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Home My WebLink AboutVR-92-0000 - Supplemental - 0003 Pavilion AvenueI MEMORANDUM To: South Burlington Zoning Board of Adjustment. From: Richard Ward, Zoning Administrative Officer Re: Zoning appeal of Penny Yiota Ahladas Date: January 17, 1992 In September 1991, Ms. Ahladas wl'-.Is granted a permit. to remove art existing 5'x6' addition located on the northerly side of a sin- gle -.family dwelling at 3 Pavilion Avenue and replace it with a 61:-181 addition. Information submitted at that time indicated a side yard setback on five and one half (5.5) feet. During the same time period, Ms. Ahladas constructed a storage shed within the rear yard of the same property. Concerns were raised that the shed might be located on City property. Three Pavilion Avenue abuts Red Rocks Park. The Recreation Department request Jim Harvel, Assistant City Engineer to survey the land in question. his findings were that the shed is located on City land (in spring shed will be relocated) however, the survey also revealed that the addition is located one and one half feet from the side property line. The original 51x6' addition was two and one half feet thereby being non :conforming. This matter must be resolved by the Board of Adjustment. Be advised that the nearest structure to 3 Pavilion is approximately ten feet northerly to the addiMori L AHLADAS, Penny Yiota 3 Pavilion Avenue Q.C.P. District. Section 18.00 Dimensional requirements, minimum side yard 1.5 feet. '"%k Proposed side yard 1.5 feet. Remove existing 5'x6' addition, add 6'xI8' to within 1.5 feet of northerly side yard. Lot 35'x62' = 2170 square feet "M*N 0 �;.'S ,r n IN City of South Burlington Application to Bc d of Adjustment Dat t f Z APPLICP-70N # / Z--623 HEARING DATE Appl cant ? e V1 K a L 1". c t 5 caner, leasee, agent Address q LyoyS d-Z Sf�. Telephone # FILING DATE FEE AMOUNT Landowner Address 3 ?0-yd oLi Location and description of property Prv41i'o►j C" �l park Type of application check one ( ) appeal from decision of Administrative .Officer.( )request for a conditional use ( L/) request for a variance. I understand the presentation procedures required by State Law (Section 4468 of the Planning & Development Act). Also that hearings are held twice a month (second and fourth Mondays). That a legal advertisement must appeal a minimum of fifteen (15) days prior to the hear-.^.g. T agree to pay a hearing fee which is to off -set the cost of the hearing. Provisions of zoning ordinance in question Reason for appeal The owner or applicant should submit along with this application (8 copies) plans, elevations, landscaping diagrams (drawn to scale) traffic data and any other additional information which will serve as(-s-)upport evidence to the Board. Hearing Date Sig ature of Appellant Do not write b low this line SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 117, Titl 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 Day of Week a'L to consider the following: Month and Date Appeal of seeking a!_.•�.�-�i- Time from Section 1"�5 ''-� outh Burlington Regulations. Request is for permission to 0 -1- ___._ __ ,�� I e 1/0 n &" .. 'e- 'g� Z ' - z //0 4�-- City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT05403 FAX 658-4748 PLANNER 658-7955 January 13, 1992 Ms. Penny Viota Ahladas 9 Lyons #2, Q.C.P. South Burlington, Vermont. 05403 Re: Zoning appeal Dear Ms. Ahladas: 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, 1,75 I)nx• =t. Sti—leet on Monday, January 1992 at 7..00 P.M. to consider your request for a zoning variance. Please plan to attend this meeting. Very truly, Richard Ward, Zoning Administrative Officer 1 Encl k�!mcp SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Reggulations and Chapter 117, Title 24, V.S-A. the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington Mu- nicipal Offices, Confer- ence Room, 575 Dorset Street, South Burlington, Vermont on Monday, Jan- uary 27, 1992 at 7:00 P.M. to consider the following: #1 Appeal of Adelphia Cable Communications, Phil Hughes agent seek- ing approval from Section 18.111 Height of struc- tures, sub section (e) an- tenna towers of the South Burlington Regulations. Request is for permission to erect a communication antenna tower eighty (80) feet in height on a lot containing g.6 acres lo- cated at 106 Kimball Ave- nue. #2 Appeal of Penny Yiota Ahladas seeking a vari- ance from Section 18.00 Dimensional requirements of the South Burlington Regulations. Request is for persmission to con- struct an 6'x18' addition (replacing an existing 5'x6' addition) to within one and one half (1.5) feet on the northerly side yard, at 3 Pavilion Avenue Q.C.P. Richard Ward Zoning Administrative Officer January 11, 1992 L• ieS S;vlGf, 5 e-G1 0ti., p A �Ci b'6�, aV'e s a Li ll r J Q LjC4- k�r Dick Ward 7 Jan., 1992 Planning and Zoning Administrator City of South Burlington, Vt. Dear Mr. Ward, I am writing in response to the letter sent to me by Raymond Belair on December 27th regarding zoning violations to my zoning permit #91-319 and amendment #91-329. As I understand from Mr. Belair's letter, there is currently a violation of my building permit and a variance will be required to remedy the situation. I want to first off apologize for any misunderstanding of the requirements on my part that has led to this violation and I would like to take immediate action to remedy the situation. I would like to briefly summarize my understanding of the events surrounding the permit and provide you with any of the information that is currently needed to resolve the issues at hand. As you may recall, when I first met with you in September to acquire a building permit for 3 Pavilion the house was under contract to be purchased but I did not yet own the building. I was denied access to the house and the property by the owners due to complexities with the closing. The owners, after cashing a $5,000 down payment and signing a legally binding contract were attempting to sell the house to another buyer for a higher price. As I had explained to you the drawings were very rough estimates that were done to the best of my ability given the circumstances. As a result of my five years as a renter in the neighborhood I was aware of the many problems and unusual circumstances in the neighborhood related to property lines and boundaries. Being concerned about the issues of boundaries etc. I specifically asked you if I should have a survey done or take any other pre- cautionary steps prior to the renovations. I was assured that it was not necessary to take such actions. I was therefore sur- prised to receive Mr. Belair's letter describing the problems. However, I trust we can remedy them in an expedient manner. Also at the time of applying for the permit I had understood you to tell me that the structure was already a non -complying struc- ture and was therefore grandfathered into a certain exempt status from standard requirements. If the current side addition is indeed 1.5 feet from the neighboring property line, that means that the previous addition was 3 feet from the neighboring property line. It was not our original intention to rebuild the new addition any wider then the already existing 6 foot wide addition. Our origi- nal intention was only to add onto the length of it. As you know the old side addition had deteriorated too badly to add onto and had to be rebuilt. Numerous complexities in the foundation work and reconstruction forced us to have to expand the size of the addition in order to accommodate heating and plumbing facilities that were originally planned to be in the new foundation that we were unable to build due to problems in with the high water table. At the time when I came in to amend the permit to try and remedy the problems we were faced with I was completely unaware that anything other then a normal building permit was required. Before we made the decision to widen the addition by 1.5 feet to resolve the problems we discussed the situation with both you and our neighbors whose property we were bordering. I was under the impression that with clearances from both you and our neighbors any and all necessary measures had been completed. Again, I apologize for any misunderstanding on my part and would like to take corrective action. We ran into numerous substantial problems in attempting to repair the foundation and plumbing and heating facilities for the house. Given that we were unable to pour a real foundation we chose the only practical and economi- cal solutions to the problems by expanding the size of the side addition to allow for both the plumbing and heating. Any other options would have involved significant finances beyond our means and significant changes to the original house (moving the stair- case etc). Enclosed please find my application for the variance that I was requested to apply for. I would be happy to provide you with any additional information. Sincerely, P ny A ladas 3 Pavilion S.Burl., Vt. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 December 27, 1991 Ms. Yiota Ahladas 3 Pavilion Avenue South Burlington, Vermont 05403 Dear Ms. Ahladas: ZONING ADMINISTRATOR 658-7958 The City of South Burlington has recently had the property line between Red Rocks Park and your property surveyed. This survey revealed that the detached accessory structure you constructed last fall is presently located entirely on City property. The City therefore requests that you move this structure and place it entirely on your property. As part of the surveyin,^__ GY'iCe.din e to determine the Red Rocks boundary, existing monuments we,--e used, including existing pins in the front of your property. The surveyor found that in ex- tending your northerly boundary to the park that your new addi- tion is only 1.5 feet from your Side boundary line. Zoning permit #91-319 issued to you on September 11, 1991 authorized the addition to be e.i?ht. (8) feet from your side boundary. On Sep- '_ernber 4 `� 1- '2 9 to amend the previous permit to increase the size of the addition to 2:-5 feet thus bringing the addition that much closer to the side line. The site plan submitted i.;:cd:ic.ate that the addition ,rit.h the amendment woj ld now 'Lie feet r r—,m your side lot line and the recent survey indicates that it s only 1.5 feet. Since the side yard setback requirement in Queen City Park is five (5) feet, you will be required to obtain a variance. Ms. Yiota Ahladas Zoning V.iolatians December 27, 1991 Page 2 Please complete and return to this office the enclosed applica- tion to the Board of Adjustment with the $50.00 filing fee. If you have any questions, please contact either Dick Ward or my- seir. Sincerely, , Raymond J. Belair, Zoning and Planning Assistant 1 Encl RJB/mcp cc: Chuck Haft.er r:r-ucE: U' Inc-i1.l Dick Ward