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HomeMy WebLinkAboutVR-85-0000 - Supplemental - 0397 Patchen Road7 PLANNING COMMISSION 2. APRIL 23, 1985 Mr. Jacob pointed out that if the plan were denied, the city would end up with 28 units on the land anyway, because of the previous approval. Mr. Dooley moved that the South Burlington Planning Commission deny the final plat of O'Brien ago ers Milot Properties for a 28 unit planned unit evelopment as depicted on plans entitled "Bourdeau-Rye Properties: Revised Final a prepared by Fitzpatrick -Llewellyn, Inc., dated March 1985, stamp dated pri , 1985, for the reason that the development exceeds The maximu density limit established by Section 19.152 of the South Burlin��ton Zoning Ordinance. Mrs. Maher seconded the motion and it carried with Mr. Jacob voting no. Revised final plat, University Mall Realty Trust, to construct 24,000 sq. ft. Hilson's building in phase I rather than in Phase II, and abandon existing Hilson building, Dorset Street Mr. George Khouri said the reason for wanting to put the Hilson change into Phase I was to avoid impacting the southern edge of the property more than once. He noted that that is the only area close to residential use, and construction will impact that area. He felt that if the mall could do it once and get it over with, everyone would be happier. He noted that, in order not to change the scope of Phase I, they would abandon the existing Hilson building rather than trying to rent it out between the phases. When Hilson's moves to the new building, the old one will not be re -tenanted. Mr. Khouri said they would be putting in at least pre -cast concrete curbing, not bituminous as they had originally wanted. Mr. Dooley moved that the South Burlington Planning Commission approve the revised final plat of University Mall Realty Trust for the construction of the 24,000 sq. ft Hilson's in Phase I in addition to Hanaford Brothers building as depicted on a set of plans entitled "University Mall Proposed Expansion, South Burlington, Vermont" as pre a by Pinkham Engineering Associates and dated January, 1985, revised 3 25 85, with the following stipulations: 1. All prior stipulations are still in effect. 2. The plans shall include complete utility relocation, including City, Ater District and private utilities. 3. The applicant shall furnish the City detailed as -built plans showing tie points to permanent objects. This shall include private utilities including electric, gas and telephone lines. 4. The city, through the city engineer, reserves the right to make field changes regardless of what is shown on the plans if it is in the best interest of the city. 5. This approval expires if not acted upon within 3 years. The motion was seconded by Mr. Burgess and carried unanimously. Consider site plan application of Frank Cota for construction of a 2,400 sq-. ft. building for commercial and residential use at 397 Patchen Road Ms. Bechtel said the Zoning Board had granted a variance allowing for the construction of this building with a residential use upstairs and commercial on the lower floor. Mrs. Maher felt it was appalling that such a variance 3. PLANNINGCOMMISSION APRIL 23, 1985 had been granted and Mr. Poger said he did not understand how a residential use could be allowed on this property. Ms. Bechtel noted that lot coverage would be 97%. The lot is mostly gravel. Mr. Cota said an existing building would be removed and the new one erected in the same spot. He expectsd the apartments to be for elderly people, noting that they would be 20' x 30' large. He said the business proposed for the first floor might use one of the apartment areas. Mr. Poger felt this was not the best place for apartments. The building to be removed is 20' x 28' and the new one will be 30' x 401. Ms. Bechtel noted that the ordinance allowed 7C4 coverage. She noted that the lot contained 3 openings ( not really curb cuts) and she mentioned closing some of this area and adding landscaping. Mr. Cota said that the school busses occasionally used the middle opening to turn around, and that Ireland's trucks used the most northerly one to turn around. He noted also that Harrington's, across the street, used the most southerly opening to pull his trucks into. He added that when large trucks pulled into Harrington's to unload, they parked partially in the road, and cars going by needed to pull around the trucks. The Commission felt the landscaping would be better used in front of the lot than in the back in front of the proposed new building. Mr. Poger felt the center curb cut should be closed and he said the landscaped area should be curbed. Mr. Dooley moved that the South Burlington Planning Commission approve the site plan application of Frank Cota for construction of a 2400 sq. ft. building on 2 floors for commercial and residential use at 379 Patchen Road as depicted on a plan entitled Proposed New Building rank Cota - owner, South ,Burlington, Vermont" prepared by Gordon G. Woods, Associates, dated 2/9/85 and 3 18 85 with the following stipulations: 1. The area between the northern and southern entrance drives shall be landscaped for a depth of 15 feet back from the property line. The center driveway shall be closed and landscaped The northern and south. n entrance drives shall be no wider than 36 feet. 2. A revised landscaping plan showing 41200 in plantings and trees along the road between the northern and southern entrances shall be approved by the Planner prior to permit. 3. A bond for $1200 shall be posted prior to permit. 4. The aisles around the buildings shall be kept free of boats, dumpsters2 and other obstructions. 5. The building permit shall be obtained within 6 months. Mr. Jacob seconded the motion and it carried with Mr. Poger abstaining because he fe A this was one of the worst plans he had ever seen and he objected to the residential use on the land. Consider request for extension of expired site plan application of Walter Adams, agent, for construction of an 11,910 sq. ft. building for Modern Mailing Service, located at 25 Berard Drive Ms. Bechtel said there were no changes to the plans. Mr. Dooley moved that the South Burlington Planning Commission grant a 6 month,extension to the site plan approval of Adams Construction Company, Inc., for the construction of an 11,910 sq. ft. building located at 25 Berard r City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05401 PLANNER 658-7955 Frank Cota 397 Patchen Road South Burlington, Dear Mr. Cota: May 7, 1985 Vermont 05401 ZONING ADMINISTRATOR 658-7958 I have reviewed your revised site plan and will approve this plan provided you agree to: 1) Expand the planter as shown on the plan to 15' x 85'. 2) Landscape the areas that surround the planter (15 foot depth from the property line) and the areas outlining the two drive- ways by installing top soil and seeding. The driveways shall be no wider than 36 feet. Designate the seeded areas on the plan. 3) Plant one or two of the flowering crabs in the center seeded area, outside of the planter to better define the driveway areas. 4) Revise the landscaping schedule to show the same landscaping you had an estimate for: 6 flowering crabs of 14"caliper 24 andorra juniper of 15" - 18" Remove the reference to thuja occidentalis globosa. 5) Post a bond (letter of credit or escrow account) for $1200 in landscaping as listed above. When these items have been completed you may apply to Dick Ward for your building permit. Sincerely, Jane S. Bechtel, City Planner THOMAS G. HADDOCK GARDENSIDE NURSERIES Manager WEBSTER RD. SHELBURNE, VERMONT 05482 To .... r-r'z v►�4 // Co. fa ........................................ ........you m.. Car. �► n v��, f�....0 S `��. ........... 6 PLANTING CONTRACT Telephone 802-985-2735 Date. PLANT OR SERVICE SIZE RATE TOTAL r 7,6 o a 6 &0 :7•Q0 n z TOTAL Service charge of 1'/z percent on all accounts over 30 days which is an annual rate of 18% and also all Court Costs, Attorneys Fees and other Costs of Collec- tion. Prices subject to change from one season to next. N work scheduled or done until white copy is signed and returned. We guarantee all woody plants on this contract against loss f a period of one y m a of invoice. Labor on replacement is at the customer's expense. Replacement to be made with stock of equal value if nece r his guar is ac u t is not ull within thirty days from date of invoice. Preparedby ........... .. . . .. . .... ................ Accepted......................................................... Terms.......... .................. Date............................................................. IM, SETS QCP 878 7�- I A4-11A�b Is tte of Vermont LAND USE PERMIT CASE No. PB-4-1034 LAWS/REGULATIONS INVOLVED APPLICANT Frank Cota Environmental Protection Rules: ADDRESS 393 Patchen Road Chapter 4 - Public Buildings So. Burlington, Vermont 05401 Chapter 7 - Sewage Disposal Chapter 8 - Plumbing This project consisting of a new two story public buildings for a photo shop on the first floor and an apartment on the second floor located at 401 Patchen Road in the City of Burlington, Vermont is hereby approved under the requirements of the regulations named above, subject to the following conditions: (1) The project must be completed as shown on the plans Job No. 8508, Sheet P-1 dated May 1985, revised 5-31-85 and on Sheet A-1 dated Feb. 9, 1985, revised 5-13-85 prepared by Gordon G. Woods Associates and which have been stamped APPROVED by the Division of Protection. No alteration of these plans shall be allowed except where written application has been made to the Agency of Environmental Conservation and approval obtained. (2) A copy of the approved plans and the Land Use Permit shall remain on the project during all phases of construction and, upon request, shall be made available for inspection by State or Local personnel. (3) The project is approved for connection to a municipal type water system approved by the Department of Health provided that all construction is in accordance with the approved plans and the Environmental Protection Rules, Effective September 10, 1982. (4) The installation of the sewer line from the building to the municipal sewer shall be inspected by a qualified consultant who shall, upon completion of the sewer but prior to the occupancy of the building, submit a written certification that the sewer was installed in accordance with the stamped plans and the following: (A) Cleanouts shall be provided on the sewer every 100 feet and each cleanout shall be cast iron with screw on cap. (B) The sewer shall have a minimum of 3 feet of soil cover and appropriate insulation shall be placed above the sewer where 6 feet of soil cover is not obtained. (C) Where the sewer is placed above the water line, the sewer pipe shall be centered over the water line so that the joints of the sewer are as far as possible from the crossing. Additionally, the sewer line shall be leakage tested to water line standards to ensure water tightness. PB-4-1034 - Cota Land Use Permit Page 2 (5) The Division of Protection is to be notified prior to the closing or covering of any waste plumbing so that we may inspect the workmanship. (6) The Master Plumber responsible for the interior plumbing shall indicate in writing, prior to occupancy, that the work has been done in accordance with the approved plans and the Environmental Protection Rules, Effective September 10, 1982. (7) The applicant is reminded that all plumbing material and workmanship must meet the standards of the Environmental Protection Rules, Chapter 9, Plumbing; the National Plumbing Code; and the requirements of the Vermont Fire Prevention Section of the Department of Labor and Industry. (8) The bathtubs must be vented as shown in red on the stamped, approved plans. Dated this 22nd of July, 1985, in the Village of Essex Junction, Vermont. FOR THE DIVISION OF PROTECTION Ernest P. Christianson Regional Engineer cc: Donald Robisky Department of Health Department of Labor & Industry City of South Burlington Gordon G. Woods �L 4A r State of Vermont Department of Fish and Game Department of Forests, Parks, and Recreation Department of Water Resources & Environmental Engineering Natural Resources Conservation Council AGENCY OF ENVIRONMENTAL CONSERVATION May 31, 1985 Frank Cota 393 Patchen Road South Burlington, Vermont 05401 Dear Mr. Cota RE: PB-4-1034; apartment building and retail space. Department of Water Resources and Environmental Engineering Essex Junction Regional Office 111 West Street Essex Junction, Vermont 05452 Our office has completed an initial review of the above referenced project and have determined that the additional information listed below will be needed before approval can be granted. Please note the the comments concerning interior waste and water distribution and ventilation plans were prepared by Mr. Robert Hood, Environmental Technician. (1) Indicate if an x-ray developing tank or other type processing equipment with waste drains will be installed and if so, submit appropriate plumbing plans. (2) The lst floor employee's water closet must be wet vented through the lavatory waste tying into the closet bend or it shall be individually vented. (3) Cleanouts must be provided at the base of the 4 inch stack coming down near the lst floor water closet. (4) The two 2nd floor bathtubs must be vented as shown on the waste and vent riser diagram. (5) The lst floor employees water closet must be elongated with open front seat. Please indicate. Once we receive the above mentioned items, we shall continue with our review. Sincerely, Ernest P. Christianson Regional Engineer cc: City of South Burlington Department of Labor & Industry Department of IIealth Gordon :woods &b =z- -1 2 F `1 ciTy ow gni1Tu Rj1Rr rW(-.TnL.i SITE PLAN A2L'LI-CA=0.N--- -- 1) NAME, ADDRESS, AND PHONE NUMBER OF: a) Owner of Record b) Applicantl� A iy c) Contact Person G iDo nl �i^. l.Jl.) oo a S Assoc( Q 4s Go R OO K( C' W o © ns 2) PROJECT STREET ADDRESS: SA 7 FA I (A jc. N Sp. 14A 3) PROPOSED USE (s) covy(rnere(q ( "Just NQ^S 1 St F%-ooe , A(22w1 Y1 eJs F-4-a a 12 4) SIZE OF PROJECT: (i.e. Building Square Footage, #units, maximum height and #floors 24UC� 2 5) NUMBER OF EMPLOYEES (full and part time): 6) LOT COVERAGE: Building Z--0 o; Building, Parking, Outside Storage: ` 0 8) COST ESTIMATES: Buildings: $ 4011 000 ; Landscaping $ -- Other Site Improvements: (Please list with cost) $ 9) ESTIMATED PROJECT COMPLETION DATE: 10) ESTIMATED AVERAGE DAILY TRAFFIC (in and out) i C) C 4n, je_ S 11) PEAK HOUR (s) OF OPERATION: b t-hti -6 5 o m 12) PEAK DAY (s) OF OPERATION: Mo ►1 y) 4! � T rV- ha U yx-�- SIGNATUIRE OF APPLICAN SITE PLANS MUST SH W THE FOLLOWING INFORMATION (PLEASE SUBMIT 4 COPIES) V/ Lot Drawn to Scale (20' preferred) Location of Streets, abutting properties, fire hydrants, existing buildings and landscaping Existing and proposed curbcuts, pavement, walkways Proposed landscaping plan (#, variety, size) equal to or greater than required amount in Zoning Regulations # and location of parking spaces (9'xl8') with 22 or 24 foot aisles as required # and location of handicapped spaces Location of Septic Tanks (etc) if on -site sewer Location of any easements Lot coverage ratio for building alone (foot print) and building, parking and outside storage '/ Location of site (street # or lot #) Z Name of person or firm preparing Site Plan and date /22/85 SB MOTION OF APPROVAL That the South Burlington Planning Commission approve the Site Plan application of Frank Cota for construction of a 2400 square foot building on 2 floors for commercial and residential use at 379 Patchen Road as depicted on a plan entitled "Proposed New Building Frank Cota-owner, South Burlington, Vermont" prepared by Gordon G. Woods, Associates, dated 2/9/85 and 3/18/85 with the following stipulations: 1) The area between the northern and southern entrance drives shall be landscaped for a depth of 15 feet back from the property line. The center driveway shall be closed and landscap d. f;S A revised landscaping plan showing $1200 in plAngs and rees shall be approved by the Planner prior to,permit. ,P,,,.A bond for $1200 shall be posted prior to permit. 4) The building permit shall be obtained within 6 months. r 4/22/85 3B MOTION OF APPROVAL That the South Burlington Planning Commission approve the Site Plan application of Frank Cota for construction of a 2400 square foot building on 2 floors for commercial and residential use at 379 Patchen Road as depicted on a plan entitled "Proposed New Building Frank Cota-owner, South Burlington, Vermont" prepared by Gordon G. Woods, Associates, dated 2/9/85 and 3/18/85 with the following stipulations: 1) The area between the northern and southern entrance drives shall be landscaped for a depth of 15 feet back from the property line. The center driveway shall be closed and landscaped. 2) A revised landscaping plan showing $1200 in planings and trees shall be approved by the Planner prior to permit. 3) A bond for $1200 shall be posted prior to permit. 4) The building permit shall be obtained within 6 months. April 26, 1985 Frank Cota 397 Patchen Road South Burlington, Vermont 05401 Dear Frank: Enclosed are the minutes of the Planning Commission meeting at which your site plan was approved. I will need revised plans and a revised landscaping plan before you can apply for a building permit. Sincerely, Jane S. Bechtel, City Planner JSB/mcg 1 Encl CC: Gordon Woods Memorandum April 23, 1985 Agenda items April 19, 1985 Page 3 4) FRANK COTA, PATCHEN ROAD The applicant proposes to construct a third building on this 1.15 acre lot that will be used for a photography mail order facility on the first floor and two apattmentson the second. The two existing buildings are used for Twin State Neon and a number of small businesses, one which will move to the new building. The Zoning Board granted approval for the additional building use on this lot. The area i-s zoned R4. It is directly across from the en- trance to the City landfill and Harringtons. Lot coverage: 97% of this lot is covered by buildings, parking and outside storage. The ordinance allows a 70% maximum. The area is presently gravelled. A small portion around the new building will be paved. Parking: The entire lot could presumably be used for parking. However, 6 spaces are shown for the new building. The applicant claims this is sufficient since no more than 2 cars are at the photography shop at one time and the 2 apartments will have 4 spaces. There are 3 curb cuts along the 253 foot long frontage. Our regulations require a 15' landscaped strip along the entire front- age. The two end curb cuts or the center driveway should be closed. Mr. Cota is willing to close the middle driveway although -he says it is used by school busses coming from the City landfill area. He does not want to close the two end driveways since cars and trucks often use them to bypass Harrington's trucks that stick out into Patchen Road when unloading. The proposed landscaping land consists of six spreading yews. A $1200 landscaping plan is required. 5) MODERN MAILING SERVICE, 25 BERARD DRIVE, WALT ADAMS, AGENT This site plan application was approved on September 11, 1984 and expired on March 11, 1984. This request is to extend that approval for six additional months. There are no changes from the original. Enclosed are the Findings and the original approval. The approval motion should be amended to include a $5000 bond for landscaping. cl- April 19, 1985 Frank Cota 397 Patchen Road South Burlington, Vermont 05401 Dear Mr. Cota: Enclosed are the agenda and a copy of my memo to the Planning Commission. Please be sure someone is present on Tuesday, April 23, 1985 to represent your application for Site Plan Review. JSB/mcg Encls cc: Gordon Woods Sincerely, Jane S. Bechtel, City Planner /o q CAUf C'6 a D ,cc— � -1 � - f-A e COTA, Frank 401 Patchen Road Area zoned R-4 Section 9.10 Permitted uses - Permits customary accessory uses and buildings including garages, prohibited commercial uses Permit issued September 15, 1987 for 28' x 34' addition to existing 24' x 24' garage Proposed use of approximately 1/2 of new addition for commercial use (475 square feet) d.b.a. Vermont Oil Analysis Section 19.65 Multiple uses - lot presently occupied by three other buildings 393 Patchen Road - 30' x 40' - 2 story structure - use Image Smith Photo Lab and two residential units 397 Patchen Road - 54' x 122' structure use Twin State Signs and Creative Touch #401 Patchen Road - 30' x 60' - 2 story building - uses Home Video Center, Redi Bilt, Frank's Neon, Baker's Lock Smith, Vermont Oil Analysis, Champlain Academy of Ballet, 60 Cycle Humm Lot size 49,974 square feet - 1.1 acres with 242 feet frontage 1 SOLJ .3UI:LINGTON LOIN IM" U4 J.1USTX,-,NT indings in .accordance with 5ectlon 141+6P of the Plannini, rI, i)ov(,1oi)[no t Act (1) That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property, and that the unnecessary hardship is due to such conditions, and not the circumstances or conditions generally created by the provisions of the zoning regulations in the neighborhood or district in which the property Is located; EJ (2) That because of such physical circumstances or conditions, there is no 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 necessary to enable the reasonable use of the property; 1:1 (3) That such unnecessary hardship has no-t been created by the appellant; (4) That the varLi—aJnce, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare; and I?" (5) That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the zoning regulations and of the plan. Appeal Date n ellant p Vote: Yes Q No Sign -a -1 OCN-41.-1..JFW �f� List fincll.ngs below: 1. 3• 1;UU'( 13U1?LINI,'1'UN hUivlNC, iSUP+;:ll J ll.1U:>'l' 'iridlrigs In accordance with Section 1446f of thr� PI.r�nnlnr A(-t (1) That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property, and that the unnecessary hardship is due to such conditions, and not the circumstances or conditions generally created by the provisions of the zoning regulations in the neighborhood or district in which the property Is located; (—j)-� (2) That because of such physicall-circumstances or conditions, there is no 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 necessary to enable the reasonable use of the property; [] ) (3) That such unnecessary hardship has no-t been created by the appellant; (4) That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare; and QP- (5) That the variance, if authorized, will represent the minimum,, variance that will afford relief and will represent the least modification possible of the zoning regulations and of the plan. Date i�-�7�',� �> > Appellant f� Vote: Yes Q List findlnF-s below: 1.-MLC % S 'hL7/wA9 2. r Appeal # I C-0`f" (4 N o Q S i g n ^^moo C, CF/� 0 0U'il ijU}?LINi,'TON l,Ui�IhG isUi",i:U U!� JJU'S"r ^.;.N'T Findlngs In ,iccordanec with Section 14146P of the f'lannLnr, Y, i)ev+rlo1)Inant. Act (1) That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property, and that the unnecessary hardship is due to such conditions, and not the circumstances or conditions generally created by the provisions of the zoning regulations in the neighborhood or district in which the property is located; Ej (2) That because of such physical circumstances or conditions, there is no 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 necessary to enable the reasonable use of the property; 11 (3) That such unnecessary hardship has no-t been created by the appellant; (4) That the varLi—aJnce, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adj cent property, nor be detrimental to the public welfare; an (5) That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the zoning regulations and of the plan. Appeal # Date Appellant r,15t� Vote: Yes Q No j List findings below: 1. 2. 3 Mi S0ll'A HUR LINGTON ZON IN(i isl)A:' D :'inciinE;s in ,accordance with Section 141+6F'of' llot�rnantP, + Act (1) That there are unique physical circumstance:; or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property, and that the unnecessary hardship is due to such conditions, and not the circumstances or conditions generally created by the provisions of the zoning regulations in the neighborhood or district in which the property is located; 0 (2) That because of such physical circumstances or conditions, there is no 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 necessary to enable the reasonable use of the property; 0 (3) That such unnecessary hardship has no-t been created by the appellant; a (4) That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property Is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare; and Imo--! (5) That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the zoning regulations and of the plan. Appeal # l Da t o /, r f 7 Appellant' Vote : Y e s Q No 1�f S 1 f n— m ., .a r .-..s44 .--• r t l'irid 1 rigs below: 3. ;OL HUH LINGTON ZOO ING DOA I) U9 DJ U i't';'._.N'l' inding s in -iccordance- with Section 141+6P of the :'IawrIr w ,", D-veIoi)ment. Act (1) That there are unique physical circumstance:: or conditions, including, irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property, and that the unnecessary hardship is due to such conditions, and not the circumstances or conditions generally created by the provisions of the zoning regulations in the neighborhood or district in which the property Is located;b (2) That because of such physical circumstances or conditions, there is no 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 necessary to enable the reasonable use of the property; [] (3) That such unnecessary hardship has no-t been created by the appellant; q (4) That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently Impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare; and H (5) That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the zoning regulations and of the plan. jllo Date Appellant Cow Vote: Yes Q No List fin_,i.n s below: 1. C`�����✓I6L. Z lr 3. Appeal # / /1,48 8% //-CO,A 1Pam'T!'11111 '`�I - A G E N D A South Burlington Zoning Board of Adjustment City Hall Conference Room 575 Dorset Street South Burlington, Vermont Regular meeting @7:00 P.M. Monday, December 28, 1987 1) Appeal of Frank Cota seeking a variance from Section 9.10 Permitted uses and Section 19.65 Multiple uses. Request is for permission to convert approximately half of an existing storage building (950 square feet) into offices and occupy area as an air quality management business in conjunction with three existing buildings, on a lot containing 1.1 acres, located at 397-401 Patchen Road. 2) Minutes of December 14, 1987. Respectfully submitted, 'Richard Ward, Zoning Administrative Officer 1 PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 December 14, 1987 Mr. Frank Cota 401 Patchen Road South Burlington, Vermont 05403 Re: Zoning appeal ZONING ADMINISTRATOR 658-7958 Be advised that the South Burlington Zoning Board of Adjustment will hold a public hearing at the City Offices, Conference Room, 575 Dorset Street on Monday, December 28, 1987 at 7:00 P.M. to consider your request for a zoning variance. Please plan to attend this hearing. Very truly, Richard Ward, Zoning Administrative Officer RW/mcp SOUTH BURLINGTON ZONING NOTICE In accordance with the South Budington Zoning Regulations and Chapter 117, Title 24 V.S.A. the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Bur- lington Municipal Offices, Con- ference Room, 575 Dorset Street, South Burlington, Vermont on MondaDecember 28, 1987, at 7& P.M. to consider the following, Appeal of Frank Coto seeking a variance, from Section 9. 10, Per- mitted uses and Section 19.65 Multiple uses of the South Bur- lington Regulations. Request is for Permission to convert ap- prox,mately holf of on existing storage building (950 square feet) into offices and occupy area as an air quality manage- ment business in conjunction with three existing buildings, on a lot containing 1.1 acres, located at 397-401 Patchen Road. Richard Ward Zoning Administrative Officer December 12, 1987 SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 117, Title 24 V.S.A. the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington Municipal Offices, Conference' Room, 575 Dorset Street, South Burlington, Vermont on Monday December 28, 1987 at 7:00 P.M. (day of week) (month and date) time to consider the following: Appeal of Frank Cota seeking a variance from Section 9.10 , Permitted uses and Section 19.65 Multiple uses of the South Burlington Regulations. Request is for permission to convert approximately half of an existing storage building (950 square feet) into offices and occupy area as an air quality management business in conjunction with three existing buildings, on a lot containing 1.1 acres, located at 397-401 Patchen Road. Richard Ward, Zoning Administrative Officer 12/12/87 NOTICE OF APPEAL I I k C) ft 2 SOUTH BURLINGTON ZONING BOARD OF ADJUSTMENT Name, address and telephone # of applicant., 2 Name, address of property owner Property location and descripti I hereby appeal to the Zoning Board of Adjustment for the following: conditional use, variance or decision of the administrative officer. I understand the meetings are held twice a month (second''and fourth Mondays). The legal advertisement must appear a minimum of fifteen (15) days before the hearing." 1--agree to pay the hearing fee of $30.00 which is to off -set the cost of the hearing. Hearing Date Signature o ppellant Do not write below this line -------------------------=-=----------------------------------------------------------- SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning. Regulations and Chapter 117, Title 24 V.S.A. the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington Municipal ffices, V'�� nferenceer �Room, 575 Dorset Street, South Burlington, Vermont on �* �.G� Z 6 / 1 P6 7, at Oo , A -- (day of week) (month and date) time to consider the following: Appeal of : j;, *." '06 ^" �-��--• seeking a Va4.,e dam+ from Section 9 / -4_' of the South Burlington Regulations. Request is for permission to Q'ojfJ�'�t.y� ,.rn Ate+_ et ^ � �.s.r�.�� ti,,.. z/,•. ,c.�..-► �_ ��...�.�— �. �. Vol a r � / k PRESENTATION PROCEEDURES FOR APPELLANTS TO THE SOUTH BURLINGTON ZONING BOARD OF ADJUSTMENT The Zoning Board Adjustment is a quasi-judicial body empowered to hear appeals to the Zoning regulations. These regulations have the force analeffect of law. It is the responsibility of you, the petitioner to present ;your documented arguments as to why the Board should grant a variance in your case. The Board has little discretionary power and each of the following five criteria must be met before the Board can grant a variance. Not one - three or four but all five of the following facts must be found by the Board before a variance can be granted. Please come prepared to present all the facts necessary for the Board to make an objective and intelligent decision. (Refer to Sec. 4468 of the Planning and Development Act of 1969 for further clarificatiion). 1. That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property, and that the unnecessary hardship is due to such conditions, and not the circumstances or conditions generally created by the provisions of the zoning regulations in the neighborhood or district in which the property is located; Z. That because of such physical circumstances or conditions, there is no 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 necessary to enable the reasonable use of the property; 3. That such unnecessary hardship has not been created by the appellant; 4. That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare; and 5. !-hat the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the zoning regulations and of the plan. ccL r tit v-- --�'C7 X)V-,XM lta G t ` l D O 1 V-r=az u t Al _ INDICATE NORTH DATE JOB I i i i 4 � j I I 1 I I I ( c /0 r - 40 e� Coo& oo llo� aoo// a-U4- io� - � March 12, 1985 Mr. Frank Cota 397 Patchen Road South Burlington, Vermont 05401 Dear Mr. Cota; Be advised that the South Burlington Zoning Board of Adjustment has granted your request for a multiple use of your property in accordance with a plan on file at this office, prepared by Gordon Woods, dated February 2 , 1985. Your plan is subject to site plan approval by the Planning Commission, contact Ms. Jane Bechtel at this office for scheduling. Be further advised that due to no sewer capacity no permits have been issued, however, projects that are approved are placed on a waiting list, hopefully construction on the sewer plant will start this spring, which will provide additional capacity upon completion. The Board Will. issue formal findings at a later date. We will issue a permit for storage shed upon your request. If you have any questions please don't hesitate to call me. Very truly, Richard Ward, Zoning Administrative Officer RW/mcg 60111( "UN LINGTON- G(!N 1 NO -BOAT f) 0( ,DJ U T "'NT ?indings in accordance with Section 446P of the Planning & Development. Act 1) That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property, and that the unnecessary hardship is due to such conditions, and not the circumstances or conditions generally created bS the provisions of the zoning regulations in the neighborhood or district in which the property is located; i?� (2) That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the zoninf� regulations and that thF authorization of a variance is therefore necessary to enarl.e the reasonable use of the property,; (3) That such unnecessary hardship has not been created by the appellant; (4) That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the anoropriate use or development of adjacent property, nor be detrimental to the public welfare; and FA (5) That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the zoning regulations and of the plan Date �_i—l�— � 57 ;nnellant / D6 ic, Vote: Yes Q No List firdinFs below: A10 - oe C 44�4 3. 7 Appeal # Sinn _ SOUT. BURLINGTON ZONING BOARD OF ADJUSTV-'-:NT Findings in accordance with Section 446F of the Planning & Development Act (1) That there are unique physical circumstances or conditions, including irregularity, narrowness,,or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property', and that the unnecessary hardship is due to such conditions, and not the circumstances or conditions generally created by the provisions of the zoning regulations in the neighborhood or district in which the property is located; 1Z (2) That because of such physical circumstances or conditions, there is no 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 necessary to enable the reasonable use of the property; R) (3) That such unnecessary hardship has not been created by the appellant; (4) That the variance, if authorized, will not alter the essential' character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare; and (5) That the variance, if authorized, will r1Jepresent the minimum variance that will afford relief and will represent the least modification possible of the zoning regulations and of the plan. Date G� Appellant Vote: Yes Q L: 1 2 3 1> Appeal # ME S()tl'( NUN, LI NOTON- :'AIN ! NO NUnr. J 1!)J U:;'l'11, Findings in accordance with Section 446f of the Planning & Dovelopment Act (1) That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property, and that the unnecessary hardship is due to such conditions, and not the circumstances or conditions generally created by the provisions of the zoning regulations in the neighborhood or district in which the property is located' l-1 (2) 'ghat because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the zoninrr rPP<:-and ultions nd that the authorization o`' a variance is rherPfor� n-cessary to enalle the reasonable use of the property; �f (3) That suc unnecessary hardship has notL been created by the appellant, (4) That the variance, i' authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to tree public welfare; an&_i^( (5) That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the zoning- regulations and of th- play leHppeal Date_ ~�l1ant Vote: Yes No Q List finings below: ►.. �� r - - a. SOU( NUR LINGTON- Gl!N 1 N0 ji0Ar� i! i C ,A!),1 U i'!'"" .N'I' Findings in accordance with Section 446f of the Planning & Development. Act (1) That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property, and that the unnecessary hardship is due to such conditions, and not the circumstances or conditions generally created by the provisions of the zoning regulations in the neighborhood or district in which the property is located; LI (2) 'I'hat because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions or the zoning• regulations and that the authorization of a variance is therefore necessary to enarle t"e reasonable use of the property.; E/I (3) That such unnecessary hardship has not been created by the appellant; LJ (4) That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the aonropriate use or development of adjacent property, nor be detrimental to tr,e public welfare; and i�r (S) That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the zor.inr regulations and of th- ola:�. a Appeal # -3 Date A:,-U-:� 11Unt � Vote: Yes Q List findings below: No Q Sign 7 ign_t�'c` tJ _ 3.yfe-- NOTICE OF APPEAL SOUTH BURLINGTON ZONING BOARD OF ADJUSTMENT N V/ N \P T4 I hereby appeal to the Zoning Board of Adjustment for the following: conditional use, variance or decision of the administrative officer. I understand the meetings are held twice a month (second and fourth Mondays). The legal advertisement must appear a minimum of fifteen (15) days before the hearing. I agree to pay the hearing fee of $30.00 which Qis to off-set the cost of the hearing. Hearing Date Signatures46f Appellant Do not write below this line --------------------------------------------------------------------------------------- SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 117, Title 24 V.S.A. the South Burlington Zoning Board of Adjustment will hold a public' hearing at the South Burlington Municipal Offices, Conference Room, 575 Dorset Street, South Burlington, Vermont on , , at day of weed month and date time to consider the following: Appeal of CpvYl� C�f�G� seeking ay rA,1 1CL , from Section �( , (' r2Q� - � r 1j-'n_Po r VYA#A_ t.A,,60_Q M a teAA."\PAt Q� , of the South Burlington Regulations. Request is for permission to esn ! ct . !J U4Q_e Ge,A tom. 1, f" eQ, t� ".�. _ � � E. A J r f SOUTH URLINGTON 'ZONING BOARD OF( )JUST;CNT Findings in accordance with Section 446P of the Planning & Development Act (1) That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property, and that the unnecessary hardship is due to such conditions, and not the circumstances or conditions generally created by the provisions of the zoning regulations in the neighborhood or district in which the property is located; (2) That because of such physical circumstances or conditions, there is no 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 necessary to enable the reasonable use of the property; 11 (3) That such unnecessary hardship has not been created by the appellant; (4) That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare; and Q (5) That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the zoning regulations and of the plan. Appeal # Date :3 ///(e,�- Appellant �--RJtA < I'd Vote: Yes No Sign List findings below: 1. AMA Q 9 Es,61L,� & i 4 t D y.�,� �c -``t %Z,� s ; 2. _ 1 M c,1Q g' f re.� c 1 �'G w�U- �. "� — �„GY�n't�B� �11� 1L /+✓14 N a T C An-0 � SOUT( 3URLINGTON ZONING BOARD 0.4 DJUSTMEENT ?indings in accordance with Section 446E of the Planning & Development Act (1) That there are unique physical circumstances or conditions, including irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property, and that the unnecessary hardship is due to such conditions, and not the circumstances or conditions generally created by the provisions of the zoning regulations in the neighborhood or district in which the property is located; 0 (2) That because of such physical circumstances or conditions, there is no 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 necessary to enable the reasonable use of the property; ( t (3) That such unnecessary hardship has not been created by the appellant; (4) That the variance, if authorized, will not alter the essential' character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare; and 0 (5) That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the zoning regulations and of the plan. El Appeal # f Date Appellant � ~ e// Vote: Yes No Q Sign G'd List findines below: 1. 2. 3. V 67 boo Q D a SOUTH BURLINGTON ZONING NOTICE In accordance with the South Budin ton Zoning Regulations and Chapter 1 17, Tula 24 V.S.A. the South Burlington Zoning Board of Adjustment will hold a puNic hearing at the South Bur- lington Municipal Offices, Con- ference Room, , 575 - Doryet Street, South Burlington, Vermont on Monday, March 1 1 w 1985, at 5:00 P.M. to consider the follow- kv: N1,Appeol of Donald and Elea- nor Lovallette seeking approval, from Section 19.65, Muhiple uses . of the South Budington Regulo. tions. Request is for permission to construct a commercial Parking lot (106 spaces) . in conjunction with on existing mangle -family., dwelling, loc of 32 Dawn', Court. 02 Appeal of Gary Johnson, Dave Kelly, agent seeking a va- riance, from Section 18%, Di- mensional requirements of the South Burlington Regulations. Re- quest is for permission to convert a single-family dwelling unit into a duplex on a jot approximately 900 square feet less than the minimum required 12,000 square feet, located at 66 Barrett Street. #3 Appeal of Frank Coto seeking a variance, from Section 9.10 permitted uses, 18.00 dimensio- nol requirements and 19.65 mul- tiple uses of the South Burlington Regulotions. Request is for per- mission to construct 2 additional buildings on lot for use as a 1) storage shed, and 2) a 2-story rental building for commercial use and a residential apartment, located at 397 Potchen Prod., 04 Appeal of George and Deb Mollo seekingg a vonance, from ; Section 19.00, Non -conforming uses and stnxtures extension of the South Burlington Regulations. Request is for permission to con- struct a 15'4 28' attached garage to a dwellingg which is non -con- forming to ifie minimum dimen- sional requirements, located at 37 Greening Avenue. Richard Word, Zoning Administrative Officer February 23, 1985 COTA, Frank 397 Patchen Road Area zoned R-4 District Section 9.10 Permitted uses - Residential permitted, commercial prohibited - existing uses under variance (August 1982 for 2nd. building.) Section 18.00 Dimensional requirements - minimum rear yard 30 feet Proposed new building 30'x40' to within 14 feet - new 241x24' storage building to within 15 feet Proposed uses for 30'x40' commercial on first floor and residential on second floor. Lot 1.16 acres + with 253 feet. Existing sign shop is non -conforming use. February 25, 1985 Frank Cota 97 Airport Parkway South Burlington, Vermont 05401 Dear Frank: Be advised that the South Burlington Zoning Board of Adjustment will hold a public hearing at the City Hall Conference Room, 575 Dorset Street on Monday, March 11, 1985 at 5:00 P.M. to consider your request for a zoning variance. Please plan to attend. Very truly, Jane S. Bechtel, Acting Zoning Administrative Officer JSB/mcg ritiz cam: tl3allt�.� (" E aNIZ,-S -y-k\N4e- 3 J z/2 - 7 9 i PRESENTATION PROCEEDURES FOR APPELLANTS TO THE SOUTH BURLINGTON ZONING BOARD OF ADJUSTMENT The Zoning Board Adjustment is a quasi-judicial body empowered to hear appeals to the Zoning regulations. These regulations have the force an effect of law. It is the responsibility of you, the petitioner to present your documented arguments as to why the Board should grant a variance in your case. The Board has little discretionary power and each of the following five criteria must be met before the Board can grant a variance. Not one - three or four but all five of the following facts must be found by the Board before a variance can be granted. Please come prepared to present all the facts necessary for the Board to make an objective and intelligent decision. (Refer to Sec. 4468 of the Planning and Development Act of 1969 for further clarification). 1. That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property, and that the unnecessary hardship is due to such conditions, and not the circumstances or conditions generally created by the provisions of the zoning regulations in the neighborhood or district in which the property is located; L. That because of such physical circumstances or conditions, there is no 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 necessary to enable the reasonable use of the property; 3. That such unnecessary hardship has not been created by the appellant; 4. That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare; and 5. That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the zoning regulations and of the plan. ,w o - �L `�ou� Ott-��slot�s 17 D q�) ;,-A