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HomeMy WebLinkAboutVR-98-0000 - Supplemental - 0794 Shelburne Road3) REXBO DEVELOPMENT, INC., - HEIDI BUSHWAY - AGENT - DATTILIO'S SUNOCO - 7 94 SHELBURNE ROAD Area zoned C-1 District. Section 25.00 Dimensional requirements sub -section 25.101 setback from Planned right-of-way - 50 feet. Existing r.o.w. 100 feet. Section 26.00 Non -complying structure - principal structure setback 45 feet. Section 25.107 Front yard buffer strip - 15 feet required, existing (0). Proposed construction of a 20' x 42' pump island canopy to within nine (9) feet of required front yard. Increase of 2 nozzles, 4 proposed. Curb cut on Lindenwood Drive may be issued under site plan approval by Planning Commission. SUNDCO � SUNOCO Response to Variance Criteria Dattilio's Sunoco Application 1. An application for variance has been made to allow for the re -construction of the fueling area and the construction of a service station canopy over the new gasoline fueling islands at the Sunoco at 794 Shelburne Road. The small size of the lot (20,840 sq.ft. in a zone that required 40,000 sq. ft. for commercial use), and the location of the existing service station (45' from the front property line) are the physical circumstances which restrict the location of the fueling area and create the hardship. 2. The property is an existing service station. Federal and State laws require that the underground tanks, piping and equipment be upgraded before the end of 1998. The front setback requirement for this property is 50 feet. It is not possible to re -construct any fueling area in front of the existing building which would be in strict conformity with the provisions of the zoning regulations, since the distance from the front property line to the existing building is only 45 feet. 3. The lot and service station were purchased from Sun Oil Company by W.A. Sandri, Inc. on July 6, 1976. The lot size, building, and fueling areas were pre-existing at the time of purchase and, as such, the appellant has not created the unnecessary hardship. 4. A variance for the proposed construction would not alter the essential character of the neighborhood, impair the appropriate use of adjacent property, or be a detriment to the public welfare. The service station is located in the commercial & industrial district, with several other service stations with canopies in close proximity. The proposed renovations would create an attractive and functional retail facility which is in keeping with the character of the surrounding district. The canopy would allow for installation of fire suppression over the fueling area, and would keep the area dry, thus reducing the likelihood of customers or vehicles slipping on ice or snow. 5. The proposed canopy has been designed to provide minimal functional coverage of the fueling area. The 8 1/2 foot overhang from the fueling island allows for 1 to 2 feet of distance between the island and the vehicle being fueled, 6 to 7 feet for vehicle width, and only 0 to 1 1/2 feet of protection from the elements for motorists exiting their vehicles. The new fueling islands and fueling pad would be moved back 3.5 feet further from the front property line than the existing island and fueling pad. The canopy size and location have been designed to require the minimum variance possible which will afford relief. P.O. BOX 1578 400 CHAPMAN STREET GREENFIELD, MASSACHUSETTS 01302-1578 (413) 772-2121 FAX NO. (413) 773-5049 (800) 628-1900 So, `h Burlington Zoning Board Of Ae* istment 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 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 0 so J'oo or district in which the property is located: �Wll MI MA (2) That because 6f such physical circumstances or conditions, *ere 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 vari •V (3) That such unn is they ore necessary to en hardship h�(s not becram the reasonable 4�e of�he prope by the app'el (4) That the variao6e, if authorized, will not,91t'er 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 �bedetrime al to the public welfar 5;e�-�n �-a (5) That the variance, If authorized, will represent the minimum variance that will afford relief and will represent the least de ' 'on possible of the zoning regulations andjrom the plan: Appeal #: `- ` Date: Appellant Vote: Yes Use reverse side for additional findings Sor`h Burlington Zoning Board Of Ad' fitment 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 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: (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: S c} t U+ - . a % (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 #: I I Date: &- 6- 9 6 Appellant: Vote: Yes No Sign: ( Use reverse side for additional findings So,-`h Burlington Zoning Board Of Ac+' stment 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 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 i� 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: (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: Appellant: Vote: Yes No Sign: �- Use reverse side for additional findings So, I Burlington Zoning Board Of Ae, fitment 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 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 OKnecessaVy 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- (5) That the variance, If authorized, will represent the minimum varianc6lhat,&ilrafford relief and will represent the least deviation possible of the zoning regulations and from the plan: Appeal #: �f} Date: / / — q O Appellant: Vote: Yes No Sign: A 0 r d' Z� 01 _/ 1�k - I Use reverse side for additional findings So- "i Burlington Zoning Board Of Ae' Stment 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 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 ci 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) Tha, JU\�11 UI 11 I1Z;I,G00Q1 Y 1 101 U01 IIFJ 1 [MJ 1 IVl UCCI I U CdICU Uy if le appellanu (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. - Appellant: Vote: Yes ,;f�_ No Sign: Use reverse side for additional findings So, '� Burlington Zoning Board Of Ar" tment 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 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: n v (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 authgr�ation of a variance is therefore necessary to enable the reasonable use of the property: G (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: (5) That the variance, If authorized, will represent the minimum variance that will afford relief and will representtheleast deviation possible of t/f Appeal #: L t zoning regulations and from the plan: Date: Appellant: tv 6Atl" (40(41� Vote: Yes No Sign. - Use reverse side for additional findings #3 Appeal of Hexoo Development. Heidi Bushway, agent seeking a variance from Section 25.00 Dimensional re- quirements, sub section 25.101 setbacks & Sec- tion 26.00 Non complying structures of the South Burlington Zoning Regu- lations. Request is for permission to construct a 20'x42' pump island can- opy to within nine (9) feet of the required front yard, located at Dattilio's Sunoco, 794 Shelburne Road. SOUTH BURLI GTN ON ZONING NOTICE In accordance with the #4 Appeal of City of Bur- South Burlington Zoning lington, Attorney Joseph, Reggulations and Chapter Farnham agent, from a 117, title 24, V.S.A. decision of the Assistant South Burlington Zoi nthe ngg Administrative Officer in Board of Adjustment will vowing the use of the hold a public hearing at property located at 1150 the South Burlington Airport Drive. Municipal pa Offices, Con- ference Room, 575 Dor- Appeal HCA Air - set Street, Soth Burling- I crr aft Services, es, Eric'' u ton, Vermont on Monday. Knudson, agent seeking May 11, 1998 at 700� a variance from Sections P.M. to consider the 16.10 Permitted uses: following: and Section 26.00 Non: conforming uses, sub-' #1 Appeal of Champlain section 26.004 change of Water District, Richard use - Section 26.65 Mul Pratt seeking a variance tiple uses of the South � from Section 25.00 Di- 11 Burlington Zoning Regu- mensional requirements lations. Request is for of the South Burlington t Permission to occupy an Regulations. Request is existing 28,300 square for permission to con - foot structure with gen- struct a Tx15' trans-,' q eral office use (15,000 former to within thirty_ I a square feet) - warehous- eight (38) feet and a 28 ing and airport LFGAL � � NOTICES MMINU 47 �Ppeal of Brian Wax- er seeking approval from Section 29.007 District boundary line ex. tension of the South Bur- t lington Zoning Regula- tions. Request is for Permission to extend the commercial district boundary line fifty (50) feet easterly to comply with a setback's and landscape g (screen- ing) requirements as set- orth under Section 25.108 Residential buffer strip, located at 1242 Shelburne Road. 47 Appeal of Willard and Lynne Nalchapan seek- ;ng a variance from Sec_ Ion 26.002 Alterations to 1on complying9 structures Section 3.102 Bounda- es of Conservation/0- en Space District of the .uth Burlington Zoning Regulations . Request is con- struct a 12 6x14.0 addi- tion to a single family dwelling located within the setback require- ments from Lake Cham- plain, located at 7 Austin orve. 08 Appeal of Michiaki Soya seeking a variance from Section 25.00 Di- tt�rtsional requirements of the South Burlington Zoning Regulations- Re- quest is for permission o construct a 10'x16' deck to within twenty - No (22) feet of the re- ulred front yard located t'87 Brewer Parkway. masnte out screening wall to Richard Ward, nance uses (13,000! within thirty-three (33) i Z ing Administrative square feet), located all feet of the required front O ter the former "Air North i yyard, located at the Peter Hanger ', 1150 Airport L. Jacob Water Treat- I A sl 25 1998 Drive. ment Facile 403 City Park Road, Oueenif #2 Appeal of Rexbo Development, Inc., Heidi I Bushway, agent seeking a variance Prom Section 25.00 Dimensional re- quirements sub -section 25.101 ssetbacks & Sec- tion 26.00 Non complying structures of the South Burlington Zoning Regu- lations. Request is for Permission to construct a 20'x42' pump island can- opy to with' seven (7) feet of the required front yard, located at Cham- plain Valley Sunoco, 1143 Williston Road. City of South Burlington Application to Board of Adjustment Official Use APPLICATION # HEARING DATE FILING DATE Applicant IFEE AMOUNT — Ushwo.. Owner, leases ent ReXIDO Dcutlo 4 *x ( Address P.O. &x 157 �Gt`c'e €j �l U130ZTelephone # Landowner Rexloo fleve �opoNGhE- Address P.�.'�3oX I576 41f_cenF 1 e 4� , MA- d130Z Location and description of property 5Ur0Co 5V)e_k pU( n �()OLCL Type of application check one: ( ) appeal from decision of Administrative Officer ( ) request for a conditional use (VII 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 Ar C \e 2 Reo T— Reason for r appeal We Qr�s ~\4 iv�CL Va'r ►o1Yncc 9f 1 iy� ilve roril rd e lc �e ► - y '� rd cr o r ac - >^ vC � t vA SyS i erI GhC4 ConS-1(`ur-4 a Sef-Vic- e $�G. i0r1 C0.rr\pP The fol owing documents are submitted in support of the applic4tion: Si'%r Pko' liT ar nn Dat p ginnat»ra of Wnnallant -r 7 Rd, a-1 A4244�, oe,.� O �.t> wad/ eoll ll, L4.., act..