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Home My WebLink AboutVR-97-0000 - Supplemental - 0009 Richard TerraceCity of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 September 30, 1997 Mr. Gerald Pepin 9 Richard Terrace South Burlington, Vermont 05403 Re: Zoning Board of Adjustment Dear Mr. Pepin: 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, South Burlington, Vermont on Monday, October 13, 1997 at 7:00 P.M. to consider your request for a variance. Please plan to attend this meeting and be prepared to address the enclosed variance criteria. If you have any questions, please don't hesitate to call me. Very truly, Richard Ward, Zoning Administrative Officer RW/mcp 1 Encl n.- Y e-a/- �s�s 00, to LOT N0•4 1 CL ti4r' Q cf� y l d house no•9 4 �OT NO-6 j G��LAT.��FSUFZVEY r.PEPlN E R.�(`�t.TN ;�►.;::.�r.� ;.: fi1LMA( G T RI: ACE F 'r�1j•._�.i:;TlLi,1� �f. �•� APPHOVEO 9V DRAWN 8Y SCALE: W. A. R KT'C�l DATE:1�-- — 44 top irR � wDRAWING NUMBER • %AiAAPFN A.[,.';C',_F �TIFft RF(�. i provided, however, that the.buildable width of such lot Shall not be reduced to less than tUFty feet; provided, 1 -further; thatino'accesscry building on a corner,lot`'shall not' -project beyond the • front =yard � ont either ` streett "' tb.` In'•a;,Business-,District and an-Indu'sirial District no building other than a' dwelling shall• be.: erected -or -placed within ten feet of a'street line, and all buildings used for residential',purposes -shall.- be erected or placed,a __ •mirA4aum•�of l'twen feet-f rom'any street -h inetr •• (• c. In any District there shall be in front of every dwelling x on a.u•street,a yar�ot less than thirty-tfeetydeep:r•`bn` 3. Side and: Rear Yardss pprr I;1:.1.1 ti. en. 1-::C,1qW'J� 0 t� lAInd cs11,.L'.:f!�+ :�a :41;-..: a. In 'a 'Residezia Oistricitthere~ shall be a Psidetyard on each side of h dwelling and ..each1%ide�,yard'shal'1 have a width of not less than U5%-of the average width C of the lot, .' , but: need,,not; Abe greater :than=l5-,feet, iii.4idtti; Provided, - however; Ahat'lsuch* yard'at'the• sides shall not: be- less than 10:feet:,in width. Accessory buildings shall'be "not less.'than three (3). feet'.from'a si&e lot -line • b. In a Residence District there shall be a rear yard of not less th9nvtwanty:1(20)*reant"6f -the depth' of'' -the lot, but: need;"hot1bel•greater than'1-50jfeet in'•depth;'''provi'c#ed, how,yver,' thai'4ue]Y rear yard -shall •rioilid l:ess`ltlian`'twenty- -five (25) feet. `Z. a 'u^ ._..}•�x..:r : ;,`�: c. . Mi a* Business',Districtcbr- Industrial : Dfstrict, "the side and the*, rear- yard reou.irements 'for buildings used`f6i residential purposes shall .comply with' "the- r'equiremients -in Residential Districts. ) . •i._ ''j. .. :� 1:. (i .'! k'? "P1 a ('f F: :1 !.Cf! 011 ^j•'1i{•„i �Z ..'Section 1% HEIGHT REQUIPMENTS.1 j o-ii' t;5'. i•P ..: _: .,"i-.•'.i !` ,,y {!•�.._ .: '; ;..,�� lye"`;; -fli:"j• i .:i! w•Jh'I:YY+k _. a. In a Residence District no.buildi . �•• shall• hereafter lies ��f erected or structurally altered to exceed thirty-five (35) .1 __ -, .. , .,-feet' i•n.height" oritwo.,and•.cne `half'"(22)'-stores; exceptrtt* provided in` Section 6., and 'except ,thst•�-dwelli.ng6 'onc lots..; con to ining over one . a cre, may' not 'exceed: forty-five :.'::feet, in -,height. ji .; a. b...: In a Business District or an;, Indu trial Di"strict no �` l,.1 t • buildingshall,be, erected 'or 'structually,altered' to exceed % three (3) stories- on" forty five (45)' f8et in'•height, -'except ; as. -provided in Section 6: Section 16. APPURTENANT OPEN"SPACEW .:No•yard,'- lot'areay,63`1- thers open space requirement for a building by this ordinance, shall during the .existence of•such"building be occupied by'or'counted as open space for another build ing, y ' �/ �o} n.� • •Y ,. I{• :.1 . •tl 4J �1.1 ,..1 .`.S ice+ 1. �-_�.^i;:a S'"1i S J I ri.t Aij W Section'17. DEFINITIONS: N!Iri this ordinand`d:)the"follow, ink' terms'?shall have.the meaning here assigned to them; uut; u.L -ura:..Lers ior Living. purposes shall be; prohibited within the territorial limits of 'the'toym except in such areas within, the said, 1LMI.ts 'as the Board of Selectmen may designate or in such� other areas as may be approvad by the Board. of Adjustment tqr. tfporaLm ry,_or emergencyhousing facilities. Section 13, The Board of , AdJustnent may, . upon Application I , direct the use of permits Or. a' 9 nonconfor�� temporary 1. I rary'u4e-of properties., in the event that the necessary 'safe *guards' such as bonding' . to;. be 'provided by the applicant -as well as confoman' ce to other requirements'are agreed to and provided by the applicant and further that the temporary period for which the permit is. granted does not exceed• a period of. one year, The Board of Adjustmentmayin unusual or special circumstances the period upon application for an additional temporary period, ' 4A-: .w.-A AND ARU'-"REQUIREIMENTS -Seciiort`14, -' YARD— 19 Lot -'Size and Frointa-geC a, In Residence Districts all buildings except building of accessory-l"u'sle sh , all ., be :erected up ia one-story on., rl;t having a frontage of at least,seyenty (70):feieta�nd,_'a a, lease 7 n area of at .9000 square feetj,' provided that one'building 'and its accessory may be erected an any lot 'which at. the -time this ordinance is adopted cannot be nkide-tO 'conform to the above requirements, be In Business Districts and. Industrial Districts, -all. buildings used for'residential purposes shall'.be located upon a lot having a - minimum frontage of 60 feet- and,a minimum area of 6)000 square feet., 'Provided that one building and its accessory buildings may-bp_erect ; ed-on,any,jot,which at the- time 'of this ordinance is.'a�qpE.ed'y,.qannot.,be I m,-1 de to conform to the above requfremehts. 2. Fro -wit Ev, .r, Front Yards s -,Oq a' Residence District' no building and its accessory- � 'uildinga nay -be erected' within'twenty *(20) feet of a street line.. Buildings 0_4. lots :streets shall Provide'the,re having frontage on 4uii-e:d-.f ' t" 'pn'bqtji_ ron yard. streets. Where front yards have - been e's tAii she'd '6rmay be established on.,each-of two intersecting. streets, there shall be a fr'an tyar&on each strbet,of a 0 c mer lot;, SCE T i 20A.9Q �4s t'thCo. �G 1OticT Srr��/aGeGri�nce 00 �rh Tn°�s ngro W%r he ra a oeGri;�4 a`a ch the e,4n) 0Grh Gb a 9r°n l,q aor r9 set enC'oa/ 9� c h he on he r Oo� �rreerq 0Cffce9ro"'ng W �9 �S°o h sjs Con at /o c /oa paar St Or a/ , G la'° ti(y..✓ tii e s 2 o n s an do a/r�Oea s Co r3 gar e a�ne9e° g s S n ° So9� �eS��nas'o�?e,��a� Re rh /nceE. eq fro 6 e ton p rn';°ns ngt Q' ° f s o ec,� S t° sto� nrstnsson qen to th ao r e /t ° ag e t 9G Sr '_ ge s o e n feral IQ., Ne pp Co- /cep 0Oe- of.Le 's 120 +r� anf°9Garenrence ek, e f ". 1 ".to % �Oso s9 �0/e > Stara he e i�'n S /an rrGc are °he e�eacar a /7S e 9G; s tit n, t feetappr eel ie0 a fr g l O, Co 3a o�tey s r90�pfr0.1 RO aat he a fntan/rp a rrre �/n'b �og/ qj°,ngs sL, L,4/ 9r erat eOti e�in Of rs aoe 'on °n a T S°o ts2a6 q ana f S r 3 of, eGsto asso�e4, ?/ ts/t;ng So ea'Oer,�°nS n9tp e °f Gse°n prop CGW;th ss;o qe 20 th s n 9G n; e <iCr4�Lngeaeges/e/ehs�aO+S;,ry'G aanstor °Xoaa'o0 os;a oeJ+s/1f /R11�7 °000eepee af�et s�n s9 M 3q goCkR poco offo ite a Gr ?Stan �Ocq ea/of a 9 rat 6gG're p Q • A'n sera/ B pe,?/n,, toy sS W72s+2/T0�'s• son'4e92Gos0"nn hs'eo007L, aGtrhge° - nas lAreobGa;yoe� srceosPQ ; - ring reoCons o I,.A°easrGan0ecNrof h/n / ,oatfo r s/;ci'rerfeeft eO,nfcr�°etisttrGnine/tt�tgscs 92qa/ 0io�eLan/ r-- ,thct renW rhsrot9, e h thna;hWhgefo ehC�7 otb/2ertboaat9rpoO�ts;oo ;rilp- / y CharrryA th ?erot/in g ;ana qo aTe % tang a 9ar°ea/ rra°C, Co. sr C °n Barbara of ea i Sp nse rp once Qe. �r°Hate `vario °Gn fro ale ara so fre"7 p�;stryc � aare SP q Gt C s r a s fo e9Ge�e ptaba�r�b Open f str` per On ngt n a/ ec- ba ea�cwith sk j'o 9Ge o/? he AO os- ana n t 8 to St ; g str sea re f�the o sto con s /feet CIL, 9Gire� /7 49,5 age /e1t� ei rab0� t e r° ent 0 Sen- o e be r c e ro- 2166 aygateaa� a� n con Sf!c nga�ar ,e ea eap epreer �ber2> �/n'str r9o, ar;,,e 3) GERALD & MARY PEPIN - 9 RICHARD TERRACE Area zoned R-4 District. Section 25.00 Dimensional requirements, minimum side yard ten (10) feet. Both existing dwelling and screened patio have a zero setback. Existing 24'x 24' garage granted a variance 6/11/90. Due to a recent Vermont Supreme Court ruling, a sale of property that is in violation of local zoning laws breaches the covenant against encumbrances in a warranty deed, see copy of "Legal Corners." In 1989 Pepin constructed a garage on westerly portion of property. A survey by the neighbor resulted in the establishment of the property line and an encroachment of the garage. At the same time, the new property line created a zero (0) setback for the house. Mr. Pepin after removing the garage and a portion of the concrete slab constructed a swimming pool pump house (6'x 9') and a 12'x 20' screened patio without approval or permit. Applicant purchased the property in 1982. Driveway, house/garage were constructed in 1959, driveway located on westerly portion of lot. F, When house was originally constructed the minimum side yard was fifteen (15) feet. Mr. Pepin is marketing his property, without clearing up this matter any sale would be prevented. The City Attorney is of the opinion that Mr. Pepin did not create the setback problem with the house, the screened porch is another issue. SOUTH BURLINGTON ZONING BOARD OF ADJUSTMENT Findings in accordance with Section 4468 of the Pla4ning � Development Act (L) That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topograhical or other physical conditions peculiar to the particular property, and that the unnecessary hardship is due to such conditions, and not the circumstaAces or conditions generally created by the provisions of the zoning regulations in the neighborhood or district in which the property is located; (2) That to be use o f s hop y cacircumstances or co i tions , �C 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 ropert �,y; ( 3 ) Th4'su6h QGdxiec isai-y It frdship has- not been crea-£ed by the a pellant; ,,{� v (4) Thai/ 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; (5) That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the r �_ �s U? the .....,;.,r TPd.liAtlAnS and of leas, modification possible o� h ...... ing regulations the plan. 16.0 Appeal 9 Date Appellant Vote: Yes No = Sign L Use Reverse side for additional findings SOUTH BURLINGTON ZONING BOARD OF ADJUSTMENT Findings in accordance with Section 4468 of the Pla4ning Development Act (L) That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topograhical or other physical conditions peculiar to the particular property, and that the unnecessary hardship is due to such conditions, and not the circumstaAces or conditions generally created by the L 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; houae_ .e (3) That such unnecessary hardship has not been created by the appellant; { f ,. n ,� : n _ u^, rLA_Q_ - 'k-IX (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; --r � ! be +o � c - (5) That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the . least modification possible of t::c zoning regulations and of the plan. v'/i. Date Appeal t _ b Appellant Vote: Yes Tt No = Sign Use Reverse side for additional findings SOUTH BURLINGTON ZONING BOARD OF ADJUSTMENT Findings in accordance Vith Section 4468 of the Pla4aing 4: Development Act (1) That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topograhical or other physical conditions peculiar to the particular property, and that the unnecessary hardship is due to such conditions, and not the circumstaAces or conditions generally created by the L provisions of the zoning regulations in the nei hborhood or distr kt i which I e p oo�=-tir is 1 cated; -dQ (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 n c ssaxy to le reasonable use he pr rty rGG (3)t c JP4 " 20- -0 - ell unne a mar h dshi has not e n create y he appellant:, (4) That the var ance, if aut rized, 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 proper nor be<detrimentaV to the pu�r�c2 lfare�^ (S) That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the . least modifica possible of the zoning regula ons and of the elan., Ir / l�_ _- 4_2-i1ejCe2 _ /�/ Appeal t �� Date Appel Vote: use Reverse side for additional findings SOUTH SU14LINGTON ZONING BOARD OF ADJUSTMENT Findings in accordance %+ith Section 4468 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 topograhical or other physical conditions peculiar to the particular property. and that the unnecessary hardship is due to such conditions, and not the circumstaAces or conditions generally created by the L provisions of the zoning regulations in the neighborhood or district in which the property is located; -Ex Ls TJ �J 6 �J 9 ct n Cr w-- (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; ( oNS�sc�.�v w�tw 'iuui.iC 'CXi�sTNo Si.Yc 195�1 0 (3) That such unnecessary hardship has not been created by the appellant; WOT 3c,uLr 13' (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; �lowsa_ p4rL Puce 13L..DU 'L',4 47 ' GW 4OL4CC"[2 170 LS Y-J O T C 6AQ.Jc( e. (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. U- rWuur LrJaRIJ,-10E sa c Lx4 JY�L lw t'l._ Appeal t 3 Date 13 AppellAnt Vote. Y e s --_ o Sign �- lase Reverse side for additional findings SOUTH BURLINGTON ZONING BOARD OF ADJUSTMENT Findings in accordance with Section 4468 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 topograhical 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 L provisions of the zoning regulations in the neighborhood or district in which the property is located; (2) That gec u e'of such physical circumstan es- 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 ^>�� > y (3) That such unnecessar� d$hip 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 wpl fare; 1 All -V l (A/L, r s d : CiL t, ii.V / tom . �? c o� i ✓LF /C� L fJ` ! ` i,1 .( c� (5) That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modificatio ssible of the oning regulations and of the plan. 6t4..I� �I vy �i , )_ Date Appellant (�bi. a fi y Vote: Yes ZI.N► t ---� • kL) 1 14 1 ( vw l ✓V.. S ,mod- - C7 Appeal g No = Sign Use Reverse side for additional findings c c^,— 6"_ cM SOUTH BURLINGTON ZONING BOARD OF ADJUSTMENT Findings in accordance With Section 4468 of the Pla4ning 4: Development Act (1) (2) That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topograhical or other physical conditions peculiar to the particular property. and that the unnecessary hardship is due to such conditions, and not the circumstaAces or conditions generally created by the 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 or a u e of the property; ,,-a" -:�/ „Lw..� S'� a. S: ,fit-o-f fi'I/,lc�Z--,�._�-L � i .tc.a-. w/`-1 ._.stil�e'"..yl / .S /•�'�� (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 pr_opJCrty, nor be detrimental to the public wel fore ; (5) That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the . least modifica3kion possible of the zoning regulations and of the plan. Appeal Date Appellant Vote: Yes Use Reverse side for additional findings L LOT NO.4 O° 44 FeF��e r' r,c:�s o no VOL .11 PG ►2 t Afib' c ri o ScA G � ° 0 4o OT NO.6 t 0 f r`•_ aY; ;':,} FLAT.::-FSUFIVEY ,.pEr-iN FiICNAf+L T�RE�A�E ,L!F:!_.'vT. _ APPROVED 8V DR�VI By i �,•� I SCALE: W A.� Ivi3. _i1 f: 9 T 1-- — 'ts*' 1� 41 1r DRAWING NUMUER City of South Burlington Application to Board of Adjustment Date '7Z-'? a2 Applicant Owner, , Official Use APPLICATION # HEARING DATE FILING DATE FEE AMOUNT 101'12 If ZZ13J� Address Telephone # 20 Landowner Address Location and description of property , �� , � )&_ , , (17 Type of application check one: ( ) appeal from decision of Administrative 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). Also that hearings are held twice a month (second and fourth Mondays). That a legal advertisement must appear a minimum of fifteen (15) days prior to the hearing. I 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 following _� S in support of the application: Hearing Date 6 Signature o 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 Month and Date - � Appeal of a_'� seeking a from SectionO95 'Ov Day of Week to consider the following: Time 11 of the South Burlington Zoning Regulations. Request is for permission to /0000 i...-�-.�-`--�' �-� �- C1iQ-��e.�..r..�.rt..� �• �� -�-,-, �...�..�,--,ate. City of South Burlington Application to Board of Adjustment Date Applicant i Lt Official Use APPLICATION # HEARING DATE FILING DATE FEE AMOUNT Owner, , aqemk- Address 9 /.C�Li� Telephone # 4-2 - 6 72 3 Landowner Location and description of propert Type of application check one: ( ) appeal fro decision of Administrative Officer ( ) request for a conditional use (i/O 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 appear a minimum of fifteen (15) days prior to the hearing. I 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 /9 n The following documents are submitted in support of the application: Hearing Date Signature of 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 Month and Date Time Appeal of ,- / QelGa- Day of Week to consider the following: r seekingf �0. OU a /�,,L.��, from Section of the South Burlington Zoning Regulations. Request is for permission to A;4--) LLD Gt/ -4$ ram" FepIn hcuse no. 0 \' 104 J IF1 LOT NO-4 4, O D v. PcF� � z rVC-'CI1 Pv k512 Pc � Sc A ._.. OT N0.6 -- - FL AT. �. F�Ef'IN � F� �('EPTti N,�.� NARL;TERkAC'` 5C[\'1_.VT. SCALE: L•' I �, APPROVED BY l `�f A ,} DRAWN BY DATE: T 9 W. �{ PN qTf Ffl R Ec;.l__- DRAWING NUMBER