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Home My WebLink AboutZB-89-0000 - Supplemental - 0916 Shelburne RoadAugust 26, 1989 Mrs. Helen Irish Mr. Palmer Irish 7 Lindenwood Drive South Burlington, Vermont 05403 Dear Mrs. Helen Irish and Mr. Palmer Irish, Having just found your letter dated August 7, 1989 concerning our common boundary line, I want to respond to it immediately. You must have given the letter to my son while I was out of town and this is the first time I have seen it. I drove a copy of the letter over to my surveyor, Mr. Warren A. Robenstien, and he said that he would be happy to discuss his findings with you in his office. He also said that you should hire your own surveyor to survey your property if you feel his findings are not right. In your letter you said and I quote, "by the stroke of a pen you have arbitrarily taken some of our property from us on our westerly sideline." I assure you that I do not want any of your property. I know nothing about surveying and that is why I hired Mr. Robenstien, a Registered Licensed Surveyor, to survey the property. You also mentioned that you could not find the iron pipe on the southeast corner of my lot which is also the southwest corner of your lot. Mr. Robenstien said there was a marker there when he surveyed the property. You also asked me if I knew where the marker went, and the answer is no, I do not know where it went. In fact, I did not even know it was missing. All I want is for you to have the property that is yours and for me to have the property that is mine. I hired Mr. Robenstien to survey my property and the only way I feel that we can resolve this problem is for you to hire a registered licensed surveyor to survey your property, and if he comes up with a different answer, then the proper authority will have to resolve the discrepancy. In the meantime, if you want to contact Mr. Robenstien, he said that he would be glad to go over his findings with you in his office. His telephone number is 878-2359. You also requested that I do not install a fence until the boundary between your lot and mine is properly established and marked to the mutual satisfaction of both parties. I thought when we last talked that we both felt a hedge made a nicer divider between our properties so I have dropped the plan of installing a fence. I did however, plan to have the hedge filled in where the trees have either died or are thin. I am really sorry that we have had all these problems. It is so much nicer when two neighbors can get along amicably and I really feel bad about the problems we have caused for each other. Hopefully, everything will work out to the mutual satisfaction of both of us and we can enjoy the friendship we use to share. Since el�y, Chuck Perkins cc. City of South Burlington Zoning Administrator City of South Burlington Planning Administrator Z AN4 6 60M Wi �ku TP.4,16. 01 Ml Marlow tells the board there are 21 service stations in South Burlington, 7 with convenience stores. Mobil has 25% of the stations, and does 45% of the business in the area. Mobil is proposing to eliminate the bays in the garage and to expand the snack shop. There will be no changes outside of the building. They will sell usual convenience items, will not have a deli and will not sell grocery items. Mobil conducted a traffic study in three areas (survey done by outside firm of Lewellyn & Fitzpatrick) and found that stations with bays get more traffic those without bays (see traffic data sheet provided by Mobil). Convenience stores do a higher volume of gas with fewer trips in to the station. Blais mentioned that the board didn't get the traffic data. Ward supplied them with it. Randazzo doubted the accuracy of the traffic findings. Austin asked if Mobil owned the building. Marlow said no, they have a 4 year lease. They would like to purchase the land or get a longer lease. Marlow explained that insurance costs, obtaining qualified mechanics, and computerized technology in cars today contribute to an exorbitant cost factor. Convenience stores are a much cheaper alternative to a full bay garage. Mobil will restrict any vending machines outside the station. From the outside, won't see anything. Austin asked how the particular stations in the traffic study were chosen. Marlow said he chose Mobil stations because he could get exact gas volume data from Mobil, and he wanted Mobil Mart information. Blais told the board that their Primary concern in the past was that Gulf had wanted an additional bay, then additional storage area, and that Randazzo was worried about increased traffic because the bays still being there. Austin was still concerned about traffic problems, and asked about parking. Marlow showed on the site plan where specific parking places were designated. Blais called the appeal to question.. Unanimous granting of appeal. No 4 Tabled Perkins Appeal Tabled appeal of Charles Perkins (7/10/89) to convert two existing structures into three dwelling units, formerly :-ndenwood Inn, located at 916 Shelburne Road. Blais told the Perkins's that the members of the board were prepared to vote on the question. He said they are all aware of the problems this appeal presented and asked for comments and questions. Sid Poger asked why the appeal was tabled in the first place. Blais said that in the course of discussion about the appeal last time, rationale was lost. The table was to give everyone a chance to cool off. Ward said the formal warning to be voted on was an extension of nonconforming use (June 26th). It was rewarned for consideration for multiple use. So the vote is on multiple use and extension for nonconforming use: multiple use because the front building is used for retail purposes. It was first tabled to see what the Planning Commission would say about intent. Austin asked if the 3 residential units in an R-4 area would be a problem. Wade said no, since they meet density requirements. No Lindenwood curb cut would be needed. Neither density nor use is at issue. Austin asked Perkins the nature of the retail business. Perkins answered sportswear. Blais called appeal to question. Thibault wanted to know the original number and appeal date. Ward said June 26, 1989, Appeal #5. Blais announced the appeal was approved, 4 yes, 1 abstention(Chamberland). Negative vote must be recorded. 5,01d Business Thibault moved to accept minutes. Austin seconded. Unanimous approval. Thibault moved to adjourn. Austin seconded. Meeting adjourned at 8:30 p.m. d e tf 1 Clerk Cl SOUTH BURLINGTON ZONING NOTICE In accordance with South Burlington Zoning Regula- tions and Chapter 1 17, Title 24, V.S.A. the South Burling- ton Zoning Board of Adjust- ment will hold a public hearing at the South Burling- ton Municipal Offices, Con- ference Room, 575 Dorset Street, South Burlington, Vermont on Monday, June 26, 1989 at 7:00 p.m. to consider the following: # 1 Appeal of Paul and Carol Landed seeking a vari- ance from Section 19.00 Non -complying structures on 18 and Secti.00 Dimen- sional requirements of the South Burlington Regula- tions. Request is for per- mission to construct a 13' x 25' addition plus an attatched 16' x 24' ga- rage. Convert existing 16' x 24' garage into living area, on a lot con- taining 18,000 square feet located at 1399 Air- port drive. 42 Appeal of William and Anna Wilson seeking a variance from Section 1.80 Non -complying structure, alterations of the South Burlington Reg- ulations. Request is for permission to construct a 30' x 30' addition to a structure which is non- complying to dimensio- nal requirements, lo- cated 2-4 San Remo Drive. #3 Appeal of David Gravelin and Carol McDowell seeking variance from Section 18.00 Dimensio- nal Requirements of the South Burlington Regula- tions. Request is for per- mission to construct an 8' x 10' porch to within twenty four (24) feet of the required front yard at 16 Wright Court. 44 Appeal of Francis Abair and Mary Reilly seeking a variance form Section 18.00 Dimensional Re- quirements and Section 19.00 Non -complying structures of the South Burlington Regulations. Request is for permission to construct a 24' x 36' second floor, plus a two story 20' x 20' rear ad- dition, converting a sin- gle family unit into a two family dwelling on a lot containing 14,250 square feet with seventy- five (75) feet of front- age, located at 160 Pat- chen Road. #5 Appeal of Charles and Janet Perkins seeking a variance from Section 19.65 Multiple uses and Section 19.00 Non -com- plying structure altera- tions of the South Burlington Regulations. Request is for permission to convert two existing structures into three dwelling units on a lot containing approxi- mately 1.6 acres, in con- junction with a retail use, formerly occupied by the Lindenwood Inn, located at 916 Shelburne Road. Richard Ward Zoning Administrative Officer June 10, 1989. p M _�-^.. n emu.• ,.. City of South Burlington 575 nORSET STRFFT SUU I H BURLINGTON, VERMONT 05403 PLANNER 658-7955 August 17, 1989 Alpine Shop 1184 Williston Road South Burlington, Vermont 05403 Dear Chuck: ZONING ADMINISTRATOR 658-7958 Be advised that the Zoning Board of Adjustment has granted your request to continue your request for a zoning variance. The Board will take final action on your request on Monday, August 28, 1989. If you have any questions please don't hesitate to call me. Very truly, Richard Ward, Zoning Administrative Officer RW/mcp Hx 1184 SOUTH WILLISTON ROAD, SOUTH BURLINGTON, VERMONT05403 PHONE 802/862-2714 ~' August 3, 1989 Dick Ward Zoning Administrator City of South Burlington South Burlington, Vermont 05403 Dear Dick; Having discussed your telephone conversation with Chuck last evening,we have decided that due to personal and financial considerations, we need to concentrate on the commercial portion of our property at 916 Shelburne Road at this time. We would like to request not to be included on the warning for the August 14th Zoning Board meeting. Thank you very much for your consideration. Cordially yours, Jann Perkins - ------- -- - OF" ,a 0 Gs..L A6 - 4t,*41:07 lo� e �� zt,� ", �,' ..,f�,.•�,,�� ,„�....m..� �iI`-''c"" �.,��".,,�1 ::�"' Gam^.-. -.�, -,.."��"'!'`��,��,-t..,.,�,��t•�C".� .-"�-•Gat--�G,.� ;: °' .,-,�.�'1�-� f-:�..,e._,.� ...,�.�:.�..r City of SouthBurlington 575 DORSET STREET SOUTH BURLINGTONNERMONT O5403 PLANNER 658-7955 June 12 1989 Mr. Charles Perkins 80 South Cove Road Burlington, Vermont 05401 Re: Zoning application Dear Mr. Perkins: 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 on Monday, June 26, 1989 at 7:00 P.M. to consider your zoning appeal. Please plan to attend this meeting. Very truly, Richard Ward, Zoning Administrative Officer 1 Encl RW/mcp SOUTH BURLINGTON 1 ZONING NOTICE In accordance with the South 'Burlington Zoning Re lotions and Chapter i ' l 17 Title 24, V.S.A. the South Burlington Zoning Board of Adjustment wi hold a public hearing at the South Burlington Municipal i Offices, Conference Room, 575 Dorset Street, South Burlington, Vermont on Monday May 22, 1989 at 7:00 P.m. to consider the following: #1 Appeal of Kenneth Smith seeking approval From Sec- tion 19.65 Multiple uses and Section 13.20 Conditional uses of the South Burlington Regulations. Request is for permission to occupy on. existing structure with a, maximum of four uses, i.e. general contractors, whole- sale establishment, storage and distribution facilities. Building contains 7200 square feet located on a lot containing 41,400 square feet, at 81 Ethan Allen Drive. #2 Appeal of Mark Hill, William Yandow agent seeking approval from Sec- tion 12.20 Conditional use - sub section 12.225 auto -I. motive repair and service of the South Burlington Regula- i tions. Request is for permit. ' sion to operate an outobody repair shop in conjunction with existing au- tomotive services, on a lot containingg 1.14 acres lo- cated at 5 Green Mt. Drive. #3 Appeal of Shirley Bow - ley seeking a variance From Section 18.00 Dimensional requirements and subsection 18.105 of the South Burling- ton Regulations. Request is for permission to construct a single-family dwelling on a lot contaning 5,662 square feet with 81 feet frontage to within fifteen (15) feet of the required front yard and approximately fifty (50) feet from the center line of Po- tash Brook, located at 106 Central Avenue, #4 Appeal of Charles Janet Parkins seeking a va- riance From Seciton 18.00 Dimensional reqquirements and Section 18.113 dwell. 11i viunuurds vi i6o s wwii Burlington Regulations. Re- quest :Is for pe"ission to convert two existing struc- tureti into three dwelling �{ units, lot in question contains 15,282 square feet formerly occupied by the Linden - wood Inn. Proposed units are sub standard to mini- mum dwells size. Parcel in question being part of the • Lmdenwood Inn property, located at 916 Shelburne f Road. t 005 Appeal of Richard Grocey seeking a variance From Section 11.10 Per- mitted uses and Section 19.65' Multiple uses of the South Burlington Regula- tions. Request is for permis- sion to display a maximum of two power boats on a temporary basis in conjunc- tion with an existing retail use, located at 1336 Willis- ton Road. 1 06 Appeal of Donal Bevins I seeking a variance From Section 18.00 Dimensional requirements of the South { Burlington Regulations. Re - I quest :s for permission to f construct a 24' X 24' at- tached garage to within six- teen (16) feet of the rear yard, ai 50 Sherry Road. 11 Richard Ward, �oning Administrative { Officer May 6, 1989. PERKINS, Charles & Janet 916 Shelburne Road Request has not changed. Rewarned to include Section 19.65 Multiple uses. L`} Both myself and the City Planner agree that 75 feet of the lot is zoned R-4 District balance within C-1 District. Planning Commission has approved the addition plus use of first floor for retail sales. Appeal of May 22, 1989 still tabled (suggest removal of appeal tabled and withdrawn from Section 18.00 dimensional requirements). R-4 area 75' x 254.7' = 19,1025 square feet. C-1 area 206' x 254.7 = 52,324 square feet. 2 City of South Burlington Application to Board of Adjustment Official Use APPLICATION # HEARING DATE Date Applicant Owner, leasee, agent FILING DATE FEE AMOUNT Address Telephone # Landowner Address Location and description of property 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 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 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 support evidence to the Board. Hearing Date Signature of Appellant Do not write below this line SOUTH BURLINGTON ZONING NOTICE In accordance with the S:.uth Burlington ZiGning Reguia`:.ions 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 S seeking a from Section ��• GSA �-w� el of the South Burlington Regulations.- Request is for permission to G✓ � CZ. /L!� a �t� Official Use APPLICATION / City of South Burlington ` Application to Board of Adjustment Date Applicant C1nGries } ,`-} �` rk"` Addresso rll—wn—e-Fl leasee, agent Telephone # t3(ogL `-7a94- HEARING DATE FILING DATE FEE AMOUNT T 1 # Landowner Address e Location and description of property �•�� wac ( ) appeal from decision of Administrative Type of application (check one Office ( ) 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 advertisment must appear a minimum of fifteen (15) days prior to the hearing. I agree to pay a hearing fee which is to off-se.t 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 support evidence too the Board. 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 k (month an Appeal of ate at Time (Day of wee ) to consider the following: seeking a / from Section /'l / �♦ r C.L.r ry„Yl•�i•1' of the South Burlington Regulations. Request is for permission to _.� l%� City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 TEL. (802) 658-7953 OFFICE OF CITY MANAGER CHARLES E. HAFTER May 16, 1989 Mr. Fred Blais, Chairman South Burlington Zoning Board of Adjustment South Burlington, Vermont 05403 Dear Fred: At the regular meeting of the South Burlington City Council on May 15, 1989, the Council received the Agenda for the Zoning Board's May 22nd meeting. This le ter°mosses on the comments of the Council reference two of the Agenda items. ti tem 4 requests permission to convert two existing structures into tom,.,, elling units. The proposed units would be sub -standard in minimum dwelling size. Please be aware that the Council did not approve the Zoning amemdment to lower minimum floor size standards for multi - units at its May 15th meeting. Therefore, the current standard still applies. Item 5 - creates two concerns for the City Council. They have a concern over the use of property and a special concern over possible violation of the sign ordinance. Please share this information with the entire Zoning Board of Adjustment. Sincerely, Charles Hafter City Manager CH/b CC: Dick Ward, Zoning Administrative Officer PERKINS, Charles 916 Shelburne Road Area zoned R-4 District. Balance of lot C-1 District. Section 18.00 Dimensional requirements. Minimum lot size for multi -family 6,000 square feet per unit with 120 feet frontage 1p 12,000 square feet. with 85 feet frontage for two-family unit. Property divided by district boundary - area located within R-4 District 60' x 254.7 = 15,282 square feet - balance 215' x 254' located within C-1 District. Two structures located within R-4, prior use motel units. Proposed convert one building (carriage house) into a two-family. unit and other (chalet) into single-family unit. Balance of lot and existing Lindenwood Inn to be used for retail. Section 18.113 dwelling standards carriage house contains 1378 square feet, chalet contains 4tk.Q square feet - minimum 864 square feet. cASI?-,- LA�A Lks.o- (�u %\)LIA-9 kC) r,-a , OW %A��d vI ,.r,G �- ;'JLQ� -\o�SY.;aNu.OD 1-7 - -� 1 cz c+�� ra,6Tu C��h-bL8 Sa'l��S '!��J�✓� e�Fl , ell'* City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 May 8, 1989 Cha les F-rJ<_ii.ti 80 South Cove Road Burlington, Vermont 05401 Re: Zon.;.ng application Dear Mr. Perkins: 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 on Monday, May 22, 1989 at 7:00 P.M. to consider your zoning application as stated on the enclosed legal notice. Please plan to attend this meeting and to make a oral presenta- tion addressing the criteria as stated on the attached pink sheet. Very truly, Richard Ward, Zoning Administrative Officer 2. Encls RW/mcp June 26, 1989 Graphic Services Attn: Paul Wamsganz P.O. Box 5219 Essex Jct., Vermont 05452 Re: Lindenwood Inn Stormwater Review Dear Paul: I have reviewed your latest plan for the Lindenwood site plan that has been amended to include retention ditches for the collection and dispersal of stormwater. Notation should be added to your plan to identify the various drainage areas that are referenced in calculations that are attached to this letter. Based on my analysis the retention ditches will be sufficient to accept runoff from a storm with more than a 10 year fre- quency. Additionally, excess runoff, should it occur, can be managed by overland flow. Feel free to contact me if you have any comments or ques- tions. Regar , Joh H. Stuart, P.E. JHS/eps CIVIL 8 ENVIRONMENTAL ENGINEERS P.O. BOX 367, ESSEX CTR., VER"sONT 05451 TELEPHONE 802 • 878 • 5171 JHSTUART PO BOX 367 ESSEX, VT 05451 SHEET NO. OF CALCULATED BY DATE CHECKED BY DATE_ SCALE. JHSTUART June 26, 1989 Graphic Services Attn: Paul Wamsganz P.O. Box 5219 Essex Jct., Vermont 05452 Re: Lindenwood Inn Stormwater Review Dear Paul: I have reviewed your latest plan for the Lindenwood site plan that has been amended to include retention ditches for the collection and dispersal of stormwater. Notation should be added to your plan to identify the various drainage areas that are referenced in calculations that are attached to this letter. Based on my analysis the retention ditches will be sufficient to accept runoff from a storm with more than a 10 year fre- quency. Additionally, excess runoff, should it occur, can be managed by overland flow. Feel free to contact me if you have any comments or ques- tions. Rega John/H. Stuart, P.E. JHS/eps CIVIL & ENVIRONMENTAL ENGINEERS P.O. BOX 367, ESSEX CTR., VERMONT 05451 TELEPHONE 802 • 878 . 5171 JHSTUART PO BOX 367 ESSEX, VT 05451 L i •� F.V W o v JOB /�y,(1 - ------ SHEET NO. 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Burlington, Vermont 05403 Dear Dick: This letter is to reiterate our telephone conversation asking that our request for our Lindenwood property that would be presented this coming Monday July loth be postponed until August 7th. I am sorry to ask on such short notice, however we will be out of town due to the impending death of my mother in Warner Robbins, Georgia. We are going to be away making funeral and family arrangements. Thank you for your consideration. Cordially yours.., Jann Perkins SOUTH BUBLINGTON 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 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; (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 property, nor be detrimental to the public welfare; Za/i // /1 n fi 44 e -C <�eovcC,,ors-Y- Gy I ✓'t ICY Q�e von+ se NIA„ (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 t h e plan. GYJis► ;..-. ate... 1/=e +-, " c< Appeal # Date Jc�rl� Appellant Vote: Yes No = Sign Use Reverse side for additional finding