HomeMy WebLinkAboutVR-99-0000 - Supplemental - 0388 0400 Shelburne RoadMEMORANDUM
To: South Burlington Zoning Board of Adjustment
From: Richard Ward, Zoning Administrative Officer
Re: December 14, 1998 Agenda Items
Date: December 4, 1998
JOHN P. LARKIN - 388 - 400 SHELBURNE ROAD
Area zoned Commercial I District.
Section 25.00 Area, density & dimensional requirements.
Front yard setbacks:
Proctor Avenue 40 feet - proposed 30 feet
Shelburne Road 50 feet - proposed 22 feet
Coverage allowed 30% (Section 25.107) proposed YD1 42% and YD2 35%.
Proposed to demolish two structures and replace with a 50' x 90' one story building.
Existing setbacks:
Proctor Avenue 6 feet
Shelburne Road 21 feet
Lot size 21,400 square feet - frontage Shelburne Road 136 feet and Proctor Avenue 150 feet.
4
Q November 5, 1998
Mr. Dick Ward, Zoning Administrator
South Burlington Planning and Zoning
575 Dorset Street
South Burlington, Vermont 05403
In re: Request for variance, 388- 400 Shelburne Road, South Burlington Vermont John Larkin,
Larkin Realty, Applicant
Dear Mr. Ward,
I am submitting copies of a plan for your review. The plan illustrates a proposal to redevelop the
site of the former Emerald City Bedrooms store at 388 Shelburne Road. The project would call
for the demolition of all existing structures on the site and the construction of a new single story
retail store. The gross floor area would be the same or less than the existing structures. The site
currently does not comply with many zoning requirements. As an existing, non -conforming
structure, the building does not meet the setback or front yard standards for either Proctor Avenue
or Shelburne Road. The current site layout covers most of the Shelburne Road front yard and has
many curb cuts. The plan as proposed will require variances from the Zoning Board, but will
result in many improvements including reducing the number of curb cuts on both city streets,
improving green space on the site, and allowing for better building set backs. Therefore, Mr.
Larkin petitions the Zoning Board for a variance from the provisions of Article XXV, Area,
Density, and Dimensional Requirements of the South Burlington Zoning regulations as follows:
The unique physical circumstance of this lot is that the existing structures do not comply
with any of the provisions of the zoning ordinance from which the applicant seeks relief.
When the required setbacks are imposed on the lot plan, the resulting area is substantially
less than the aggregate area of the existing structures and well below the threshold of
economic feasibility.
2. A variance is needed to redevelop the property in a way that more closely conforms with
the regulations. Denial of the variance request would force the continued use of the
existing structure, thereby continuing the extensive non -conformity.
The conditions on this site existed before zoning was enacted in South Burlington, and
were not created by the applicant.
The variance if granted will not alter the essential character of the neighborhood. It would
not change the use of the site, nor would it expand or increase the use on the site. The
improvement in setbacks, the clean up of curb cuts, and reduction from a two story to one
story structure would all be positive improvements to the area.
City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
FAX (802) 658-4748
PLANNING
(802)658.7955
November 30, 1998
Mr. John P. Larkin
410 Shelburne Road
South Burlington, Vermont 05403
Re: Application Of Variance
Dear Mr. Larkin:
ZONING
(802)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 14, 1998 at 7:00
P.M. to consider your request for a zoning variance.
Please plan to attend this meeting and be prepared to address the enclosed review criteria. If you
have any questions, please don't hesitate to call me.
Very trul ,
Richard Ward,
Zoning Administrative Officer
RW/mcp
1 Encl
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 575 CDo f er-
ence Room,
et
Street, South Burlington,
IVermont on Monday,
December 14, 1998 at
7:00 P.M to consider the
following:
IAppeal of John P. Larkin
seeking a variance from
Section 25.00 Dimen-
sional requirements and
Section 25.107 Front
yard coverage of the
South Burlington Zoning
Regulations. Request is
for permission to demol-
ish an existing two (2)
story retail use structure
j and a residential struc-
ture and replace with a
4500 square foot one
story structure located
within twenty two (22)
feet of the Shelburne
Road front yard and
thirty (3o) feet of the
Proctor Avenue front
yard, front yard coverage
exceeds 30 Percent,
located at 388-400
Shelburne Road.
Richard Ward,
Zoning Administrative
Officer
November 28, 1998
Mr. Dick Ward
Page 2 of 2
November 5, 1998
If the board grants the variance requested, the resulting project will comply with the
Zoning Ordinance to a much greater degree than the existing non -conforming structures.
The resulting project will not exceed the area of the existing structures, will more closely
meet the setback and coverage requirements, and improve vehicle circulation both on the
site and in the public right of way.
I believe that a minimal accommodation on the part of the city will result in a much safer
intersection at Proctor Avenue and Shelburne Road. The project would more closely meet the
requirements of the Zoning Ordinance, and overall be more attractive. Please schedule us for the
next available Zoning Board Hearing so that we can determine the feasibility of this proposal, and
thank you for your help.
Ve our ,
Greg i eau
4vc �
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LIST OF ABBUTORS
ADDRESS:
NOW OR FORMALLY OWNED BY:
11 APPLETREE CT.
BLAIR AND JANE BROWN
21 APPLETREE CT.
ALICE MICHEL
23 APPLETREE CT.
FREDRICK AND BARBARA MCGEE
L WHITE PLACE
LINDA PROVOST
6 WHITE PLACE
RICHARD PEARL
40 SHELBURNE RO.
JOHN LARKIN
428-134 SHELBURNE RD.
AN F J%A?NµR FrAIG HEINDEL.
2 PROCTOR AVE.
MARRY AND HOWARD GROVER
1 PROCTOR AVE.
DAVID TAFT
MnANw:
TO tmm A■H,
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LOCATION MAP:
NOT TO SCALE
GENERAL INFORMATION:
STREET ACCRUES:
368-400 SHELBURNE ROAD
SOUTH BURLINGT 06109
OWNER OP RUCORC,
JOHN P. LARKIN INC.
410 SHELBURNE ROAD
SOUTH BURLINGTO61VT
APPLICANT:
JOHN P. LARKIN MC.
410 SHE.LBURNB ROADDy
SOUTH BURLINGT 06�{08
LOT INFORMATION:
LOT Sim
441 ACRES
2I.A0O 8P
LOT COVERAGE,
TYPE
ACTUAL
ALLOWABLE
BUILDING
4XO0 OF (21%)
6.420 EF (307.)
FRONT YDI
2,881 SP 142%)
2.0" OF (SO%)
FRONT Y02
2,018 SF (a6%)
1,800 SF (30%)
TOTAL LOT
13,180 SP (L4%)
11.180 SF 110%)
PARKING
28 SPACES
30 SPACES
GROSS SQUARE FOOTAGE OF BUILDING - 4.600 SF.
ZONING INFORMATION:
ONE,
COMMERCIAL 1 (CO PG. 21 PER XXV PG. 61
MINIMUM LOT SIZE,
40.000 OF COMMERCIAL / INDUSTRIAL
L,000 SF MULTIFAMILY
MINIMUM LOT PRONTAGU:
120' ( LOCAL STREET >
MAXIMUM LOT COVERAGE BUILDINGSY
ZS
9%% MULMTCOMIFAEMILY
RCIAL
MAXIMUM TOTAL LOT COVORAGU,
10% COMMERCIAL
40% MULTI -FAMILY
SETBACKS,
EIDE YAIM06, : 6g"
REAR YARD: L6'
SHEET NUM9ER
S P--11
DATE: 10/30/M18
l
leoloo�4vo (a) -
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4) JOHN P. LARKIN - 388 - 400 SHELBURNE ROAD
Area zoned C-1 District
New positioning of structure creates a rear yard of 55 feet.
Section 25.108 requires a minimum setback of 65 feet with 15 foot landscape buffer.
New front yard setbacks:
Proctor Avenue - 30 feet and
Shelburne Road - 20 feet
South Burlington Zoning: Board Of � isbn*nt
Findings In accordance with 'L.. on 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 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 whi the property is located:
(2y That beca,,(se of such physical circumstances or conditions, there in rf6 possibikly that the f ropers/
can be developed in strict conformity with the provisions of the zoning regulations and that the
aufterization ofa var' n is therefore necessary to enable the reasonabIwOse of the pr p
(3) jh�) suchynnedessary hardship ha n been Great 6/`bthe appellant:
(4) ThatAhe variance, if auth6ri2led, 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 adjacen� 'pro
p or be detrimental to the pub elfare:
�)
/IMII j 1i'/1,11 Jy i O_ //�A_, A v A , , j' n /lAy /1 ///✓.//J
(5) That the variance, If authorized, will represOnt the minimum variance that will afford relief and will
repent the least deviation possible of the zoning regulations and from the plan:
_ v
Appeal #: Date:
Appellant:
Vote: Yes No Sign:
Use reverse side for additional findings
South Burlington Zoning Board Of A -'stmwnt
Findings In accordance with 5,-Aion 4468 Of the Planing 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: c X t
(2) That because of such physical circumstances or conditions, there in 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 � � s-1C wV✓�Cv--
(3) That such unnecessary hardship has not been created by the appellant:
r
(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:
(5) That the variance, If authorized, will represent the minitYium variance that will afford relief and will
represent the least deviation possible of the zoning regulations and from the plan:
Vim_ n r �lZt VV\
Appeal #:
Appellant:
Vote: Yes
No
GA IC
Use reverse side for additional findings
Date: Z� 0-Z
Sign:
South Burlington Zoning Board Of I ' atmont
Findings In accordance with LAon 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 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 in 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:
r
(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, no/r/be detrimental to the public welfare:
��J► �1���Cit ,�GGn/YYL.r�- UAi.� �/L�.2-,�/.,,/"�/1Z'TT�/_� 8-
(5) That the variance, If authorized, will represent the minimum variance that will afford relief and will
represent the least deviation possible of t,� zoning regulations and from the plan:
Appeal #: Date: S �P
Appellant:
Vote: Yes
0- �.Inw,
No
Use reverse side for additional findings
Sign:
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Received Feb-27-98 05:48am 1 from 1 802 658 4748 --.> R page 1
FROM : City of So. B / FAX NO. 1 e02 658 4748 Nov. 23 1998 04:10PM P1
City of South Burlington Official use
APPLICATION
to Board of Adjustment
APPLICATION # //
Ii1;ARING DATE
FILING DATE 11 Z 6-1
FEE AMOUNT
CC
Name of appticant(s) l...ta tz L-1 �,\
Address _ 1 10 z:>u r n e 1 �t ' l)�ele hone # D S (5(() 9 ^�Ll Li 4
Represented by _ .(, j { t QL Ali
Landowner -11uh f-\ Lck-r L{ j Address /h e .
Location and description of property -:2� ' n,hef IJoV r
Adjacent property owner(s) & Address
Ty f application check one: ( } appeal from decision of Administrative Officer ( )request for a conditional use
( request for a variance
1 understand the presentation procedures required by State Law (Section 4468 of the Planning & Development Act). Also
that hearings arc held twice a month, (second and fourth Mondays). That a legal advertisement must appear a minimum of
iiitcen (15) days prior to the hearing. 189110 to pay a hearing foe which is to off -set the cost of hearing.
Provision of zoning ordinance in question
Reason Ibr appeal
---------------------------------------- -... ------............... ------........ *--C-_-------------------------- -............. ...-...
.........
----
SOUTH BURLINGTON ZONWO 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 Soul Burl' o unicipal Offices, Conference Room,
575 Dorset Street. South Burlington, Vermont on Monday, Z (7 t 7:00 P.M. to consider the
foiiowl,
Appeal of YO
seeking a j � �I t ��s —c from section C-)
of the South Burlington Zoning Regulations. Request is for permission to
-�j&-�ittre.,a.- G./ ��L.. C�S—o U �d Cy , �7�• Q-�2� . �v1 �.,�
�iC2��•c-��'..�,��' � � L.-��.e.s�+ (i(/�fL_t.e_.,v Lf/-�s-� � Lam/ O �'Z.Z� )( �2�
LIST OF ABBUTORS
ADDRESS:
17 APPLETREE CT.
21 APPLETREE CT.
23 APPLETREE CT.
6 WHITE PLACE
8 WHITE PLACE
110 SHELBURNE RD.
428-439 SHELBURNE RID
2 PROCTOR AVE.
9 PROCTOR AVE.
NOW OR FORMALLY OWNED BY:
BLAIR AND JANE BROWN
ALICE MICHEL
FREDRICK AND BARBARA McGEE
LINDA PROVOST
RICHARD PEARL
JOHN LARKIN
JEFF WAGNER, CRAIG HEINDEL,
AND JEFF NOYES
MARY AND HOWARD GROVER
DAVID TAFT
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING & ZONING
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
(802) 846-4106
FAX (802) 846-4101
.January 12, 1999
Mr. John Larkin
410 Shelburne Road
South Burlington, Vermont 05403
Re: Zoning Board Hearing
Dear .John:
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, .January 25, 1999 at 7: 00
P.M. to consider your request for a zoning variance.
Please plan to attend this meeting and be prepared to address the enclosed review criteria. If
you have any questions, please don't hesitate to call me.
Very truly,
Richard Ward,
Zoning Administrative Officer
RW1mcp
1 Fncl
City of South Burlington
Application to Board of Adjustment
Name of applicant(s)
Address
Represented by
Landowner
Location and description of property
Adjacent property owner(s) & Address
Official Use
APPLICATION #
HEARING DATE
FILING DATE
FEE AMOUNT
Telephone #
Address
Tvpc of application check one: ( ) appeal from decision of Administrative Officer ( ) request for a conditional use
( ) request for a variance
1 understand the presentation procedures required by State Law (Section 4468 of the Planning & Development Act). Also
that hearings arc 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 hearing.
Provision of zoning ordinance in question
Reason for appeal
Other documentation
Signature
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 Monday, at 7:00 P.M. to consider the
following:
/ Appeal of lox,,, --
�/ seeking a VQ ,4,0,i C.0-- from Sectio
of the South Burlington Zoning Regulations. Request is for permission to G�� D. •� ��
AZ- ZPA� - 4/00 6(
Srs4h Burlington Zoning Board Of � ',jetment
i
Findings In accordance with Secbw 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 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 physica
nces or conditions, there in 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 unnecessaryhardship has not been
A
P OG'��
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:
(5) That the variance, If authorized, will represent the minimum variance that will afford relief and will
represent the least deviation possible of the zoning regulations and from the plan:
Appeal #: Date: Z
Appellant:
Vote: Yes No Sign•
Use reverse side for additional findings
Somth Burlington Zoning Board Of t "vstmant
Findings In accordance with b.%:fion 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 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 in 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:
rM,
(3) That such unnecessary hardship has riot 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
dfevelopment of adjacent property, nor be detrimental to the public welfare:
(5) That the iariance, If a horize , will reprLkstent the minimum variance that will afford relief and will
represent the least deviation possible of the zoning regulations and from the plan:
Appeal #: Date:
Appellant: �.
Vote: Yes �- No Sign:
Use reverse side for additional findings
-- �''seal1
FROM : LRPKIH REALTY
FWJM : c! it y or Sc. B
PHONE NO. : 30'29640649
FAX NO. : 1 222 G50 4740
Jan. 11 1999 04:OOPM Pi
Jam- II 1995 04:!--"P'M P!
Uty W South bwanswn
Appi=oxk to Board of Adjp%mm
0MCI&I Vsv
APPLICATION 9
HF.,IAINODATE
FiLm, jm-rt,
FF-E AmoLtN-r -s -74 f:;,
NAMC OrApplica"t(s)
AA4r#rc-2.&y—I TWepbom b /VZL4L
W =7 - M
Location and descelpd= rot Fwav
t
7-6 "I'll I e-�(
Aiwa" prop"W
Type Cf applic-atiev chock on= C ) appwl fmm dwision of Adminismove Offiow itquest for i canditkmal uvc
I requat for a variswe
Undastnd dwproserWion plomdum required by State Law (Secdcm 4468 of the Flaming & Devaiopmm Acq. AM
*4t bavrnp am hold nvita a manth, (mond and fba-th Mombys), The & k,10 aa"mCrnpnt Tnvx appear e mitirnm of
lmotet tops ag A01 which is to �cast of bnxft,
Pmvislon of wmiAg ordinanoc; in Question
Aftuon for appeal
Other &Mmmtadon
Do m write be*� Lliig Lim
---------------------- — -----------
Mm- BuRLMI
in &,xorda= with the Smth Sv-6114ftm Zciliug RegkUdons and Chqtm' I I?, Title 24, V, S.A.. t1he South BuAmvron
Zoniag Rood of Adjustmant will ?mid a public h*arim at thus South tluraagtoh Mmidpal Offices, CCUfNvnft Ram,
5 75 Dorm Street,, Smin Bw1bigitm Vered0rit Oil MOMAY, %'7; 06 P-M, to ot=idef he
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LIST OF ABBUTORS
ADDRESS:
NOW OR FORMALLY OWNED BY.
Il APPLETREE CT.
BLAIR AND JANE BROWN
21 APPLETREE CT.
ALICE MICHEL
23 APPLETREE CT.
FREDRICK AND BARBARA McGEE
i WHITE PLACE
LINDA PROVOST
9 WHITE PLACE
RICHARD PEARL
110 SHELBURNE RD.
JOHN LARKIN
129-431 SHELBURNE RD.
AWg?NFg CR
AIG HEINDEL.NDJ
2 PROCTOR AVE.
MART AND HOWARD GROVER
9 PROCTOR AVE.
DAVID TAFT
MTANNNi
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LIGHTING PROVIDED
100 WATT HIGH PRESSURE SODIUM MOUNTED
�r ON AN 10' POLE
WALL MOUNTED INCANDESCENT FIXTURE
�1
IS S R E S I
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Jfi'1.Pa bIFFER
• M R T I I I Q 11 I p l l I I R _ _ — — — — — — — — — — — — — — — — + — —
('� RRlSTRM
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HILBUM
ROAD
LOCATION MAP:
NOT TO SCALE
GENERAL INFORMATION:
STREET ADDRESS,
3BB-100 SHELBURNE ROAD
SOUTH BURLINGTON, VT
06103
OWNER OP RECORD.
JOHN P. LARKIN INC.
410 SHELBURNE ROAD
SOUTH BURLINGTON. VT
06103
APPLICANT,
JOHN P. LARKIN INC.
110 SHELBURNE ROAD
SOUTH BURLINGTON, VT
06103
LOT INFORMATION:
LOT SIZE,
191 ACRES
21.400 8P
LOT COVERAGE,
TYPE
ACTUAL
ALLOWABLE
BUILDING
4.900 SP (21%)
6.120 SP ISO%)
FRONT YDI
3.146 SF 159%)
2.056 SP 130%)
FRONT Y02
2.22i SMA (Sl%)
IAOO SP 130%)
TOTAL LOT
11.322 SF ((.l%)
11.190 91- (10%)
PARKING
21. SPACES
30 SPACES
s GROSS SQUARE FOOTAGE OF BUILDING - 1.500 SF.
ZONING INFORMATION:
ONE.
COMMERCIAL I (CI) PG. 21 PER XXV PG. 6'I
MINIMUM LOT SIZE,
10.000 81' COMMERCIAL / INDUSTRIAL
COOO SF MULTIFAMILY
MINIMUM LOT FRONTAGE:
120' 1 LOCAL STREET )
MAXIMUM LOT COVERAGE - BUILDING!:
30% COMMERCIAL
20% MULTIFAMILY
MAXIMUM TOTAL LOT COVERAGE,
10% COMMERCIAL
10% MULTI -FAMILY
SETBACKS,
51 HN YApRD, 66'
R AR 7AROr i6'
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DATE. K)/50/M1E