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Home My WebLink AboutAD-99-0000 - Supplemental - 0011 Bay Crest DriveCity of South Burlington Application to Board or Adjustment Name of applicam(s) William N. Jacobus and N Official Use APPLICATION # HEARING DATE FILING DATE FEE AMOUNT H. Jacobus Address 11 Bay Crest Drive, So. Burlington_ Telephone # 864-3826 Rcprcscii(ed by Atty. Neil Wheelwright, Miller, Eggleston & Cramer Ltd. I,andowncr William N. & Nancy H. Jacobus Address 11 Bay Crest Drive, So. Burlington, Vr 05403 I.ocation and description orproperty 11 Bay Crest Drive, South Burlington (Lot #28 in Bartlett Property Subdivision, Bay Crest Drive, South Burlington) Adjacent property owncr(s) & Address See attached Schedule A Type of application check one: appeal from decision of Administrative Officer request for a conditional use ( X) request for a variance I understand the presentation procedures required by State Law (Section 4468 of the Planning & Development Act). Also [hat hearings arc held twice a month. (second and fourth Mondays). That a legal advertisement must appear a minimum of Fiflccn (15) da�ls prior to the hearing. I agree to pay a hearing fee which is to off-sct the cost of hearing. Provision of zoning ordinance in question side yard setback requirement Reason for appeal seeking variance Other documentation See attached letter and plan -I A Date S, ig Neil Wheelwrig�htcor William N. Jacobus and Do not write below this line Nancy H. Jacobus ---------------------------------------------------------- - — ---- -------------------- — - — -------- — --------- SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 117, Title 24, V.S.A. the South Burlington Zoning Board of A4justnicnt will hold a public hearing at the South Burlington Municipal Offices, Conference Room, 575 Dorsd Street. South Burlington. Vermont on Monday. at 7:00 P.M. to consider the following. Appeal of 444 -1 4-- A f V scckinp a V'A4zA-') C—'L' from Section of the South Burlington Zoning Regulations. Request is for permission to 4.4 / z- //'�' /� & I -,4,,20e e - io, -t love e-,C 44'-L- I �e-5y' :5�- City of South Burlington 575 DORSET STREET SOUTH BURLINGTON. VERMONT 05403 FAX (802) 658-4748 PLANNING 802) 658- 7955 December 14, 1998 Mr. William Jacobus I I Baycrest Drive South Burlington, Vermont 05403 Re: Zoning Appeal Dear Mr. Jacobus: Be advised that the South Burlington Zoning Board of Adjustment will hold a public hearing at the City Offices, Conference Room, 575 Dorset Street on Monday, December 28, 1998 at 7:00 P.M. to consider your request for a zoning variance. ZCNING (802) 658--958 Please plan to attend this meeting and be prepared to address the enclosed review criteria. If you have any questions, please don't hesitate to call me. Very truly, Richard Ward, Zoning Administrative Officer RW/mcp I Encl Schedule A CITY OF SOUTH BURLINGTON Application to Zoning Board of Adjustment for Variance Applicants / Owners of Record: William N. Jacobus Nancy H. Jacobus 11 Bay Crest Drive South Burlington, VT 05403 Tel. 864-3826 Represented by. Atty. Neil Wheelwright Miller, Eggleston & Cramer, Ltd. P.O. Box 1489 Burlington, VT 05402 Tel. 864-0880 Names of owners of all adeacent properties: North: Lot #20 Rachel L. Nordell Peter G. Nordell 4 Bay Court South Burlington, VT 05403 Lot #21 Johanna C. Widlak Leendart M. Huisman 12 Keari Lane South Burlington, VT 05403 Lot422 Jeffrey C. Reese Debra S. Reese 10 Keari Lane South Burlington, VT 05403 East: Lot#29 Christopher D. Bishop Janet J. Bishop 9 Bay Crest Drive South Burlington, VT 05403 West: Lot #27 David J. Ross Victoria C. Ross 2 Bay Court South Burlington, VT 05403 South: Bay Crest Drive RLINGTON OU—TH BU ZO Nlt�� ICS n accordance with the South Burlington Zoning Regulations and Chapter 117, Title 24, V.S.A. the South Burling- ton Zoning Board of — - — — I Adjustment will hold a Public hearing at the South Burlington Munici- pal Offices, Conference Room, 575 Dorset Street, South Burlington, Vermont on Monday, December 28, 1998 at 7:00 P.M to consider the following: #1 Appeal of Michael turner & Mary Jo Reale seeking a variance from Section 26.40 Home oc- cupation of the South Burlington Zoning Regu- lations. Request is for permission to convert a portion of a garage into office area for a home occupation located at I 10 centrai Avenue. #2 Appeal of William & Nancy Jacobus seek- ing a variance from Sec- tion 25.00 Dimensional requirements of the South Burlington Zoning Regulations. Request is for permission to adjust a boundary line which creates an easterly side yard of nine feet seven inches (9.7) also, estab- lishes the same westerly side yard which is the result of the original replacement of the struc- ture, located at 11 Bay - crest Drive. Richard Ward, Zoning Administrative Officer December 12,1998 MARTIN K. MILLER JON R. EGGLESTON ANNE CFAMER KATBIEEN M. BOE MARK A. SAUNDERS VICTORIA J. BROWN SCOT L KLINE PETER F. YOUNG ROBERT A. PINEL COUNSEL: CATHERINE KRONK PATRICIA L. RICKARD NEIL D.WHIBELWRIGHT Mr. Richard Ward MILLER, EGGLESTON & CRAMER, IXD. AITORNEYS AT LAW 150 SOUTH CHAMPLAIN STREET PO. BOX 1489 BURLINGTON, VERMONT 05402-1489 December 7, 1998 City of South Burlington Zoning and Planning Office South Burlington City Hall 575 Dorset Street South Burlington, VT 05403 Re: Variance Request William N. and Nancy H. Jacobus 11 Bay Crest Drive Dear Dick: TELEPHONE (802) 864-0880 (BURLINGTON) (802) 229-2218 (MONTPELIER) TELECOPIER (802) 864-0328 (BURLINGTON) (802) 229-2513 (MONTPELIER) Our office represents William N. and Nancy H. Jacobus. Mr. and Ms. Jacobus seek a variance for the side setback requirement concerning their home at I I Bay Crest Drive. I have enclosed an Application to Board of Adjustment, 8 copies of the plan depicting the property and a check in the amount of $85.00 as payment of the application fee. Mr. and Ms. Jacobus are seeking a variance in connection with the side yard setback requirements. The zoning ordinance requires a minimum side yard setback of 10 feet. As shown on the plan, the side yard setback on the west side of the property is 9.7 feet. The side yard setback on the east side of the property is depicted on the plan as 8.1 feet. Mr. and Ms. Jacobus propose to remove the stairs presently extending from east side of the deck. The stairs will be relocated to the north or rear of the deck. The setback with the stairs removed will be 9.7 feet. Mr. and Ms. Jacobus seek this variance as part of their attempt to resolve title problems arising from the failure of the builder of their home to comply with city ordinances and approvals. Their property is Lot #28 of the Bartlett property subdivision. Ireland Industries, Inc. purchased Lots #28 and #29 in 1985. Ireland Industries, Inc. constructed houses on the lots and sold the houses to the predecessors of the present owners. Ireland Industries, Inc., during its common ownership of Lots #28 and #29, revised the boundary between the properties but failed to obtain city approval. Mr. and Ms. Jacobus and the owners of Lot #29 are presently seeking city subdivision approval to confirm the boundaries created by Ireland Industries, Inc. and set MILLER, EGGLESTON &CRAMER, LTD. Mr. Richard Ward City of South Burlington Planning and Zoning Office December 7, 1998 forth in the deeds to their properties. The setback problem was discovered when a survey was prepared in connection with seeking city subdivision approval. The variance is necessary to allow use of the property in conformance with the zoning ordinance. Mr. and Ms. Jacobus' home was constructed on the lot slightly within the setback areas. The requested variance is small. The setback is 9.7 feet, only 0.3 feet (3.6 inches) less than set forth in the zoning ordinance. Modifying the house to strictly conform with the setback requirements would involve costly reconstruction of Jacobus home and will provide little benefit to the neighborhood and city. The problem was not created by Mr. and Ms. Jacobus but is the result of the original builder's placement of the home on the lot. Mr. and Ms. Jacobus purchased their home in 1988 from William and Martha Crow who had purchased the home in 1986 from Ireland Industries, Inc. The variance will not alter the character of the neighborhood but is intended to confirm the buildings already existing on the property. The requested variance will represent the minimum variance needed to afford relief. Mr. and Ms. Jacobus will remove the stairway from the easterly side of the deck reducing the needed variance from 1.9 feet to 0.3 feet. Krebs and Lansing have calculated building lot coverage for Lot #29 as 19.0 % and 13.7 % for Lot #29. As noted above, Mr. and Ms. Jacobus are also applying for Subdivision Approval from the Planning Commission confirming the common boundary between Lots #28 and #29 as modified by Ireland Industries, Inc. The variance for the easterly setback should be contingent upon Planning Commission approval of the boundary adjustment. Please schedule Mr. and Ms. Jacobus' request for a variance for the earliest possible meeting. Please call me if you have any questions. Thank you for your assistance in this matter. Very truly yours, Neil Wheelwright For the Firm c: Mr. William and Ms. Nancy Jacobus Mr. Christopher and Ms. Janet Bishop Atty. David Greenberg Enclosures