HomeMy WebLinkAboutVR-97-0000 - Decision - 0009 Richard TerraceFINDINGS OF FACT
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
On the 13th day of October, 1997, the South Burlington Zoning
Board of Adjustment heard testimony regarding a variance
application of Gerald and Mary Pepin, 9 Richard Terrace, also
attending this meeting was Gary Schindo.
Based upon the testimony provided at the above mentioned public
hearing and the documents submitted to the Zoning Board of
Adjustment which are contained within the "document file" for
this application, the Zoning Board finds, concludes, and decides
as follows:
1) The area in question is zoned R-4 District.
2) Section 25.00 Dimensional requirements of the zoning by-laws
requires a minimum side yard of ten (10) feet.
3) A survey completed in September 1989 resulted in the
realignment of the westerly property line. The new property
line established a zero (0) setback of the dwelling and a
screened patio.
4) A recent Vermont Supreme Court ruling (Bianchi vs Lorenz)
prevents the sale of property which may be in violation of
local zoning by-laws.
5) At the time of construction of the structure in question,
the side yard setback was fifteen (15) feet.
Conclusion
1) Lot is narrow and physically limiting to present
improvements which were built prior to this appeal.
2) Hardship was created by builder, applicant did not willingly
create the hardship.
3) Variance does not alter the neighborhood character.
4) Variance is minimal since it does not change the present or
past improvements.
5) Adjoining property owner supports this request.
Based upon the findings and conclusion setforth above, the Zoning
Board of Adjustment hereby grants the applicant's request to
create a zero (0) westerly side yard as the result of a property
line adjustment located at / harq-fTeX74j Cg •.
South Buel.ington Zoning ward
OCT27B97
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