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Home My WebLink AboutVR-95-0000 - Supplemental - 1030 1048 Shelburne RoadSHEARER MOTOR COMPANY, LTD d.b.a. Shearer Oldsmobile, Pontiac, Cadillac David White, Agent 1030/1048 Shelburne Road Area zoned C-1 District. Existing uses, automobile sales & service, repair shop (auto body shop) and personal service (photograph shop). Existing automotive use non -conforming within C-1 District. Section 13.20 Conditional uses, Conditional within C-2 District, automobile sales & service & automobile rental. Section 12.109 permits personal service, photograph processing allowed within C-1 District. Section 26.00 Non -conforming uses and non -complying structure extension. Property also non -complying to Section 25.00 Area, density & dimensional requirements. Proposed use automobile rental in conjunction with automobile sales/service. Section 26.65 Multiple structures & uses, property merged and therefore non -conforming. 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, June 26, 1995 at 7:00 P.M. to consider the following: Appeal of Shearer Motor Company, Ltd., David White agent seeking a variance from Section 26.00 Non conforming uses sub -section 26.003 extension of the South Burlington Zoning Regulations. Request is for permission to operate a automobile rental agency from an existing 24'x 37' structure in conjunction with a automobile sales and service business d.b.a. Shearer Oldsmobile, Pontiac, Cadillac, on a lot containing 3.06 acres, located 1030- 1048 Shelburne Road. Plans are on file with the South Burlington Planning and Zoning Office, located at City Hall, 575 Dorset Street, South Burlington, Vermont. Richard Ward, Zoning Administrative Officer June 101 1995 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 June 12, 1995 Mr. William Shearer Shearer Motor Company, Ltd. 1030 Shelburne Road South Burlington, Vermont 05403 Re: Zoning Appeal Dear Bill: ZONING ADMINISTRATOR 658-7958 Be advised that the South Burlington Board of Adjustment will hold a public hearing at the Municipal Offices, Conference Room, 575 Dorset Street, on Monday, June 26, 1995 at 7:00 P.M. to consider your application 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 feel free to call me. Very truly, �� Richard Ward, Zoning Administrative Officer RW/mcp Encl cc: David White Z101MING ACTICE i In accordanco llitn' South Burlington Zoning Re uiations and Chapter 117 Title 24. V.S.A. the l South Burlington Zoninq Board of Adjustment will hold a public hearing at the South Burlington Mu- nicipal Offices, Confer- ar,Ce Room, 575 Dorset 1, continued l,lext Column LEGAL NOTICES I Street Burlington, Vermont on June 26. 1995 at 7:vQ PM to consider the fojiowirLg: Appe3i of Shearer Motcr Co Ltd., David White fr ag;nt section 26.00ing 3 var!3ncNon G mconforming uses sub -sec- tion 26.003 extension 01 the South Burlington Zon- ing Reguiations. Request is for permission to oper- ate an automobile rental ageric from an existing 24, x371 structure in con- junction with an autobile sales and service busi- ness d.b.a. Shearer Old- smobile, Pontiac, Cadillac, on a lot , containir 0 acres, located 10a 1048 Shelburne Rd. Plans file with the South n " are orl�ngton Planning and Zoning'Offic, lo- cated at City Halel, 575 i Dorset Street, South Bur- lington, Vermont. Richard Ward, Zoning Administrative Of- ficer June 10, ill(5_ r A G E N D A South Burlington Zoning Board of Adjustment City Hall Conference Room 575 Dorset Street South Burlington, Vermont Meeting @7:00 P.M. June 26, 1995 1) Appeal of Shearer Motor Company, Ltd. David White agent seeking a variance from Section 26.00 Non -conforming uses, subsection 26.003 extension. Request is for permission to operate an automobile rental agency from an existing 24'x37' structure in conjunction with an automobile sales and service business, d.b.a. Shearer Oldsmobile, Pontiac, Cadillac on a lot containing 3.06 acres, located at 1030- 1048 Shelburne road. 2) Consider adoption of Bylaws for Zoning Board of Adjustment. 3) Minutes & findings of June 12, 1995. Respectfully submitted, Richard Ward, Zoning Administrative Officer STITZEI, & PAGE, P.C. ATTORNEYS AT LAW 171 BATTERY STREET BURLING'I'ON, VERNIONT 05401 STEVE.N F. STITZI-A, PATTI It. PAGE'- NIARK B. WARD• DANIEL T. LEWBART I*A I.- AUN PPfF.0 1N N.Y.) Mr. Raymond J. Belair City of South Burlington 575 Dorset Street South Burlington, VT 05403 Re: Val Preda/Bayview Pontiac Dear Ray: (802) 660-2555 (VOWE/TDD) FAX 1802) 660-1552 May 18, 1995 OF COUNSEL AItTHUIt W. CERNOSIA ROBERT E. FLETCHER You have asked whether the above property is considered one or two lots for zoning purposes. Based on 24 V.S.A. §4406(1), the Planning Commission's site plan approval of July 10, 1990, and the Drumheller case, it is our opinion that the subject property is considered one lot for zoning purposes. Pursuant to 24 V.S.A.§ 4406 (1), a pre-existing small lot may be developed even though it does not meet minimum lot size requirements. However, the lot must be in separate and non-affiliated ownership from surrounding properties on the effective date of the zoning regulation. In this case, the subject property has been in affiliated ownership since 1977, and therefore, the subject property fails to meet the statutory definition of "existing small lot." This conclusion is also consistent with Drumheller v. Shelburne Board of Adjustment, 155 Vt. 524 (1989). Furthermore, on July 10, 1990 the South Burlington Planning Commission granted site plan approval for the subject property so that Bay View Pontiac could expand its operations. Bayview Pontiac represented to the Planning Commission that the property was a one lot, three acre parcel, containing two businesses; Bayview Pontiac and Kwik Photo. Therefore, since site plan approval was based on this representation, Bayview cannot now claim the existence of two lots. Mr. Raymond J. Belair May 18, 1995 Page 2 I hope this letter is responsive to your inquiry. Sincerely, Daniel T. Lewbart DTL/smw SON525.opn #3384 Memorandum November 12, 1985 agenda items November 8, 1985 Page 2 1 •. 5) VAL PREP�% FOR BUDGET -RENT -A -CAR, 1048 SHELBURNE ROAD The applicant proposes- to use the lot resulting from the (lough Street relocation and land swap for Budget Rent-A-Car. The brick Montesori School building will be used as the rental office and a 65 parking space gravelled lot will be constructed. This use is prohibited in C-1; the Zoning Board has granted a use variance. Access: Access will be from the former Hough Street 50 foot right- of-way. The pavement width is 23 feet. Parking and Circulation: Sixty five spaces are shown; the 24 foot aisles meet our requirement and provide adequate circulation. Landscaping: A $270 landscaping plan is required. The applicant proposes $1500 including a continuation of the berm that starts at Perry's Fish House. The lot coverage is exactly 70%. Most of the green area is at the rear of the property along the Orchard School fence and at the front of the building. A new lawn will be planted along the northern property line after removing the concrete sidewalk. Traffic: This is in traffic overlay zone one. On this lot fourteen trips are permitted during the peak hour. The applicant projects 15 which includes 13 rentals, 2 used car sales and 1 employee trip. The applicant's information is based on observation at his similar facility on Airport Parkway. The closest ITE estimate for a comparable facility is the "new car sale" operation which produces 3 trips per employee or 4.5 per 1000 square feet of building area. Therefore, this particular business would generate 15 trips based on employees or 5 trips based on the building size. I would tend to believe the higher figure given this prime location. In any event, it is a close call. Other: See Goddette's and Szymanski's comments. 6)� SWETT,�1600 WILLISTON ROAD 1--�—f _- The applicant proposes a 2004 square foot, 1� story day care center on the lot at the corner of Mills Avenue. The 24 foot wide driveway will be approximately seventy feet from the corner, across from the driveway on the opposite side of Mills Avenue. This -Mills Avenue access is preferable to a Williston Road curb cut. /030 & 4!8 SAL ,6 Ao -?,,, at P7 .0004 City of South Burlington Application to Board of Adjustment Official Use APPLICATION # HEARING DATE Date 6/7/�5 Shearer Motor Co. LTD Applicant D/B/A Shearer Oldsmobile, Pontiac, Cadi] Ban c= 1easee , mpe= Address 1030 Shelburne Rd. Telephone # FILING DATE OU cFEE AMOUNT Landowner Peter Val Preda, Sr. /Peter Val PredaLTIAddress 700 Airport Parkway, So. Burlingtc Location and description of property 1048 Shelburne Rd. (former Kwik Photo building) Type of application check one ( ) appeal from decision of Administrative Officer( )request for a conditional use ( X ) 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 Section 26.003 - Extension of Non -Conforming Uses. Reason for appeal Seeking Approval for Auto Rental The owner or applicant should submi with this application (8 copies) plans, elevations, landscaping diag%&��ng ms t(drawn to scale) traffic data and any other additional information which Fill serve as support evidence to the Board. I , Hearing Date Eknature of Appellant ------------------------Do not write b ow this line -------- ------------------------------------ SOUTH BURLING'PON 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 ,�,.'/�, C e. Day of ,Week r at �•�Ud �/lt , to consider the following: ' Month and Date Tifne QQ 1 Appeal of �1 ��t.� � �Q ,2 � seeking a from Section ?_4- of the South Burlington Zoning Regulations. Request is for permission va SDunq $4,zzxvy ray SGNODl. DiSn?iCr ,, S/zl- 34,14 `,� �YNE2i �ETL� ✓4L /p.2EG24 - • � ,�,..►c Sys � �s;�' . � Co✓ J8% tj lD3DS�t?S$a Arezy 4zoa v i 6 �� s;. 4---► AIL- -TIACT SHE�1�EiERD�as,Po.,rri ' �o.� SHEC BURNE ✓OV" /, 19.9%&LV/5rb c7UNE let 1g9s RD fT 7 --� 5c.9c.E /'r.Co' o' Z& 4•0'