tools, collectiblesianti- ques, & much misc. 5/20 & 5/21-9-5. 20 North St. ESSEX JCT Multi family. Southview Rd. Sat IVI 9-4 ESSEX TOWN Moving Sale! Sat. 5i20, 8am-4pm. Sun. 10am- 4122 Lang Dr. Furniture. tools & misc. FAIRFAX Project Gradu- ation. BFA Fairfax. Sat- urday, May 20. 9am to 3 pm. Elementary Parking lot. Lunch & 50/50 raffle. Rain date: Sun., May 21. FAIRFAX Tack Sale, flea market! Fun day, North- west Riding Club. Rte 104, Sat. May 20. 10-4. GEORGIA Meadow Wood Drive. [off of Rte 71 Saturday, May 20. 9-2 GRANDE ISLE Sat & Sun. 9-2. Many childrens items & toys. 47 Hyde Rd GRAND ISLE Fri., Sat. & Sun. Noon. Bed, couches, table & chairs, snow blower & exercise machine. 372- 5405. 13 Cooper'3 Bay View Rd.. HINESBURG 357 Shel- burne Falls Rd. 2000 ft from Rte 116 at light. Multi-farnily A - Z. Sat. & Sun. 8am-3pm. HINESBURG May 20 & 21. 8-3.1-awn & sports equipment, furnitu- re,clothing, toys. books. 523 Isham Rd. 21!2 miles down Silver St turn right follow the signs JERICHO/RICHMOND LINE Fri & Sat. 9-4. Multi family. Follow signs trom end of 117 or Richmond Ctr. Tools, toys, etc"' JERICHO CENTER * P O K E R H I L L SCHOOL* BARN & BAKE SALE Saturday, May 20, 8-2 Infant to adult clothing, baby items, kids toys, furniture, household, etc. 324 Browns Trace Rd. JERICHO CENTER Huge moving sale. 10-4, Sat & Sun, 5/20 & 5/21, quality furniture, kit- chen/household items, electronic equip. tools, books, albums, etc - something for everyone. 70 Bolger Hill Rd off Jeri- cho Center Circle [Browns Trace Road] JERICHO household items, clothing, furniture, freezer, snowblower & much more. Sat. 5/20, 8- 4 pm. 36 Kriste Ln. Look for signs on Rte. 15, 11h miles past Jericho Ele- mentary School. JERICHO Sat. 5/20, 8-4. 4 Family Barn Sale. Sue Brownell's unique pot- tery, Jim's giant tele- scopes, antiques, house- hold goods, tools, 10 cent records, free books. 397 Rte. 15 - [On the Je- richo,'Underhill town line.] MATTRESS- Queen size. Chan. 862-4517. at. MIDDLEBURY-Estate Sale Contents of Collec- mily, ap- tor's home. Every shelf, rniture, table, cupboard is full of As stuff, antinuR treasures. inrhid- bed, waterbed set 366 Christmas Hill ' RICHMOND Sal m- 4pm. 572 Go, -, nor Peck. Everything must go! Multi -family! RICHMOND Sat. May 20, 9am-1pm. Furniture, rug, woodstove, misc. 1844 Dugway Rd. RICHMOND Town Wide-Sat-5/20-9- 3, rain or shine. To bene- fit the Richmond Free Li- brary Expansion Fund. Get a map of home site sales at the Library on Bridge St. After looking at the offerings on the li- brary lawn. Also a hake sale, plant sale & light lunch will be available to directly benefit the the Ik brary expansion fund. SHELBURNE 3 family. Antiques, toys, clothes, hunting, fishing, golf, TV, books, mower. much more. 3689 Shel- burne Rd. Fri & Sat. _ SHELBURNE 1117 Web- ster Rd. Household items, kids snowboard, crib. Sun, May 21. 9-3, SHELBURNE 205 Hay Tumble Rd. [off Dorset St ] Baby items, dog ker- nel, furniture. Sat, Ii SHELBURNE Annual used book sale! Village School, Rite 7. Sat. 9am-5pm, Sun. 10am-4pm. 1000s of great used books. SHELBURNE Barn Sale for Men! Sat & Sun. 8- 5pm, 393 Thompson Rd. Rt 7 to Marsette Rd to Thompson Rd. Bench saw, radial arm saw, mi- ter box & saw, shop vac, wood chipper, mulcher, windows & doors and much more!! SHELBURNE Fri & Sat. 8am-3pm, Davis Park, multi -family, adult and chi!dren's clothing. Baby furniture, toys, and sports gear._ SHELBURNE Moving Sale. Sat 10-4pm. Infant, kids, & house items. Fletcher Lane SHELBURNE Moving Sale. Lots of toys, boys clothes -to 3T. Nordic Trac. Health Rider, & lots of misc. Sat-9-2. 240 Farmstead Or, SHELBURNE Neighborhood sale. Stonegate Lane, off of Webster Rd. Household items & great kids items & more. Sat-8:30-1. SO. BURLINGTON 22 Lupine LN, Dorset Park Village. Moving Sale! Sun 9am-tpm. Furniture, clothing, appliances, etc. SO. 13URLINGTON Fri-8-2. 55 East Terrace. Multi Family. Sports, clothes, toys & more. SO BURLINGTON Sat, May 20, 9-4, antiques, furniture, household Items, clothing & much more 8 Harbor Ridge Rd SO BURLINGTON Good stuff, junk prices. Furni- ture, electronics, misc. May 20 & 21, 9-5. _156 Laurel Hill Dr. SO 13URLINGTON Furni- ture, art, books, sports eq uip, kitchen & baby items. 9AM Sat 11 Baycrest Dr. SO BURLINGTON Sat. & Sun. 8:30am-5pm SO BURLINGTON Oli la...its spring clean out al 53 Simpson Ct! Sat Only! 9-12. 3 right off Hines - burgh Rd, approaching from Williston Rd. SO BURI.INGTON 7:30 a.m.-4 p.m. 2.1 Mills Ave. Bikes, b-ball hoop, lawn chairs w,, cushions, $50 for set of 6, kids items. SOUTH HERO Moving sale, 3 Mont Lane. Sat. & Sun. 10-3. Miscel- laneous items. WILLISTON 199 Kirby Lane. Moving!SLots of stuff to sell. at. 5/20. 10-3. No early birds please, Rain or Shine! WILLISTON Barn Sale. Construction, building supplies, & equipment. Sat-7-4. Ev- erything must go, Red barn on left, 1/4 mi. east of Taft Corners, on Fit 2. WILLISTON Combining homes. Large desk, new Nordic Trak, lamps, glassware, sewing and craft needs. Many household items. 175 Maple Rd„ Fri., Sat., Sun. 8am-2pm. _ WILLISTON Near Fire- house. Huge Moving Sale. Antiques & house- hold. 5/20, 8 am, No Earlier. Rain date: 5/'29 WILLISTON Sat. 8-3. Turtle Pond Rd. [off Old Stage Rd.] Something for everyone, from tools to clothes!!! WINOOSKI Baby furni- ture & accessories, com- puter, Nordic Trac, bird- cagges, fish tank. Sat. 8-4. 188 Bellvue St WINOOSKI Drive way sale. Sat & Sun-8-4. Lots of neat stuff. 270 North St. WINOOSKI Sat & Sun 9-12. Rain or shine. Fur- niture., cloths, misc. 35 Hood St. PERSONALS 6 ABORTION? WHY? CONSIDER ADOPTION Warm, secure. loving home available for new- born baby. Please call attorney 1-800-606-4411, A-759. ABORTION? WHY? CONSIDER ADOPTION Warm, secure, loving home available for newborn baby. Please call attorney 1-800-606-4411, A-704. ABORTION? WHY? CONSIDER ADOPTION Warm, secure, loving home available for newborn baby. Please call attorney 1-800-606-4411, A-731 ADOPT A baby is our dream! Willing to share pictures & letters for life. Let's help each other! Please call Lyn and Glenn at 1-800-274-4711 ADOPTION A call to us is what we pray for! We are a loving couple, longing to share our hearts and home with a caucasian newborn or twins. All ad- vantages life has to offer, call any time, Melissa and Ron at 1-800-871-7190, ADOPTION House full of laughter, FT mom, ro- mantic couple, long to adopt & share their lov- ing home w/ a baby. Exoensas naid Cal otrrty al ❑ic ---",........ I and State Office Bud draft plans and specifica- in Bennington, Vermof tions for renovating the indoor Ice -Skating Fa - Sealed Bids accompa- nied by proper Bid Secu- rity will be received by the Department of Build- ings and General Serv- ices, at Two Governor Aiken Avenue, Montpel- ier, Vermont until 2:3 p.m. Wednesday Jun 14, 2000, at which time they will be opened an Bonafide Bidders may obtain documents at the Department of Buildings and General Services, Two Governor Aiken Avenue. Drawer 33, Montpelier, Vermont 05633-5801, 802-828- 5685 or 5684. There is a $25,00 non-refundable deposit for each set. There will be a pre -bid meeting at the site on Thursday, May 25, 2000 at 11:00 a.m. Bidders attention is di- rected to: 1. The contract require- ments concerning Mi- nority and Women Busi- ness Enterprises. Minority and Women Business Enterprises are encouraged to par- ticipate. 2. Mean Prevailing Wage Rate require- ments. The Project Engineer will be Jon Winter who may be contacted at 802-828- 5692 if you have any questions. Thomas W. Tortl Commissioner May 20, 22 2000 NOTICE OF SELF - STORAGE LIEN SALE ESSEX MINI STORAGE CO. 3 MORSE DR. ESSEX JCT. 05452 Notice. is hereby given that the contents of the self -storage units listed below will be sold at pub- lic auction by sealed bid. This sale is being held to collect unpaid storage unit occupancy fees, charges and expenses of the sale. The entire con- tents of each self -stor- age unit listed below will be sold, with the pro- ceeds to be distributed to Essex Mini Storage Co. for all accrued occu- pancy fees [rent charges], late payment fees, sale expenses, and all other expenses in re- lation to the unit and its sale. Contents of each unit may be viewed on May 26, 2000, commencing at 10:00 a.m. Sealed bids are to be submitted on the entire contents of each self -storage unit. Bids will be opened one half hour after the last unit has been viewed on May 26, 2000. The high- est bidder on the storage unit must remove the en- tire contents of the unit within 48 hours after no- tification of their suc- cessful bid. Purchase must be made in cash and paid in advance of the removal of the con- tents of the unit. A S50 00 cash dennsit shall cility, and replacing an outdoor running track. d Any questions please call Bruce Murdough at 879-5554. r-� May 2 21, 2 P BLIC HEARING S I TFi BURLINGTON DEVELOPMENT REVIEW BOARD T e South 8Uri in n D velopment ew B rd will hol Dublic heaNiiii a outh Bur- lington City Hall Confer- ence Room, 575 Dorset Street, South Burlington, Vermont on Tuesdayy June 6, 2000, at 7:30 P.M. to consider the fol- lowing: 1] Appeal #AO-00-03 of Ralph & Cheryl C. Guil- lette appealing the deci- sion of the Administrative Officer that the appel- lant's single family dwell- ing at 314 Patchen Road is in violation of the zon- ing regulations due to it projecting 15' 4' in to the 50 foot front yard set- back requirement. 2 Application #CU-00- 1 of Douglas & Lynn Dapice seeking condi- tional use approval from Section 26.05, Condi- tional Uses and general approval under Section 3.506, Nonconforming Uses and Activities of the South Burlington Zoning Regulations. Request is for permission to recon- struct 12' x 28' deckand stairs located in the Con- servation and Open Space District at 119 Holmes Road. 31 Application of #VR- 00-03 of Ralph & Cheryl Guilette seeking a van- ance from Section 25.00, Area, Density and Di- mensional Requirements of the South Burlington Zoning Regulations- Re- quest is for permission to allow a single family dwelling to project 15' 4' into the 50 foot front yard setback require- ments, 314 Patchen Road. Copies of the applica- tions are available for public inspection at the South Burlington City Hall. John Dinklage, Chairman South Burlington Development Review Board May 20. 2000 SOCIAL SERVICES - SPECTRUM R e s t d e n t f a I Staff: provide awake overnight & p.m. shifts for independent living prog rams: exper. work- ing ing w/adolescents wJfo- cus on youth develop- ment, asset building, Burlington Free Press 1 st Publication Date: May 13. 2000 2nd Publication Date: May 20. 2000 Address of Probate Court Chittenden District Probate Court P.O. Box 511 Burlington, VT 05402-0511 STATE OF VERMONT DISTRICT OF CHITTENDEN, SS. PROBATE COURT DOCKET NO. 29007 IN RE THE ESTATE OF THOMAS 0. PUTMAN LATE OF WILLISTON, VERMONT NOTICE TO CREDITORS To the creditors of the estate of Thomas 0. Put- man, late of Williston, Vermont. I have been appointed a personal representative of the above -named es- tate. All creditors having claims against the estate must present their claims in writing within 4 months of the date of the first publication of this notice. The claim must be pres- ented to me at the ad- dress listed below with a copy filed with the regis- ter of the Probate Court. The claim will be forever barred if it is not pres- ented as described above within the four month deadline. Dated May 12, 2000 Kelly Kimball Estate Settlement Administrative Officer The Stratevest Group, N.A. P.O. Box 409 Buriington, VT 05401 Name of Publication: Burlinggton Free Press 1st Publication Date: May 13, 2000 2nd Publication Date: May 20. 2000 Address of Probate Court Chittenden District Probate Court P.O. Box 511 Burlington, VT 05402-0511 STATE OF VERMONT DISTRICT OF CHITTENDEN, SS. PROBATE COURT DOCKET NO. 29019 IN RE THE ESTATE OF HELEN W.RANDALL LATE OF WILLISTON, VER- MONT NOTICE TO CREDITORS To the creditors of the estate of Helen W. Randall, late of Williston, Chittenden County, Ver- mont. I have been appointed a personal representative of the above -named es- tate. All creditors having claims against the estate must present their claims in writing within 4 months of the date of the first publication of this notice. Thu ni.i- --t K. .. Dus — - -12 =ri & Sat 3d. Out- Aow for unting & ssories. s. [41 40 id cb's I Yard h, Batn- I stuff. 6 'ER ,le! An- h more! 3m. 2A. North oorhood ids stuff, usehold er trea- Route 2 'oint Rd, 128 Win - !at. 5/20. lothes, re. 'ER -8:30-4. isehold arbecue. ay Ave._ z} 'ER luise Dr. ems. _ I Sun- ieighbor- ale. Sat. pm. rILLAGE S, misc is. Sat. i Wall 'Nay [off eighbor- e. Baby miscella- 5/20. Woods - lawn toys, cross misc is, etc. er Way. I Yard at only! ndraiser. 'I appli- tables, & more! ?A, spin Rd. 3eds, ta- er misc. iition. TER ly Sale nust go! am-2pm, R Furni- ent cen- boating clothes. ile Lawn Rd. hitcomb iff Rt15]. items, sporting iokcase West St. am-4pm. >orn to os, tow- gy for 2, ieercros- (behind o n at. 5/20 mily, ap- ,niture, iris stuff, ESSEX JUNCTION 3 family, furniture, glass- ware, linens, lamps, tools, collectiblesianti- ques, & much misc. 5/20 & 5/21-9-5. 20 North St. ESSEX JCT Multi family. Southview Rd. Sat May20 9-4 ESSEX TOWN Moving Sale! Sat. 5/20, 8am-4pm. Sun. 10am- 4pm, 22 Lang Dr. Furniture, tools & misc. FAIRFAX Project Gradu- ation. BFA Fairfax, Sat- urday, May 20. 9am to 3 pm. Elementary Parking lot. Lunch & 50/50 raffle. Rain date: Sun., May 2.1. FAIRFAX Tack Sale, flea market! Fun day, North- west Riding Club. Me 104. Sat. May 20. 10-4. GEORGIA Meadow Wood Drive. [off of Rte 71 Saturday, May 20. 9-2 GRANDEISLE Sat & Sun. 9-2. Many childrens items & toys. 47 Hyde Rd GRAND ISLE Fri.. Sat. & Sun, Noon. Bed, couches, table & chairs, snow blower & exercise machine 372- 5405. 13 Cooper's Bay View Rd, HINESBURG 357 Shel- burne Falls Rd. 2000 ft from Rte 116 at light. Multi_ family A - Z. Sat. & Sun. 8am-3prn. HINESBURG May 20 & 21. 8-3.1-awn & sports equipment, furnitu - re,clothing, toys. books. 523 Isham Rd. 21/2 miles down Silver St turn right follow the signs JERICHO/RICHMOND LINE Fri & Sat. 9-4. Multi family Follow signs from end of 117 or Richmond Ctr. Tools, toys, etc*r JERICHO CENTER * P O K E R H I L L SCHOOL* BARN & BAKE SALE Saturday, May 20. 8-2 Infant to adult clothing, baby items, kids toys, furniture. household, etc. 324 Browns Trace Rd. JERICHO CENTER Huge moving sale. 10-4, Sat & Sun, 5/20 & 5/21, quality furniture, kit- chenihousehold items, electronic equip, tools, books, albums, etc - something for everyone. 70 Bolger Hill Rd off Jeri- cho Center Circle (Browns Trace Road] JERICHO household items, clothing, furniture, freezer, snowblower & much more. Sat. 5/20, 8- 4 pm. 36 Kriste Ln. Look for signs on Rte. 15, 11/2 miles past Jericho Ele- mentary School. JERICHO Sat, 5/20, 8-4. 4 Family Barn Sale. Sue Brownell's unique pot- tery, Jim's giant tele- scopes, antiques, house- hold goods, tools, 10 cent records, free books. 397 Rte. 15 - [On the Je- richo/Underhill town line.] MATTRESS- Queen size. Clean. 862-4517. MIDDLE BURY -Estate Sale Contents of Collec- tor's home. Every shelf, table, cupboard is full c antintip..treasures- mnhiri- bed, watarbed set. 366 Christmas Hill Rd._ RICHMOND Sal m- 4pm. 572 GL for Peck. Everything must go! Multi -family! RICHMOND Sat. May 20, 9am-lpm. Furniture, rug, woodstove, misc. 1844 Dugway Rd. RICHMOND Town Wide-Sat-5/20-9- 3, rain or shine. To bene- fit the Richmond Free Li- brary Expansion Fund. Get a map of home site safes at the Library on Bridge St. After looking at the offerings on the li- brary lawn. Also a bake sale, plant sale & light lunch will be available to directly benefit the the li- brary expansion fund. SHELBURNE 3 family. Antiques, toys. clothes, hunting. fishing, golf, TV, books, mower, much more. 3689 Shel- burne Rd. Fri & Sat. SHELBURNE 1117 Web- ster Rd. Household Items, kids snowboafd, crib. Sun, May 21, 9-3. SHELBURNE 205 Hay Tumble Rd. [off Dorset St ] Baby n items, dog ke- 4, furniture. Sat-8-12. SHELBURNE Annual used book sale! Village School, Rte 7. Sat, 9am-5pm, Sun, 10am-4pm. 1000s of great used books. SHELBURNE Barn Sale for Men! Sat & Sun, 8- 5pm. 393 Thompson Rd. Rt 7 to Marsette Rd to Thompson Rd. Bench saw, radial arm saw, mi- ter box & saw, shop vac, wood chipper, mulcher, windows & doors and much more!! SHELBURNE Fri & Sat. 8am-3pm. Davis Park, mutti-family, adult and childrens clothing. Baby furniture, toys, and sports gear. SHELBURNE Moving Sale. Sat 10-4pm. Infant, kids, & house items.) Fletcher Lane SHELBURNE Moving Sale. Lots of toys, boys clothes -to 3T. Nordic Trac, Health Rider, & lots of misc. Sat-9-2. 240 Farmstead Dr. SHELBURNE Neighborhood sale. Stonegate Lane, off of Webster Rd. Household items & great kids items & more. Sat-8:30-1. SO. BURLINGTON 22 Lupine LN, Dorset Park Village. Moving Sale! Sun 9am-ipm. Furniture, clothing, appliances, etc. SO. BURLINGTON Fri-8-2. 55 East Terrace. Multi Family. Sports, Clothes, toys & more. SO BURLINGTON Sat. May 20, 9-4. antiques, furniture, household items, clothing & much' more. 8 Harbor Ridge Rd SO BURLINGTON Good stuff, junk prices. Furni- ture, electronics, misc. May 20 & 21, 9 .5. 156 Laurel Hill Dr. SO BURLINGTON Furni- ture, art, books, sports equip, kitchen & baby items. 9AM Sat. 11 Saycrest Dr. SO BURLINGTON Sat. & Sun. 8:30am-5pmW SO BURLINGTON Oh-la- la...its spring clean out at 53 Simpson Ct! Sat Only! 9-12. 3 right off Hines - burgh Rd, approaching from Williston Rd. SO BURLINGTON 7:30 a.m.-4 p.m. 21 Mills Ave, Bikes, b-ball hoop, !awn chairs w/ cushions, $50 for set of 6, kids items. SOUTH HERO Moving sale, 3 Mont Lane. Sat. & Sun. 10-3. Miscel- laneous items. WiLLISTON 199 Kirby Lane, Moving! Lots of stuff to sell. Sat. 5/20. 10-3. No early birds please. Rain or Shine! WILLISTON Barn Sale. Construction, bung supplies, & equipment. Sat-7-4. Ev- erything must go. Red barn on left, Yb mi. east of Taft Corners, on Rt 2. WILLISTON Combining homes. Large desk, new Nordic Trak, lamps, glassware, sewing and craft needs. Many household items. 175 Maple Rd., Fri., Sat., Sun. 8am-2pm. _ WILLISTON Near Fire- house. Huge Moving Sale. Antiques & house- hold. 5,�20. 8 am, No Earlier. Rain date: 5/29 WILLISTON Sat. 8-3, Turtle Pond Rd. [off Old Stage Rd.] Something for everyone, from tools to clothes!!! WINOOSKi Baby furni- ture & accessories, com- puter, Nordic Trac, bird- cagges, fish tank, Sat. 8-4. 188 Belivue St WINOOSKI Drive way sale. Sat & Sun-8-4 Lots of neat stuff. 270 North St. WINOOSKi Sat & Sun 9-12. Rain or shine. Fur- niture, cloths. misc. 35 Hood St. PERSONALS 6 ABORTION? WHY? CONSIDER ADOPTION Warm, secure, loving home available for new- born baby. Please call attorney 1-800-606-4411,1, A-759. ABORTION? WHY? CONSIDER ADOPTION Warm, secure, loving home available for newborn baby. Please call attorney 1-800-606-4411,A-704. ABORTION? WHY? CONSIDER ADOPTION Warm, secure, loving home available for newborn baby. Please call attorney 1-800-606-4411, A-731. ADOPT A baby is our dream! Willing to share pictures & letters for life. Let's help each other! Please call Lyyn and Glenn at 1-800-274-4711 ADOPTION A call to us is what we pray for! We are a loving couple, longing to share our hearts and home with a caucasian newborn or twins. All ad- vantages life has to offer, call any time, Melissa and Ron at 1-800-871-7190. ADOPTION House full of laughter, FT mom, ro- mantic couple, long to adopt & share their lov- ing home w/ a baby. Exnengeg nairi call Dill at tiie and State Office Buildinq in Bennington. VermoI Sealed Bids accomh, nied by proper Bid Secu- rity will be received by the Department of Build- ings and General Serv- ces, at Two Governor Aiken Avenue. Montpel- ier, Vermont until 2:30 p.m. Wednesday June 14, 2000.. at which time they will be opened and publicly read aloud in the department conference room. Sonafide Bidders may obtain documents at the Department of Buildings and General Services, Two Governor Aiken Avenue, Drawer 33, Montpelier, Vermont 05633-5801, 802-828- 5685 or 5684. There is a $25.00 non-refundable deposit for each set. There will be a pre -bid meeting at the site on Thursday, May 25, 2000 at 1 1:00 a.m. Bidders attention is di- rected to: 1. The contract require- ments concerning Mi- nority and Women Busi- ness Enterprises, Minority and Women Business Enterprises are encouraged to par- ticipate. 2. Mean Prevailing Wage Rate require- ments. The Project Engineer will be Jon Winter who may be contacted at 802-828- 5692 if you have any questions. Thomas W. Torti Commissioner May 20, 22 2000 NOTICE OF SELF - STORAGE LIEN SALE ESSEX MINI STORAGE CO. 3 MORSE DR. ESSEX JCT. 05452 Notice is hereby given that the contents of the self -storage units listed below will be sold at pub- lic auction by sealed bid. This sale is being held to collect unpaid storage unit occupancy fees, charges and expenses of the sale. The entire con- tents of each self -stor- age unit listed below will be sold, with the pro- ceeds to be distributed to Essex Mini Storage Co. for all accrued occu- pancy fees [rent charges], late payment fees, sale expenses, and all other expenses in re- lation to the unit and its sale. Contents of each unit may be viewed on May 26, 2000, commencing at 10:00 a.m. Sealed bids are to be submitted on the entire contents of each self -storage unit. Bids will be opened one half hour after the last unit has been viewed on May 26, 2000. The high- est bidder on the storage unit must remove the en- tire contents of the unit within 48 hours after no- tification of their suc- cessful bid. Purchase must be made in cash and paid in advance of the removal of the con- tents of the unit. A $50 nn cash rip —it shall draft plans and specifica- tions for renovating the indoor Ice_ Skating Fa- cility, and replacing an outdoor running track. A walk through will be on May 25, 2000 at 9:00 am at the Essex Skating Fa- cility. The Rink is located at the Essex High School, 2 Educational Drive, Essex Junction, Vt. A set of plan can be picked up at Blueprints Etc Inc. Any questions please call Bruce Murdough at 879-5554. PBLIC HEARING UTH BURLINGTON DEVELOPMENT REVIEW BOARD T e South Burlin n D velopment iew B rd will hol public hea outh Bur- lington ity Hall Confer- ence Room, 575 Dorset Street, South Burlington, Vermont on Tuesday June 6, 2000. at 7:30 P.M. to consider the fol- lowing: 11 Appeal #AO-00-03 of Ralph & Cheryl C. Guil- lette appealing the deci- sion of the Administrative Officer that the appel- lant's single family dwell- ing at 314 Patchen Road is in violation of the zon- ing regulations due to it projecting 15' 4" in to the 50 foot front yard set- back requirement. 2] Application #CU-00- 12 of Douglas & Lynn Dapice seeking condi- tional use approval from Section 26.05, Condi- tional Uses and general approval under Section 3.506, Nonconforming Uses and Activities of the South Burlington Zoning Regulations. Request is for permission to recon- struct 12' x 28' deck and stairs located in the Con- servation and Open Space District at 119 Holmes Road. 3] Application of #VR- 00-03 of Ralph & Cheryl Guilette seeking a vari- ance from Section 25.00, Area, Density and Di- mensional Requirements of the South Burlington Zoning Regulations. Re- quest is for permission to allow a single family, dwelling to project 15' 4 ' into the 50 foot front yard setback require- ments, 314 Patchen Road. Copies of the applica- tions are available for public inspection at the South Burlington City Hall. John Dinklage, Chairman South Burlington Development Review Board May 20, 2000 SOCIAL SERVICES - SPECTRUM Residential Staff: provide awake overnight & p.m. shifts for independent living programs: exper. work- ing w/adolescents w/fo- cus on youth develop- ment, asset building, Burlington Free Press 1st Publication Date: May 13, 2000 2nd Publication Date: May 20, 2000 Address of Probate Court Chittenden District Probate Court P.O. Box 511 Burlington, VT 05402-0511 STATE OF VERMONT DISTRICT OF CHITTENDEN, SS. PROBATE COURT DOCKET NO. 29007 IN RE THE ESTATE OF THOMAS O. PUTMAN LATE OF WILLISTON, VERMONT NOTICE TO CREDITORS To the creditors of the estate of Thomas O Put- man, late of Williston, Vermont. I have been appointed a personal representative of the above -named es- tate. All creditors having claims against the estate must present their claims in writing within 4 months of the date of the first publication of this notice. The claim must be pres- ented to me at the ad- dress listed below with a copy filed with the regis- ter of the Probate Court. The claim will be forever barred if it is not pres- ented as described above within the four month deadline. Dated May 12, 2000 Kelly Kimball Estate Settlement Administrative Officer The Stratevest Group. N.A. P.O. Box 409 Burlington, VT 05401 Name of Publication: Burlington Free Press 1st Publication Date: May 13, 2000 2nd Publication Date: May 20, 2000 Address of Probate Court Chittenden District Probate Court P.O. Box 511 Burlington, VT 05402.0511 STATE OF VERMONT DISTRICT OF CHITTENDEN, SS. PROBATE COURT DOCKET NO. 29019 IN RE THE ESTATE OF HELEN W. RANDALL LATE OF WILLISTON, VER- MONT NOTICE TO CREDITORS To the creditors of the estate of Helen W Randall, late of Williston, Chittenden County, Ver- mont. I have been appointed a personal representative of the above -named es- tate. All creditors having claims against the estate must present their claims in writing within 4 months of the date of the first publication of this notice. Th. nI.i— m„ hn nrnc_ CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 May 11, 2000 Paul Morwood 333 Dorset Street South Burlington, VT 05403 Re: Guillette Appeal, 314 Patchen Road Dear Mr. Morwood: Enclosed are my preliminary comments on the above referenced appeal. If you have any questions, please give me a call. Ra (mmo, d I. Belair, Admin strative Officer RIB/mcp 1 Encl PUBLIC HEARING SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD The South Burlington Development Review Board will hold a public hearing at the South Burlington City Hall Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, June 6, 2000, at 7:30 P.M. to consider the following: 1) Appeal #AO-00-03 of Ralph & Cheryl C. Guillette appealing the decision of the Administrative Officer that the appellant's single family dwelling at 314 Patchen Road is in violation of the zoning regulations due to it projecting 15' 4" into the 50 foot front yard setback requirement. 2) Application #CU-00-12 of Douglas & Lynn Dapice seeking conditional use approval from Section 26.05, Conditional Uses and general approval under Section 3.506, Nonconforming Uses and Activities of the South Burlington Zoning Regulations. Request is for permission to reconstruct 12' x 28' deck and stairs located in the Conservation and Open Space District at 119 Holmes Road. 3) Application #VR-00-03 of Ralph & Cheryl Guillette seeking a variance from Section 25.00, Area, Density and Dimensional Requirements of the South Burlington Zoning Regulations. Request is for permission to allow a single family 65411iing to project 15' 4" into the 50 foot front yard setback requirement, 314 Pat. -hen Road. Copies of the applications are available for public inspection at the South Burlington City Hall. John Dinklage, Chairman South Burlington Development Review Board May 20, 2000 MEMORANDUM To: Applicants/Project F;les I, From: Raymond I Belair, Administrative Officer Re: Appeal of Guillette Date: May 10, 2000 The Appellants, Ralph & Cheryl Guillette, have appealed my decision that their house is in violation of the zoning regulations for projecting into the required front yard setback by 15' 4". Section 25.101 of the zoning regulations states that "minimum front yard setbacks shall be 50 feet from the edge of the planned right-of-way." The planned right-of-way for Patchen Road is the same as the existing r.o.w. which is 66 feet in width. 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 edyc of the r.o.w. which is 15 feet further from the r.o.w. than required. On 4/14/00 Planning & Zoning Assistant Sarah McCallum and myself measured the distance from the house to the center line of Patchen 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. The only reason that my decision can be overturned is that my measurement is incorrect and the house does meet the 50 foot setback requirement from the edge of the r.o.w. CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 May 10, 2000 Paul Morwood 333 Dorset Street South Burlington, VT 05403 Re: Guillette — Variance Request — 314 Patchen Road Dear Mr. Morwood: Please find enclosed preliminary comments on the above referenced application. The project is currently scheduled to be considered by the Development Review Board on June 6, 2000. If you wish to respond to these comments or submit additional information, please do so no later than May 26, 2000. Please be sure that someone is at this meeting to represent your application. If you have any questions, please feel free to give me a call. Sincerely, Sarah MacCallum Planning & Zoning Assistant Enclosure To: Applicants From: Sarah MacCallum, City of South Burlington RE: Project StaffNotes Date: May 8, 2000 GUItL L ETTE — VARIANCE REQUEST — 314 IPATCHEN ROAD Previous Action: Staff has cited the applicant for building within the front yard setback in violation of their zoning permit. Overview: Mr. and Mrs. Ralph Guillette are seeking a variance from Section 25.00 Area, Density, and Dimensional Requirements of the South Burlington Zoning Regulations. The request is for permission to encroach into the front yard setback. Issues: In order for the Development Review Board to grant a variance the five criteria (refer to Section 4468 of the Planning and Development Act of 1969) must be met. Section 25.00 Area, Density, and Dimensional Requirements Variance Criteria. - There are no unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topography 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 90 feet with no exceptional topographical features. ® 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. ® The unnecessary hardship has been created by the appellant by not constructing the house to meet the required setback. ® 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. ® 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. Staff recommends denial of the Guillette's request for a variance based on the apparent lack of conformance with the criteria. Completeness of Plan: The applicant has submitted sufficient information for Development Review Board to consider the variance request. If the applicant wishes to submit additional information or a written response to these comments, this should be done by May 26, 2000. Recommendation: Staff recommends that this request be authorized to proceed for consideration by the Development Review Board on June 6, 2000. Please be sure that someone is available to represent this application at this meeting. CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 April 27, 2000 Ralph & Cheryl Guillette 314 Patchen Road South Burlington, VT 05403 Re: Zoning Violation Dear Mr. & Mrs. Guillette: Please be advised that based on information available to the City, you have commenced land development on your property at the above address without obtaining a permit from the City as required by Section 27.10 of its Zoning Bylaws and 24 VSA 4443(a)(1). Specifically, you have initiated the following activities on the above -described property: You constructed a single family dwelling which is 15' 4" too close to the front property line. The required front yard setback requirement is 50 feet and your house is 34' 8" from your front property line. You have seven (7) days from the date of this letter to discontinue this violation and take appropriate remedial action. Specifically, you must accomplish the following: Relocate the house so that it meets the 50 foot front yard setback requirement. If you do not accomplish the actions directed in this letter within seven (7) days of the date of this letter, the City may pursue this matter in court. In such court proceeding, the City will be entitled to seek appropriate injunctive relief and fines of up to fifty ($100.00) dollars per day for each day your violation continues beyond the seven (7) day period provided in this letter. Ralph & Cheryl Guillette Zoning Violation April 27, 2000 Page 2 If the violation described in this letter occurs again within twelve (12) months of the date of this letter, you will not be entitled to receive a further Notice of Violation from the City before the City pursues further enforcement proceedings. You may appeal this Notice of Violation to the Development Review Board by filing a written notice of appeal (see enclosed) and eighty five ($85) dollars within fifteen (15) days of the date of this letter with the Clerk of the Development Review Board at the following address: 575 Dorset Street, South Burlington, Vermont 05403. SinceTr ly, Raym 7nd J. Belair, Administrative Officer RJB/mcp 1 Encl cc: Amanda, S.E. Lafferty, City Attorney Certified letter #Z 462 929 516 3. APPLICATION FOR ZONING PERMIT lot. Copy CODE OFFICER 2nd Copy CITY ENGINEER ZoTwe 3rd. Copy CITY ASSESSOR CITY 4th Copy APPLICANT Date ............................ 19 . 9A o F�. The undersigned hereby applies for parmisalon to make certain building Improvements described below. (Plans to be submitted It required by Building Inspect All construction t ll con@truction to be compisted In accordance with the Zoning Laws and Building Regulations of the City of South Burlington and the State of Vermont, and 4 form to the Raguistioni of the National Board of Fire Underwriters and any and all Federal Regulations now In e"act. CONSTRUCTION STREET TcEen Rd NUMBER OCCUPANCY FLOORS LOT SIZE: FroXe I 11' Depth - Lot No. gl Sine Family B 1 3 -14 19 0 Two Family Cement OWNER gaig ChBUILDER Apartment No. Fam. Earth i)� u J. gU, Store Pine WATER SUPPLY: Public Private E] Offices Hardwood SEWAGE DISPOSAL; Public Septic Tank Warehouse Tile anEl Permit * Carpet ROAD OPENING: (Show layout) Permit * Res. Garage Attic Fl. & Sirs. No. Cars Dwt.7 Att. 0 Height ELEC. WIRING: Underground El Overhead Permit * Gas Station INTERIOR FINISH Additions -Alterations B 1 2 3 glen to seal Lot and Building Improvements, showing width of Front, Side and Rear ya FOUNDATION Pine — Mark N at Compass point Indicating North. d1 Concrete Hardwood Concrete Block Sheetrack - - - - - - - - - 0.00a — - --- - - - - - - - - - - - - - Brick or Stone Unfinished - - - - - - - Piers Paneling Caller Area Full Retreat. Room No Cellar Finished Attic Fireplace EXTERIOR WALLS Clapboards 'V oil— HEATING Wide Siding Pipeless Furnace Drop Siding Hot Air Furnace k. 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 - - - - - - - I- C14 Brick an Tile Oil Burner Solid Brick Solar Panels - - - - - - - - - 00 - - - - - - Stone Veneer PLUMBING - - - - - - - - 00 Conc. or Cind. B1. Bathroom a5 'VI Toilet Room Terra Cone Water Closet Vitralite Kitchen Sink Plate Glass Std. Wat. Heat Insulation Auto. Wat. Heat Weathersirlp Elect. Wat. Syst. 13 Laundry Tubs ROOFING No Plumbing Asph. Shingles I "x Wood Shingles TILING Asbas. Shingles Bath Fl. & Wcot. Remarks 0 Q) ❑ Slate Toilet Fl. & Wcot. The LIGHTING Metal Electric I Composition No Lighting j1N'0E'5513Ij'W Ro!! NO. OF ROOMS' - I ­' "'�' '5 Bsmt. 2nd 3,d. L 1st. Estimated Cost a—'1- L C/O FEE Co PUTATION $ Plans received Yes 0 No 0 4711..... k �-5 CO clI IL4 SIG YATUIAE of OWNER or BUILDER ADDRESS of OWNER APPLICATION: REJECTED 0 APPROVED SIGNATURE OF CODE OFFICER ISSUED TO Date — Z. 1 115— PERMIT VALID FOR SIX MONTHS PERMIT SUBJECT TO APPEAL WITHIN 15 DAYS FROM DATE ISSUED City of South Burlington Application to Development Review Board Official Use APPLICATION # A b — 00 O HEARING DATE (o / G / () FILING DATE _ J �?' /CM/_ FEE AMOUNT 5 Name ofapplicant(s) Ralph and Cheryl Guillette by Paul R. Morwood, Esq., their attorney Address 314 Patchen Rd. Telephone# 862-2135 (attorney Morwood) Represented by Paul R. Morwood, Esq. Landowner Ralph and Cheryl Guillette Locaticn and description of property house and lot located at 314 Patchen Rd. Adjacent property owner(s) & Address Type of application check one: (x) appeal from decision of Administrator Officer ( ) request for a conditional use ( ) request for a variance I understand the presentation procedures required by State Law (Section 4468 of the Planning & Development Act). That a legal advertisement must appear a minimum of fifteen (15) days prior to the hearing and I agree to pay a hearing fee which is to off -set the cost of hearing. Describe request: The Development Review Board is asked to overturn the Administrative Officer's order that Ralph and Cheryl Guilette relocate their home by moving it backwards ab.proximately 15 33 feet: and to determine a lesser monetary penalty. Other documentation: Documents including Building Permitpictures, etc., will be provided at or before the hearing on this request. fk�a SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 117, Title 24 V.S.A. the South Burlington Development Review Board will hold a public hearing at the South Burlington Municipal Offices, Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, , at 7:30 P.M. to consider the following: Application of seeking a from Section of the South Burlington Zoning Regulations. Request is for permission to City of South Burlington Official use Application to Development Review Board _ a -z � APPLICATION # �) HEARING DATE FILING DATE Q w FEE AMOUNT v y Ralph and Cheryl Guilette by Paul R. Morwood, Esq., their attorney Name of applicants) Address 314 Patchen Rd. , Representedby Paul R. Morwood, Esq. Telephone # 862-2135 (attorney Morwood) ).andowner Ralph and Cheryl Guilette Location and description of property house and lot located at 314 Patchen Rd. Adjacent property owners) & Address Type of application check one: ( ) appeal from decision of Administrator 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). That a legal advertisement must appear a minimum of fifteen (15) days prior to the hearing and I agree to pay a hearing fee which is to off -set the cost of hearing. Describe request: That the Guilette home be allowed to remain, in place notwithstandinq that it is located (apparently) partially within the setback of Patchen Road. Other documentation: Documents including building permit, pictures, etc., will be provided at or before the hearing on this request. O C� /v Date i SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 117, Title 24 V.S.A. the South Burlington Development Review Board will hold a public hearing at the South Burlington Municipal Offices, Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, , at 7:30 P.M. to consider the following: Application of seeking a from Section of the South Burlington Zoning Regulations. Request is for permission to