Loading...
HomeMy WebLinkAboutVR-80-0000 - Supplemental - 1048 Shelburne RoadJanuary 27, 1981 Gravel, Shea & Wright Ltd. Attorney Stephen Crampton P.O. Box 1049 Burlington, Vermont 05402 Re: Vermont Federal Savings & Loan Dear Steve. The request for a zoning variance for the above has been denied. The Zoning Board of Adjustment will issue formal findings at a later date. If you have any questions, please don't hesitate to call me. Very truly, Richard Ward, Zoning Administrative Officer Fw/Tncg cc: Mr. Peter Val Preda Vermont Federal Savings December 8, 1980 FrI, - ' Gravel, Shea & Wright Ltd. Attorney Stephen Crampton P.U. Box 1049 Burlington, Vermont 05452 Re: Vermont Federal Savinqs & Loan Dear Steve: Be advised that the South Burlington Zoning Board of Adjustment will holm a public hearing in the City Hall Conference Room, 1175 Williston ft)ad on D Monday, December 22, 1980 at 5:00 P.N. to consider the request of Vermont Federal for a zoning variance. � Very truly, Richard Ward, Zoning Administrative Officer RW'?mc9 cc: Mr. Peter Val Preda Vermont Federal LEGAL NOTICES SOUTH BURLINGTON ZONING NOTICE In accordance with the South Sur. Iinglon Zoning Regulations and Chapter 117, Title 21 V,S.A. the South Burlington Zoning Board of Adjust• ment will hold a public hearing of the South Bmlinuton City otfdres, Conference Room, 1175 Wlllltton Road, South Burlington, Vermont an Monday, December 21, 1980, at 5:00 p.m. to consider the following; I.ApOeai of Peter Val Predo and Ver- mont Federal Savings & Loon seek. Ing a variance, from Section 7.00, Permitted Uses and Section 13.00 Non -Conforming uses & structures of 'he South Burlington Zoning Regu- atlons. Request Is for permission to :onvert an existing single family Iwelling, containing approximately 88 square feet Into a branch bank acility, on q lot containing 21,870 Quote feet, Iocoted erne Road. of 1018 Shel• Appeal of Bossi Cement Products, 1C., John Bossi seeking a variance, 'am Section 11.I5, Multiple Uses nd Section 11.00 Dimensional re. ulrements of the South Burlington oning Regulations. Request is for ?rmisslon to Construct a single fam- V dwelling, 21418' In site on a lot 'esently Occupied by a dwelling iitibtock plant, lot containing aa. oximotely one acre, located at 209 hlte Street. ZoninRichard g Administtrativee Office, Kember ♦, I"o i CLARKE A. GRAVEL CHARLES T. SHEA LAWRENCE A. WRIGHT STEPHEN R.CRAMPTON STEWART H. McCONAUGHY ROBERT B.HEMLEY WILLIAM G. POST, JR. J OHN P. CAIN CRAIG WEATHERLY GRAVEL, SHEA 9 WRIGHT, LTD. ATTORNEYS AT L A W 109 SOUTH WINOOSKI AVENUE BURLINGTON, VERMONT 05402 November 20, 1980 Richard Ward, Zoning Administrator South Burlington City Hall 1175 Williston Road South Burlington, VT 05401 Re: Appeal of Vermont Federal Savings & Loan Association with Respect to Hough Street Propertv Dear Dick: P. O. BOX 1049 802-658-0220 Enclosed please find a Notice of Appeal and variance request with regard to the above -captioned matter, together with our check in the amount of $30.00 to cover the filing fee. Please schedule us on the next available agenda of the Zoning Board of Adjustment. Accompanying our application are plans depicting the proposed improvements to the property. Cordially, LEL, SHEA& WRIGHT, LTD. Stephen R. Cra ton SRC:ss Enclosures cc: Wiemann-Lamphere Architects NOTICE OF APPEAL SOUTH BURLINGTON ZONING BOARD OF ADJUSTMENT I hereby appeal to the Zoning Board of Adjustment for the following conditional use, variance, decision of administrative officer. Property Owner: Peter ValPreda/Vermont Federal Savings & Loan Association Property Location & Description: Corner of Hough Street and Shelburne Road - 21,600 square feet with an existing former residential building. Variance of Section: 7.00 and 7.10 (Article VII-Commercial I (C-1) (number) (Title of Section Basis of A eal: Request to operate a savings and loan association branch office in a C-I District where such an office is only permitted in a C-I District if contained in a PCD (Section 8.30). I understand the regular meetings are held twice a month on Monday at 5:00 p.m. at the City Hall, Conference Room. The legal adver- tisement must appear in the Burlington Free Press a minimum of fifteen (15) days before the hearing, I agree to pay a fee of $30.00 which fee is to off -set the costs of advertising and the hearing. Peter ValPreda/Vermont Federal Savings & Lod. , Association`,, Hearing Date , gnature of Appe ant S EPHEN R. CRAMPTO --------------------------------- ------------------------------ SOUTH BURLINGTON ZONING NOTICE In accordance witli the South Burlington Zoning Regulations and Chapter 117, Title 24 V.S.A. the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington City Offices, Conference Room, 117? Williston Road, South Burlington, Vermont on .72o.w o 4 /� ..�_ _x� , ' °>' :_, at ,r.'oo to consider -(J—ay o wee(month an date (tithe) the following: Appeal of seeking from Section %dc'► ,� r'a/. .¢ ►�%, of the South Burlington Zoning,,, Regulations. Request is for permission to � "� 40 A., rF F' ,,.�'"'a + / ,�✓ , d•,t.,-,.1 ,3 "'� rvl 4,i �.f'.:I%�. MEMORANDUM To: South Burlington Zoning Board From: Richard Ward, Zoning Administrative Officer Re: Next Zoning Board meeting Date: January 8, 1981 The appeal of Vermont Federal Savings & Loan application will be heard on January 26, 1981. You are requested to visit the site before the 26th meeting. There will be no meeting on the 12th. of January. rc?. GiP lc i�ar%'�� Gr+s ':J•r"i' �5E' o j,�� r "'_roc: 79. Trn 7' D c _ �_ .._�.�:: __ I 1 ti- Z Z Iv_ -lo ►� zr� s� � � 1 3 �j � - r r. 113w ! �-s, r —77� Ur�r , f.. ....fo, . 11. N i 4"0 r ��� 7 �,; � �r 9 } ! c�cSE� SST; 9 1 SS lo +� 7 4o 7— a- `� �' .4r nrooll ! j i ! 3 f 2." zo 5 1 j Z? I ' 2 _.....-- t/uS�GP,$I . `� 4hY1 % al VCf�r'GIP�i �• (i pC(� ���L�i .. ' �!' ,"r� i �Y):i')WT eS q��-A�r 4Ve/'aQG I "� • ! U vefi, (ems 107 11 J. J f '� • i 3_r.; ft�..i 1 ,. .�, �4.L�(�,l�l'�r:��q.oi�1. ��I.�'� �,U; ; 'a c. �C � �,�` �f i _, •`.� i / AA / ;.y-.C,3C? lob) - 35-o rrcc r/rQjsr . tg0AYE. Td'AI,--J-iC, 57t/!�Y San , D SO��I Zc— A/7 �. _fql-, � /1 -��' -'T4C1-!;' 1,2 , % % A Ll Y.. Y,t f 7 l S" ?— z .0 7 Z f (? 3 37� Q', LV I `�� 7-9 17 u6 11 I� !b tsar 1 ��2-n Uo ( !; 3► so ! l� +� 30 ( !9-',�'��- i7 1'�3F l�- 1S"�? i I i �1 aC,t Val Preda/Vermont Federal 1048 Shelburne Road Area zoned C-1 District Section 7.00 Permitted uses - prohibits to proposed use Bank facility would be permitted in a P.C.D. under Section 8.30 (sub section 8.303(b) Section 13.00 Non -conforming uses & structues existing structure is a single family dwelling containing 888 square feet - .04% lot coverage Dimensional requirements (Section 11.00) (1) minimum lot 60,000 Square feet - existing lot 21,870 square feet (2) minimum set back 75 feet - existing 37 feet (3) minimum side yard 30 feet - existing 19 feet (north side) Non -conforming uses & structure - 25% alteration permitted Fair -market value (City records) $38,300 total (land $30,500 & building $7,800) proposed alterations estimated at $150,000 M E M O R A N D U M To: South Burlington Zoning Baird From: David H. Spitz, City Planner Re: Vermont Federal Application Date: 1/21/81 I have done several recent traffic counts in an attempt to ccz-npare activity at Vermont Federal locations to banks with similar facilities. The results show that, currently, Vermont Federal definitely has lower volumes (ranging from a to 2/3) than its competitors. All counts below were taken between 12:00 and 12:30 P.M. except the 2 drive-thru facilities in Burlington which were taken for 2 hour periods between 10:45 and 11:45.A.M: 1) VEPNONT FEDERAL, Essex Junction, Downtown, Walk -Up Only 26 (including 9 pedestrians) 2) VERMONT FEDERAL, Burlington, Cherry Street, Drive-Thru Only 0 3) VERM0NT FEDERAL, Burlington Mall, Walk -Up Only 23 BURL•INGION SAVI.WS R __NTK, Essex Jct. , Pearl Street, Walk -Up and Drive Thru 68 (including 3 pedestrians) CHITTENDEN, Burlington, Pine Street, Drive-Thru Only 26 CHITITMEN, Burlington Mall, Walk -Up ONly 34 None of the above Vermont Federal facilities is comparable to the proposed Shelburne Road location. The Essex Junction branch is perhaps the closest. Based on that volume of pedestrian and vehicular traffic (52 trips per hour) it is very likely that total vehicular trips at the proposed facility would exceed the maximum of 40 trips permitted for a minimum size lot in the Cl zone. The actual trips permitted for this 21,870 square foot lot would be only 11 trips. Please note the attached discussion by the Planning Ccriunission in its recent revisions to the Cl/C2 zoning ordinance. The Commission was very hesitant about treating savings and loan facilities in a different manner than other banks. The Zoning Board asked at the last meeting about the range of operations of the very small Merchants Bank on Shelburne Road. That bank has 3 windows in the lobby, 2 drive-thru lanes, and 1 automatic teller. It offers a full range of residential and ,,,_rcial loans, checking and savings accounts but does not offer safe-deposit boxes. A recent count between 12:00 and 12:30 P.M. indicated 94 trips, even higher than a-ir previous count. MEMORANDUM To: Zoning Board of Adjustment From: David H. Spitz, City Planner Re: Val Preda/ Vermont Federal Application Date: 12/22/80 Uses permitted in C-1 zones are only those that fit under the "low traffic generator" category, i.e. having less than 20 trips per peak hour per minimum size lot. Banks and savings and loan do not fit that category and therefore are not listed as permitted uses. Recent national trip genera- tion estimates for drive-in savings and loan indicate 58 trips per window during the peak hour, far greater than the "low traffic generator" level. (Note that national estimates are also given for peak hour traffic per gross square feet of floor area; however these do not appear to accurately reflect traffic conditions for a very small building.) Several amendments to C-l/C-2 zoning have been publicly warned and approved by the Planning Commission and have been sent to the City Council for review. The changes that affect this application are: (1)minimum lot size per C-1 zone is changed from 60,000 to 80,000 square feet; (2)per- mitted traffic level per C-1 zone is changed from 20 to 40 vehicles per hour; and (3)banks and savings and loan are still not permitted in the C-1 zone. Previous variance hearings have focused on whether traffic for non -permitted uses would increase. There is no question that the proposed use would generate more traffic than the existing single residential unit. ZONING BOARD OF ADJUSTMENT DECY.MBER 22. 1980 The South Burlington Zoning Board of Adjustment held a regular meeting on Monday, December 22, 1980 at 5:00 pm in the Conference Room, City Hall, 1175 Williston Road Members Present Paul Graves, Chairman; Everett Reed, Alex Guyette, William Copp, Norman Campbell, John Dinklage Others Present David Spitz, Planner; John & Janet Bossi, Bill Rowell, Stephen Crampton, William Bellinger, James Lamphere No. 1 Appeal of Peter Val Preda and Vermont Federal Savings and Loan Appeal of Peter Val Preda and Vermont Federal Savings & Loan seeking a variance from Section 7.00, Permitted U:+es and Section 13.00 Non- conforwing uses and structures of the South Burlington Zoning Regulations. Request is for permission to convert an existing single family dwelling, containing approximately 888 square feet into a branch bank facility, on a lot containing 21,870 square feet, located at 1048 Shelburne Road. Mr. Spitz said the area was zoned C1 and that the proposed use was not permitted in that zone. The bank facility would be permitted in a PCD. The existing structure is 888 sq. ft., for a lot coverage of .04.. Minimum required lot size is 60,000 sq. ft. and existing is 21,870 sq. ft., minimum required setback is 75' and existing is 37', and the minimum required side yard is 30' and the existing north side is 19'. The cost of the planned renovations.to the building exceeds the 25% rule for non -conforming uses and structures. Mr. Spitz passed out a memo to the board from himself, dated 12/22/80, which discussed the proposal (copy on file with Zoning Administrator). The building is now vacant. There will be no encroachment on the existing dimensional requirements which are not met. Mr. Spitz said banks were not included in the list of permitted uses in this zone because of the amount of traffic they generate, based on the estimates the city has., He added that this use would increase traffic significantly from what is there now. . Mr. Lamphere said the structure was a single family house with a garage. Circulation will be designed so it can handle a lot of traffic. There will be a parking lot for those people entering the bank, and the lane for cars going to the drive-in windows will be separate from this lot. Mr. Dinklage arrived at this time. Mr. Lamphere said the stacking lanes could handle 14-15 cars without having any effect on circulation in the rest of the lot. There will be two drive-in windows. Mr. Lamphere said that 18 cars could be stacked before they backed up into the street, and that that was more than any bank in Chittenden County had. Mr. Crampton said the public area inside the building was small - 1,030 sq. ft. He noted that the Spitz memo referred to 58 trips during the peak hour, but he felt that did not apply to a local operation such as this, and especially not to one of this size. He said the survey had dealt with banks of 3,000 - 6,000 sq. ft. in size with more employees than this. He 2. ZONING BOARD OF ADJUSTMEfiT DECEMBER 22, 1980 stated that the new ordinance allowed applicants to bring in their own traffic data. He said they had approached other banks to get some figures and had used some statistics from their own operations. This bank has an office in downtown Burlington with 3 windows and those windows generated 2426 vehicle trips in one month, so they assume that 2 windows will generate 1618 vehicle trips per month. Correlating that 1618 figure with information from the Burlington Savings Bank, they project that on a peak day (normally Friday) they will have 98 vehicle trips to this branch (this is based on 60 of the total for the month). Of that 6�6% using Burlington Savings Bank information, they estimate that about lelo will come in one hour of the day that is the maximum volume, or 13.7 vehicles. They therefore project that they will have 14 tripa in and out during the highest hour. After some questioning, however, Mr. Crampton said that what he meant was 14 cars, not trips, and that means that they are anticipating 28 trips in and out. The ordinance sets a standard of 20 total trips in and out, so this would exceed that by 8 trips, which Mr. Crampton felt was a nominal amount. He stated that this study was not scientific, but added that he did not feel national statistics were germaine here. It was noted that Shelburne Road is 5 lanes at this point, with a center stacking lane for left turning cars. Orchard School is at the end of Hough St., and there are traffic lights down the road in both directions from this site. Mr. Bellinger was asked how many more customers the bank would attract by locating here and he replied that it was a defensive measure. Mr. Crampton said the bank had looked .for a site up and down the street for some time and Mr. Rowell added that it had been hard to find a place which did not require a curb cut onto route 7. Mr. Guyette had reservations about this because of the school at the end of the street, but Mr. Rowell said there was a foot path from the school to Baldwin Avenue and it was noted that the sidewalk was on the other side of the street from the proposed bank. Mr. Crampton said the hour with the least traffic for the bank was 8-9 am and that 2-3 pm was #7 out of 10 hours as far as minimum traffic is concerned. Mr. Bellinger said there would be no safety deposit boxes or loan offices in this branch. Mr. Spitz said that when he was working on changes to the C1/C2 ordinance, he did traffic counts for different uses in the city. He counted cars at the Chittenden Bank on Dorset, St., which has a lot of traffic. The most he saw in the stacking laries was one lane with 6 cars and the other 2 with 4. They had a traffic volume of 200 trips per hour. He stated, however, that that bank probably had more traffic, per sq. ft. than this one wuuld. Mr. Bellinger said they were a savings and Loan, not a commercial bank. He admitted that they did have NOW accounts, but said they were not commercial NOW accounts. Mr. ""pitz said banks had been discussed more than any other specific use during discussions on amendments to the C1/C2 ordinance. He said that he had done local traffic counts and that for most uses they were very close to the national counts. The one use farthest from national estimates was drive- in banks and counts for those taken locally were considerably higher than the national estimates. In the C1/C2 amendments banks and savings and loans are not permitted uses in the Cl zone. It was noted that this bank had just added a new facility on North Avenue in Burlington, but Mr. Bellinger said they had not been there long enough to have any figures on that operation. be au of Mr. Spitz saidthat putting banks outside the Cl zone wasn�ra ic. He said the Merchants Bank, which is less than 1,000 sq. ft. is in the same category as this one and it's total trips we over 100. 3. ZONING BOARD GF ADJUSTMENT DECEXBER 22, 1960 Mr. Dinklage noted that if there were a number of cars stacking from the north to turn left into Bough Street, a car waiting to turn left out of that street onto Shelburne Road might find itself unable to see north to be sure no cars were coming. Mr. Graves said he would like a chance to see this site. Mr. Dinklage did not want anyone to think he favored use variances for banks, but he felt this was a significantly different proposal from the bank proposed for the corner of Williston and Hinesburg Roads in that there is plenty of stacking room on the lot and there is ai stacking lane on Shelburne Road itself. He added that the structure was small and that the entrance was from a side street. There also will be no further encroachment on the setbacks. Mr. Guyette noted that the question of setbacks was only one item here. Another thing to consider is that this business is designated for a PCD and is not a permitted use in the C1 zone. Mr. Dinklage asked Mr. Spitz for his professional opinion and advice. He responded that he felt there were reasons that certain uses were allowed in the Cl zone and he asked that the board think carefully about any use variance. He said that the city had been told that some banks had more traffic than others and agreed that that seemed to be the case, but he said that based on counts done by the city on straight banks, those counts were very high and they did not belong in the C1 zone. He also said that the difference between traffic from commercial banks and savings and loans was not 10:1, but closer to 4:3 or 3:2. He felt that the information submitted in this case would require a closer look. fie said one way to check would be to find a similar bank and count its cars. Mr. Graves added that the distinction between commercial banks and savings and loans may change as the economy changes, and perhaps this had to be looked at as a bank. Mr. Guyette asked about hardship. Mr. Rowell said that this was the only bank in the area which had no branch on Shelburne Road and they do not want to lose their competitive edge. Ile also wondered if it might be better to have accounts dispersed over the banks in the area and have each one do a little less business. He also was not sure what else the building could be used for which would justify the initial investment. Mr. Spitz said offices and retail uses would have less traffic. Mr. Dinklage noted that if the bank wanted to expand later, it could return to the city and at that time traffic could be reviewed. Mr. Graves pointed out, however, that there is no hardship now and there might be one later if the bank were not allowed to expand. Mr. Bellinger estimated only having 3 employees to start, including a manager. Mr. Graves asked where the problem was if the bank did generate 200 cars per hour and Mr. Spitz replied that the objection was to the accumulation of traffic in the C1 zone. It was noted that some of the cars going to the bank would be on the road already, but some will be drawn by the bank. Mr. Spitz said that banks were not wanted in the C1 zone, because they want to keep traffic from getting worse in those areas. Ile added that this use did not fit within the Planning Commission guidelines and said that if they had come in with a PCD, the effect on the nearest signallized intersections could be reviewed. If things are approved piecemeal the city cannot get a handle on what kind of traffic will be generated. Mr. Dinklage asked to see figures from the Interim Zoning appeal on the application of Vermont National across the street, he asked for data from the branch on North Avenue, and he requested any other data that might be pertinent. 'Mr. Reed moved to table the appeal until the next regularly scheduled meeting. The motion was seconded y Xr. t;ampDell and carried u.na m 4. ZONING BOARD OF ADJUST'!ENT DECENAER 22, 1980 No. 2 Appeal of Uos3i Cement Productn, Inc., John Bossi Appeal of Bossi Cement Products, Inc., John Bossi seeking a variance from erection 11.15, Multiple Uses and Section ll.UO, Dimensional requirements of the South Burlington Zoning Regulations. Request is for permission to construct a single family dwelling, 24' x 48' in size on a lot presently occupied by a dwelling unit/block plant, lot containing approximately one acre, located at 209 White Street. The area is zoned R4 and the existing block plant, which is not presently operating, is a non -conforming use. The Bossis occupy a dwelling unit over the plant. Minimum required frontage is 100' and existing is 65'. The rear building will be provided with a right of way to the east of the proposed dwelling. Mr. Bossi said the right of way would be 21' wide. He said they lived over the plant now in an apartment and that they wanted to build a home on the front of the lot and live there. Eventually they hope to rent the apartment over the plant. The building has been there since 1945 and the lot was probably set off before there was zoning in the city. The plant is used for storage both of business associated items and for personal items. It may be converted someday to more apartments. There are several multi -family units on White St. Mr. Bossi said lie wanted the home to face the street. There will be no garage, and they will park in the rear. Mr. Graves asked if there was any objection to a stipulation that access be left for the rear part of the lot and Mr. Bossi did not object. Mr. Dinklage moved that the application be voted on with a stipulation that the house be placed so that there is a possibility for a 20' ri�!:t of way to be set off for access to the rear. Mr. Guyette seconded the motion and all voted for it. The appeal was granted unanimously as per stipulation. The meeting was adjourned at 6:30 pm. Clerk Z,00� -11- " 4 � �s 7/, `4-S T