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Home My WebLink AboutVR-91-0000 - Supplemental - 0020 San Remo DriveI City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 July 16, 1991 Attorney Richard Spokes P.O. Box 986 Burlington, Vermont 05402-0986 Re: 20 San Remo Drive Dear Dick: ZONING ADMINISTRATOR 658-7958 The use of 20 San Remo Drive has been a storage and distribution (tires and accessories) facility. To my knowledge, no retail sales was conducted from this location. Your clients are now requesting permission to operate a tire service center which is prohibited within the Central District area. The use of the property, storage and distribution or as a wholesale establish- ment was considered a conditional use under the Commercial Dis- trict 2 designation. When the City rezoned the area, those uses located on San Remo Drive became non -conforming uses. Section 19.00 Non -conforming uses and non -complying structures prohibit the change of a non -conforming use to another non -conforming use. Since your clients are requesting a change under Section 19.00, sub section 19.004, it is my opinion that their proposal is sub- ject to a zoning variance. Very truly, Richard Ward, Zoning Administrative Officer RW/mcp ATTORNEYS AT LAW 239 SOUTH UNION STREET P. 0. BOX 986 BURLINGTON, VERMONT 05402-0986 RICHARD A. SPOKES JAMES D. FOLEY RICHARD F PETERSON.JR. Mr. Richard Ward Zoning Administrative Officer 575 Dorset Street South Burlington, VT 05403 Re: 20 San Remo Drive Dear Dick: (802) 862-6451 (802)863-2857 July 12, 1991 TELECOPIER (802) 863-2859 Giles Jackson and Gordie Jarvis have asked me to communicate with you regarding their property at 20 San Remo Drive. They have owned the property for approximately eight years, and during that period of time utilized the premises for a mixed wholesale and retail operation. Tires have been their primary product, although they also deal in batteries, filters, anti -freeze and other automotive products. The greatest percentage of their operations has been wholesale related, although there has always been a retail component. They now desire to devote a larger portion of the premises to the retail tire business which would include tire installation, alignments and other services normally associated with a retail tire store. Fifty percent of the premises would continue to be used for the wholesale tire business. This property is located in Central District 3. The only permitted uses in the District are offices in existing structures, residential units and cultural facilities such as a museum. The District presently consists of wholesale and storage operations, automobile repair shops and similar uses. I don't think anyone, even a land use planner, would suggest that the uses permitted in this District are practical or feasible. We feel we have two nonconforming uses on the premises; wholesale and retail. A retail store is defined in Section 2.125 of the City's Zoning Ordinance as "a building or portion of a building where the principal activity is the offering of goods and/or services at retail cost." There is no question that the premises have been utilized to some extent as a retail store, as well as wholesale outlet. A mere increase in the volume of one of the uses (in our case, retail) does not constitute an unlawful extension nor a change of use. The only change which will be occurring is an increase in volume of the retail business, and conversely a decrease in volume of the wholesale business. The characterization Mr. Richard Ward July 12, 1991 Page 2 of the uses under the City's Zoning Regulations remains the same (wholesale and retail store) and we are not introducing a new use which, under the regulations, would be classified in a different use category. We therefore, request your determination that our activities will not constitute an extension of a nonconforming use. Very truly yours, Rich es RAS:mil CC: Giles Jackson Gordie Jarvis It"' 4OCrj BtIRLINOTOM ZOMI nce wRh the In accords R ula- South Buriingh p 117, tions and C Title 24, V.S.A.n mouth Burlington ' M will Odra of Adlustmed at the public outh Burlington Hence pal Offices, street, Boor, 575 DorsetVer- South Burlington. mont on Monday, pp- tember 23, 1991 at 7:00 p.m. to consider the fol lowing: 1) Appeal of. Economy inns Partnership, Kather- ine Blair, agent seeking ction approve uses sub0�On 13.217 DaY care centers Re he South Burlington rmtions- Request is for Pe care to opslon erate a day 20 center (approximately0iting children) from annto- single-famiiyy dwelli ton sated at 2004 W1 is Road. sO- 2 Appeal rd.J. Spokes, dates• seeking appproval fromi$ection 19.05 (;ondi tional uses sub sect 1��e of xtuse roof "� South Burlington Regula- tions. Request Is for a retailmis re businesto s 0 include aervice in oonlu'ction with existing business M dole sale establishment) shWholesalers, University Drive. 20 San Remo 3) pnpea1 of Randall Mun- r�arth Moving seeking son oval from Section 19�35 filling with earth th acts of the So urlington regulations. Request Is for permission to till a parcel of land an containsn� 95 acres to 3 average aapth of three ( ) feet. Parcel boated at 18'0 Williston Road. Richard Ward, n Of - Zoning Administ" five September 10, 1991. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER ZONING ADMINISTRATOR 658-7955 658-7958 September 6, 1991 Attorney Richard Spokes P.O. Box 986 Burlington, Vermont 05402 Re: Zoning Board of Adjustment Hearing Dear Attorney Spokes: Be advised that the South Burlington Zoning Board of Adjustment will hold a public hearing on September 23, 1991 at the City Municipal Offices, 575 Dorset Street, South Burlington, Vermont to consider your request for a Zoning approval. Please plan to attend this meeting. Very truly, Richard Ward, Zoning Administrative Officer 1 Encl RW/mcp .icial Use City of 5_ath Burlington Application to Board of Adjustment Date 8/30/91 Applicant. G J. ASSOCIATES Owner, leasee, agent c/o Richard Spokes, Esq. Address P.O. Box 986 Telephone # Burlington, VT 05402 Landowner G J ASSOCIATES APPLICATION # HEARING DATE FILING DATE FEE AMOUNT 863-2857 San Remo Drive Address South Burlington, VT 05403 Location and description of property 20 San Remo Drive - Devoted to wholesale and some retail of tires and related accessories Type of application check one ( ) appeal from decision of Administrative Officer( x )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 appeal 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 §19.056 Reason for appeal Change in percentage of premises devoted to retail (retail tire store) 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 support evidence to the Board. G ASSOCIATES L By: Hearing Date Signature of�A�ellant 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 Day of Week at to consider the following: Month and Date Time Appeal of seeking from Section '' _ �` fir^--.�.�, r,s -' of the South Burlington Regulations. 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