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Home My WebLink AboutBATCH - Supplemental - 1116 Shelburne RoadCKY of moo. SOUTH SURLINC3T6N. VERMONT 05403 FAX (802) 65&4748 PLANNING (802)658.7955 December, 30, 1998 Chip Spillane Thrifty Car Rental 1700 Williston Road South Burlington, Vermont 05403 Re: Zoning Violation, 1116 Shelburne Road Dear Mr. Spillane: ZONING (802)658.7958 This is to confirm our recent conversation regarding the dirt pile and cutting of trees behind the storage building at 1116 Shelburne Road. The removal of vegetation behind this building alters the site plan approved in 1987 for the canopy. These alterations must be approved by the Planning Commission. Therefore, please complete the enclosed Site Plan Review Application together with the revised site plans and $35 filing fee. Please submit your application as soon as possible. If you have any question, please give me a call. Sinc.er, pamy ond J. Belair, Zoning & Planning Assistant RJB/mcp 1 Encl City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 December 11, 1990 Thrifty Car Rental 1700 Williston Road South Burlington, Vermont 05403 Re: Escrow agreement, 1116 Shelburne Road Dear Chip: ZONING ADMINISTRATOR 658-7958 By means of this letter, the City hereby released your letter of credit #1840 issued by the Howard Bank. Please submit a copy of this letter of Mr. James Milne of the Howard Bank. If you have any questions please don't hesitate to call me. Very truly, ze/0--,--act -�,E" Richard Ward, Zoning Administrative Officer RW/mcp Licensee 1700 Williston Road South Burlington. Vi OS4O3 802 863 5500 Out of 1 own Reservations 1-800-FOR-C A RSS1° ,F&rC`'i� Ca,rRental November 19, 1990 Raymond Belair Zoning and Planning Assistant City of South Burlington 575 Dorset St. So: Burlington, VT 05403 Dear Raymond, I am writing to let you know that we have fulfilled our landscaping obligation at 1116 Shelburne Rd. Enclosed please find a sketched plan with a list of the additional shrubbery that has been planted according to our meeting two weeks ago at the site. I hope you will find that we have met our landscaping obligation. Thank you again for taking the time to meet with me and your help in clearing up this matter. Since rel , (�4, Chip Spillane, Licensee Thrifty Car Rental Enclosure plo 1-14'5 S(,,t-a3e PJI 0 0 O� �O(02D �lj<flr A 4R� 3 0 N e Oh&tiAl 06 IU5 #1 14 tA. /L e -Oo 9 (w 16 (!tLruc, of(-GT- n (117, 1 C(3) J- T,,g-y, o 5 Tc-u jon 7 3 .5,76cI'lotJ --T-rl-- PLANNER 658-7955 Lowell T. RD #3 Shelburne, City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT05403 FAX 658-4748 Spillane Vermont 05482 November 2, 1990 Re: Landscaping at 1116 Shelburne Road Dear Mr. Spillane: ZONING ADMINISTRATOR 658-7958 This letter is in regards to the landscaping at your property located at 1116 Shelburne Road. I recently visited the property to be certain that you complied with the planting plan approved by the Zoning Board on November 25, 1989. I found that only a few plants have been planted and that these are not the ones specified on the plan. The Letter of Credit Agreement which you signed on 5/23/90 indicates that you would complete the planting and landscaping improvments no later than November 1, 1990. The City expects you to follow through on your commitment to complete these improvements as approved by the Zoning Board. Since the planting season will be ending soon, I suggest that the additional plantings be installed as soon as possible. Failure to make the agreed upon improvements will result in the City declaring that you are in default of the agreement and asking that the bank release the monies so that the City can use this money to complete the obligations. We hope this step will not be necessary. Should you have any questions, please feel free to contact me. Srinc R ym d J. Belair, Zoning and Planning Assistant RJB/mcp LETTER OF CREDIT AGREEMENT THIS AGREEMENT, in triplicate, by and between Thrifty Car Rental , hereinafter referred to as "Developer", the CITY OF SOUTH BURLINGTON, hereinafter referred to as "Municipality", and The Howard Bank, N.A. hereinafter referred to as "Bank". W I T N E S S E T H WHEREAS, Developer has received site plan approval from the Municipality's Planning Commission for the construction of a Gas Island canopy as depicted on a plan entitled Improvements to1116 Shelburne Road dated November 15, 1989 Garden Center , prepared by , and Fourseasons WHEREAS, Developer is required by said approval, at its own expense, to complete certain public improvements; and WHEREAS, the parties to this agreement wish to establish a mechanism to secure the obligations of the Developer as set forth above, and WHEREAS, the bank executes this agreement solely in the capacity of issuer of the Letter of Credit hereinafter specified. NOW, THEREFORE, the parties hereby covenant and agree as follows: 1. Developer will at its own expenses complete the following improvements in connection with its development: (Description of public improvements required by subdivision approval) _ Planting and _landscapinZ_imsrovements will be done according_to the _ ------- ------ _planting_plan_submitted for aoProv_al_by the Zoning Board on November________ _25L 1989. _ Should exact—tyoe of_shrubs not —be available, like shrubs will be used. -------- -- --- ---- ---- 2. Developer will convey to the Municipality by properly executed Warranty Deed, free and clear of all encumbrances, the roadways, easements, and other public improvements prior to the Municipality granting any zoning permits to the developer. 3. The Developer shall complete the improvements set forth in paragraph one no later than November 1. 1990 4. The Developer shall repair or replace any faulty or defective work or improper material which may appear within 1(nn,) year of completion. 5. For the guaranty of Developer's performance of all requirements hereinabove set forth, Developer and Bank agree that the sum of $(Amount set by planning commission or its designee) shall be set aside and held in escrow by the Bank and shall be available for payment to the Municipality, in accordance with the terms herein set forth. 6. If the Municipality shall file with the Bank a statement that Developer is in the judgment of the Municipality in sixty (60) day default under the terms of this agreement, the Bank shall from time to time pay monies from said escrow fund to the Municipality to complete the improvements and requirements set forth in this agreement. 7. The Municipality will promptly submit to the Developer a copy • of such statement as it files with the Bank. The consent of the Developer to such payment by the Bank to the Municipality shall ....t vr a.quir cu. •alc L1011i\ alaa11 iill;UL- i1(� 11aUlll ty LO the Developer on account of making such payment to the Municipality, nor shall the Bank be required to inquire into the propriety of any claim by the Municipality of default on the part of the Developer or into the use of such funds by the Municipality in completing such improvements. The Municipality shall not file with the Bank a statement of default until sixty (60) days after notice has been sent by it to the Developer by certified mail, return receipt requested, setting forth its intention to do so. 9. All monies released by the Bank to the Municipality pursuant to paragraph 6 shall be used by the Municipality solely for the purpose of performing obligations imposed upon the Developer by that portion of this agreement upon which the Developer is then in default. Any work to be performed by the Municipality pursuant hereto shall be let on a contractual basis, or on a time and material basis, or shall be performed by the Municipality with its own work force and equipment or shall be accomplished in such manner as in the judgment of the Municipality shall accomplish the work most expeditiously and economically. 10. If monies are released by the Bank to the Municipality pursuant to paragraph 6 and it shall later develop that a portion of the released monies are surplus to the Municipality's needs, any such surplus shall be refunded by the Municipality to the Bank to be held and distributed by the Bank pursuant to the terms of this agreement. 11. The Bank will not refuse or delay to make such payments to the Municipality when requested by the Municipality by the appropriate statement, and Developer will not interfere with or hinder such payments by the Bank to the Municipality. Said statement shall contain a certificate of compliance with the notice requirements of paragraph 8 of this agreement. 12. This agreement shall terminate and shall be of no force or effect upon performance of all requirements contemplated hereby and the completion of the warranty period set forth in paragraph 4. 13. Upon request of Developer, but only at the sole discretion of the Municipality, the Municipality may release a portion of said escrow funds if the Municipality believes that the retention of said funds is not necessary to protect its interests after a portion of said work has been completed. Bank may release such funds only upon written consent of the Municipality. 14. Notwithstanding the provisions of paragraph 13 the sum of $ 5,000.00 shall be in any event maintained in escrow until certification to the Bank by the Municipality of the completion of the warranty period set forth in paragraph 4. 15. This agreement shall not only be binding upon the parties hereto, but al-Ro thei 7-reSPO .*_..-. executors, ccadministrators, successors and assigns. Dated this 23rd day of Mav 1D_9_a_ IN THE PRESENCE OF: (DEVELOP$R);, By: Its Duly 7uthorized Agent CITY OF 30UTH URLINGTON By: Its Duly Authorized Agent By • ( BAIL ) e Howard nk , ItLs, my Authorized Agent The Howard dank. N.A. 111 Main Street, P.O. Box 409 Burlington, Vermont 05402-0409 (802) 658-1010 May 22, 1990 IRREVOCABLE LETTER OF CREDIT NUMBER 1840 City of South Burlington Attn: Dick Ward Municipal Office Building Dorset Street South Burlington, VT 05403 Ladies and Gentlemen: We hereby authorize you to draw on The Howard Bank, N.A. for the account of Tamarack Services of Vermont d/b/a Thrifty Car Rental, 1700 Williston Road, South Burlington, Vermont 05403, up to the aggregate amount of $5,000.00 available by your drafts at sight. The drafts drawn under this credit are to be endorsed thereon and shall state on their face that they are drawn under The Howard Bank, N.A., Burlington, Vermont, Letter of Credit Number 1840 dated May 7, 1990. The drafts presented for payment under this Letter of Credit must be accompanied by a statement signed by an official of the City of South Burlington, Vermont certifying that Tamarack Services of Vermont is in 60 days default of the terms of the agreement to complete landscaping at 1116 Shelburne Road, South Burlington, Vermont, and the amount drafted is a reasonable amount. Documents must be delivered to The Howard Bank, N.A., P.O. Box 409, Burlington, Vermont, 05402-0409 and drafts must be drawn and negotiated not later than November 30, 1990. Except so far as otherwise expressly stated, this credit is subject to the Uniform Customs and Practice for Documentary Credits, 1983 Revision, International Chamber of Commerce Publication Number 400. We hereby agree with drawers, endorsers and bona fide holders of the bills drawn in compliance with the terms of this credit that the bills shall be duly honored upon presentation at The Howard Bank, N.A. Very truly yours, THE HOWARD BANK, N.A. By: 0""o Ja s D. Milne sistant Vice President cml/1 1119-f /5209 /) - �- P Licensee 1700 Williston Rd. S Burlington,VTO54O3 802 863 5500 Out of Town Reservations 1-800-FOR-CARSsm iiiiAffNX Cafflent71 December 3, 1990 Raymond J. Belair City of South Burlington 575 Dorset St. So. Burlington, VT 05403 Dear Ray, Here is the list of heights on the shrubs that were planted. They were measured from the ground up, not including the root ball on the bottom. We have spent well in excess of $5,000 on the project in total and I'm sure you will be able to find this satisfactory. Thank you again for all of your help with this matter. Enclosure U ist..r5 �i�ot' Se 1i I �r•.t O _ � Bt 000000 ® QD Q 00 RL r �1 J o?� � uttr�•�trn_ �� J311�S ! O l C/Iroll N lu S J 1 L/ //oe,j (I C n o' K Fri ! �f - ao 6 CCO, V5 all 6 uo 0 v v. ; 14 i�,; ,� �- - �z 1�c� S fµxu S lC-v of), 3 S,, We- 5e-- wCP-c A c,�s�3e-✓ - -- , Q`v vn d /� p ,;IG , ";�fj-(re2- �/ j,11- l� City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 November 26, 1990 Mr. Chip Spillane Licensee Thrifty Car Rental 1700 Williston Road South Burlington, Vermont 05403 Re: Landscaping at 1116 Shelburne Road Dear Chip: ZONING ADMINISTRATOR 658-7958 Thank you for your letter of November 19, 1990 and your prompt attention in resolving the landscaping issue. In reviewing the landscaping plan you submitted, I find that it does not include the size of the plants (usually expressed in height or caliper). This information is necessary to determine the value of the plant material. Would you please forward this information to me. Thank you. Sincer ,y, Ra' J. Belair, Zon' g and Planning Assistant RJB/mcp Licensee, 1700 Witision Road South Burlington, VT 05403 802 863 5500 Out of Town Reservations 1-800-FOR CARS'" CarRental November 19, 1990 Raymond Belair Zoning and Planning Assistant City of South Burlington 575 Dorset St. So: Burlington, VT 05403 Dear Raymond, I am writing to let you know that we have fulfilled our landscaping obligation at 1116 Shelburne Rd. Enclosed please find a sketched plan with a list of the additional shrubbery that has been planted according to our meeting two weeks ago at the site. I hope you will find that we have met our landscaping obligation. Thank you again for taking the time to meet with me and your help in clearing up this matter. Sincerel , Chip Spillane, Licensee Thrifty Car Rental Enclosure U CO �nist;.,s srar aye nci� ��.r Q 0 0000 Q® QD O O 1 _ � 'oZ ��►<,� ✓1r.� \� 0 S k�e e � Chant 06 i�5� � PU i c s O lP W 00 I ±�J niC \JO 7 00 ✓ teat/ r G� �VA/K m 6 ctr Q5. ue(Zos uo n 541,16 Jos :.a I q-Xu s I c-u ion i 4► 3 S�ocwiou,J �111 .-cc- jrioriJe T SPILLANE, Lowell. T. 1116 Shelburne Road Area zoned C-1 District. Section 18.00 Dimensional requirements (sub section 18.101) mini- mum setback 50 feet, proposed setback 15 feet. Proposed canopy 32' x 36' to within 15 feet of required front yard. Same request considered by Zoning Board and approved April 27, 1987. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 TEL. (802) 658-7953 OFFICE OF CITY MANAGER CHARLES E. HAFTER November 21, 1989 Mr. Fred Blais, Chairman Zoning Board of Adjustment City of South Burlington South Burlington, Vermont 05403 Dear Fred: At their regular meeting on November 20, 1989, the City Council reviewed the Agenda of the Zoning Board of Adjustment for the November 27, 1989 meeting. They have asked me to pass on the following comments: (1) Council wishes to convey to the Zoning Board the sense of Council that no variance be granted to the appellant in item #1 until the general appearance of the entire parcel has been improved. It is the Council's belief that you have dealt this way with a similar request within the last two years. (2) Please be sure to notify adjoining landowners of the University of Vermont appeal. Please contact me if you have any questions on this matter. Sincerely; Chuck Haft l er City Manager April 13, 1987 Lowell T. Spillane RD #3 Shelburne, Vermont 05482 Re: Zoning appeal Dear Mr. Spillane: 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, April 27, 1987 at 700 P.M. to consider your request for a zoning variance. Please plan to atend this meeting. Very truly, Richard Ward, Zoning Administrative Officer RW/mcp SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 117, Title 24 VSA, the South Burlington Zoning Board of Adjustment will hold a r- 'c hearing at the South Bur - on Municipal Offices, Con. ference Room, 575 Dorset Street, South Burlington, Vermont on Monday, April 27, 1987 at 7:00 p.m. to consider the follow- ing: # 1 Appeal of Michael and Tom- my Burnor .seeking a variance from Section 18.00, Dimensional requirements of the South Bur- lington Regulations. Request is for permission to construct a 24' x 26' attached garage to within three (3) feet of the southerly side yard at 1401 Airport Drive. #2 Appeal of Barbara Amblo seeking approval from Section 9.20, Conditional uses, subsec- tion 9.202 day care center of the South Burlington Zoning Regula- tions. Request is for permission to operate a day care facility, max- imum of ten I I( children from an existing two family dwelling, d.b.a. Modern Montessori School, located at 8 Tonglewood Drive. #3 Apeal of Irwin Wallmon seek- ' tI,gg a variance from Section 8.00, Dimensional requirements of the South Burlington Regula- tions. Request is for permission to construct a 65' x 75' addition to within fourteen (14) feet of rear property line at 8 Harbor View Road, d.b.a. Shelburne Plastics. #4 Appeal of Lowell T. Spillane seeking a variance from Section 18.00, Dimensional requirements of the South Burlington Regula. tions. Request is for permission to construct a 32' x 36' pump island canopy to within fifteen 051 feet of the front property line, lo- cated at 1 1 16 Shelburne Road. #5 Appeal of R. Kyle and Susan Murray seeking a variance from Section 18.00, Dimensional Re- quirements of the South Burling- ton Regulations. Request is for permission to replace on existing 12' x 24' detached garage to within two (2) feet of the easter- ly side yard at 28 Proctor Ave. #6 Apppeal of Robert and Yvonne Blondin, Phil Hathaway seeking a variance from Section 14.10, Permitted Uses and Section 19.65 Multiple uses of the South Burlington Regulations. Request is for permission to convert an existing dwelling unit into a pro- fessional office complex to be occupied as a car rental agency and real estate and insurance offices, on a (at containing 13,900 square feet located at 1 272 Airport Drive. Richard Ward, Zoning Administrative Officer April It, 1987 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, November 27, 1989 at 7:00 P.M. to consider the following: #1 Appeal of Lowell T. Spillane seeking a variance from Section 18.00 Dimensic:na]. requirements of the South Burlington Regula- tions. Request is for permission to construct a 32' x 36' pump island canopy to within fifteen (15) feet of the required front yard, located ;:.f 1.116 Shelburne Road. 42 Appeal of University of Vermont, Robert Penniman seeking approval from Section 11.20 Conditional uses, sub section 11.210 University support services of the South Burlington Regulations. Request is for permission to construct a student parking area (255 parking spaces) on a parcel containing approximately 70 acres, located to the rear of 860 Williston Road. Richard Ward, Zoning Administrative Officer November 11, 1989 City of South Burlington Application to Board of Adjustment Date G % Applicant l / Owner, leas e, agent Official Use q APPLICATION # �/ HEARING DATE Z /7'ek 5 FILING DATE FEE AMOUNT Address /7vy k',,/-5 Q,y/. Telephone # Landowner a he, 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 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 Reason for appeal /D Ye a rn,'C cc:, c -t c,, <; ! r�, [ '�•,,_ ��Y 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. earing 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 Day of Week at to consider the following: Month and Date Time ..Jb�_ Appeal of %if -- seeking a from Section /� • n cu /U-wY,� i,.,.„�� of the South Burlington Regulations. Request is for permission to �,� SPILLANE, Lowell T. 1116 Shelburne Road Area zoned C-1 District Section 18.00 Dimensional requirements (sub section 18.101) Minimum setback 50 feet Proposed setback 15 feet Proposed 32' x 36' canopy to within 15 feet of front yard 1 Board should stipulate the posting of a $5,000 landscaping bond if approval is granted Original appeal 1-12-87 denied for a 32' x 48' canopy to within 3 feet NOTICE OF APPEAL SOUTH BURLINGTON ZONING BOARD OF ADJUSTMENT Name, address and telephone # of applicant L T =]ie,/i4 ,1 01- nS'l Name, address of property owner ' bb _ Property location and description t tz �c7� �c�r�i�c74,11 I hereby appeal to the Zoning Board of Adjustment for the following: conditional use, variance or decision of the administrative officer. I understand the meetings are held twice a month (second and fourth Mondays). The legal advertisement must appear a minimum of fifteen (15) days before the hearing. I agree to pay the hearing fee of $30.00 which is to off -set the cost of the hearing. Hearing Date Signature o 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 at (day of week) (month and date) time to consider the following: Appeal of F`F seeking a , from Section 18�'0CJ , /1��': _VV G—I r of the South Burlington Regulations. Request is for permission to32,r+'C �. Z4 OA� __ . ,a-..,.uay, Novo,._ _ LEGAL NOTICES 1 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, November 27, 1989 at 7:00 P.M. to con- sider the following: # 1 Appeal of Lowell T. Spillane seeking a variance from Section 18.00 Dimensional requirements of the South Burlington Regula- tions. Request is for permis- sion to construct a 32' x 36' pump island canopy to with- in fifteen (15) feet of the required front yard, located at 1 116 Shelburne Road. #2 Appeal of Uni- versity of Vermont, Robert Penniman seeking approval from Section 11.20 Condi- tional uses, sub section 11.210 University support services of the South Bur- lington Regulations. Request is for permission to construct a student parking area (255 parking spaces) on a parcel containing approximately 70 acres, located to the rear of 860 Williston Road. Richard Ward, Zoning Administrative r / 7 6 5 4\ 3 2 5 AUSTRIAN PIN 12 SIBERIAIV DOGWOOD w LOW BERM -3'H. P W � r 30 CEDAR Q > k N a a 303 W 51' EXISTING SETBACK - EXISTING` " W 15' STORAGE 36 24 Q BUILDING ---EXISTING SIDEWALK 2 6 AUSTR/AN I'1NE 29 DWARF DOGWOOD Q �j AS LOW BERM 2 ' H. P. O +VZ•Y' NEEDED a NEEAIRDED PAINT 29 l r-_l ' M 1 71,1,10 _ M 3 LE_ , POSED 4 Y CANOPY - 28 \ 24 25 -1 32 X36 �P 23 ie 13 EXISTING r ' ^ 6 26 27 SERVICE S TA` TI ON a' N 22 17 12 ` c,9 b '• 7 21 24 20 15 10 RAMP 19 14 9 Ll 3O' - 22 I - EXISTING SIGN_ LOW BERM - 3 H P TO CLOSE ACCESS TO WESSON S WESSON 6 AUSTRIAN PINE OPTICAL SERVICES WESSON'S DINER 24 SIBERIAN DOGWOOD T \o PLANTING PLAN W w �m No Text SPILLANE, Terry 1116 Shelburne Road Area zoned C-1 District Section 18.00 Dimensional requirements - sub section 18.101 - minimum set back 50 feet Proposed 32' x 48' pump island canopy to within three (3) feet of required front yard NOTE - This lot contains two non -conforming buildings - plus storage of rental trucks and trailers - entire lot is long overdue for improvements. ZBA should stipulate a reduction in outside storage and bond for landscaping along with a landscape plan _,, vo0 SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 117, Tide 24 V.S.A. the South Burlington Zoning Board of Adjustment will hold a rublic hearing at the South Bur- gton Municipal Offices, Can - ference Room, 575. Dorset Street, South Burlington, Vermont on Monday, January '12, 1987, al 7:00 P.M. to consider the following: # 1 Appeal of Garth and Clara Peterson seeking a variance, from Section 19.00, Non -comply- ing structures, subsection 19.002 alterations of the South Burling- ton Regulations. Request is for permission to construct a second story 25'x44' addition and con- vert an existing screened porch into a dining room and add a 11'x16' deck, lot contains 12,375 square feet, structure is non-complyng to setback, at 106 Spear Street. 02 Appeal of Douglas W. Bou- vier seeking approval, from Sec- tion 19.65, Multiple uses, subsection 19.652 of the South Burlington Regulations. Request is for permission to operate a -deli - mart in conjunction with on exist- ing gasoline service station, at 1041 Shelburne Road. 03 Appeal of Dan Morris and John Larkin seeking approval, from Section 9.20, Conditional uses - subsection 9.203 of South Burlington Regulations. Request is for permission to construct an addition containing 5,800 square feet, two stories to an exisiting structure, occupied as a commu- nity core center, on a lot con- taining 2.5 acres, located at 1530 Williston Road d.b.o. Pillsbury Manor. #4 Appeal of Lowell T. Spillane seeking a variance, from Section 18.00, Dimensional requirements of the South Burlington Regula- tions. Request is for permission to construct a 32'x48' pump island canopy to be located within three 13) feet of the front prop- erty line, located at Spillones, 1116 Shelburne Road. #5 ApPeel of Mark Hill Invest- ments for Astro Space, Inc. seek - in gg approval, from Section 12.20, Conditional usessubsec- lion 12.205 manufacturing and assembly from previously pre- pared materials and components of the South Burlinton Regula- tions. Request is for permission tc occupy on exiting structure con tainingg 11,200 square feet as c manufacturing and assembly op- eration for conversions to a511c vans, located at 5 Green Moon fain Drive. #6 Appeal of Hospitality Inns lot., seeking a variance, Iron Section 18.112, Height of Stroc Lures, subsection 18.112 a of tM South Burlington Regulations. Re quest is for permission to con ""'t a 91,513 square foa addition for on Inn and Confer ante Center with a height vari once from 35 feet to fifty 15C feet maximum, located at th Sheraton, 870 Williston Rood. Richard Worc Zoning Administrative Office December 27, 1986 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05401 PLANNER 658-7955 i December 29, 1986 Mr.Terry Spillane Tamarack Shores Shelburne, Vermont 05482 Re: Zoning appeal Dear Mr. Spillane: ZONING ADMINISTRATOR 658-7958 Be advised that the South Burlington Zoning Board of Adjustment will hold a public hearing at the Municipal Offices on Monday, January 12, 1987 at 7:00 P.M. to consider your request for a zoning appeal. Please plan to attend this meeting. Very truly, Richard Ward, Zoning Administrative Officer RW/mcp C_ a GLRUss�nls_ a0 10 10 ;a 300, ro9-SS @105 r 030 �31 .y jiti/GS� O n/ S . �-� �i1 �, 0•�,7"icAG � • 2y i� 'w'3rb 9 'p'1.S ti O ' (D '74- #27 Zt 10 C3 04 '�O 0Tom'' lac ^ ?O' To ,l0 BS l �AuniD�rnAr + a o ( 0 l5 04- a : @ 1? Cc�a�.-A��G' 5 ,o -; 3bv • A � '!o' to CL,) ,02 Q� /!i1 r� • cc 46 r / Q le O - s3 • �a• n/U4-Y _� rJR' " f ♦z1 ( 029 U '�) t 4 0. . c �V'0 P� NOTICE OF APPEAL SOUTH BURLINGTON ZONING BOARD OF ADJUSTMENT Name, address and telephone # of applicant LoWfl Y T�nIRrG�k Shores S IteIb �✓tv'� tJ l CiSti sir oot ---- Name, address of property owner .5'e7r.. -e- Property location and description / t / U .S A Y I? -a Sa- /''.� Y'• �/y.t 00r.t9le.4-1 I N v S-r,71 it s 1 's--CrV i t e C c q ie f" I hereby appeal to the Zoning Board of Adjustment for the following: conditional use, variance or decision of the administrative officer. I understand the meetings are held twice a month (second and fourth Mondays). The legal advertisement must appear a minimum of fifteen (15) days before the hearing. I agree to pay the hearing fee of $30.00 which is to off -set the cost of the hearing. Jaw,ga 130 Qat'S `�- Heating Date Signat e 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 I al�' , \1AnyGcwM , at %: �O �am (day of week) (month hnd date) time T to consider the following: Appeal of Lwe' I � ' �501) a10, V14- seeking afrom Section )F,00 , A of the South Burlington Regulations. Request is for permission to )OcA��t6 wri 4L- -6�o(,H i/ 10CA4estot SZ DEwA,L 49 �1 c y � � 3Ll G Zs �Nd � (tip day P� (91 i �2 J Self serve • �t 77-71 ICI t�/,,�„I:d{�� • l��l� �:::�-- -- " a _ "` 1 211A► i � Cam... _ �� s -ftwm rem` j -3- trailers in and out of these docks. He said their drivers would rather be working at night and not during the rush hour traffic - 6:00 AM and 2:00 PM. iMr. Boehm said we are reviewing this just as a variance. Mr. Wallman said the building is designed to conform to the shape of Harbor View Road and we cannot move the building - the metal buildings are made in 25' bays - we will have exactly 3 - 25' bays. This will not affect the characteristics of the neighborhood. We will have more planting in the front. We want to stick to the standard 25' metal buildings. We will have a fully occupied area within this building - the bottom is for manufacturing and the top for storage. Mr. Dinklage asked if there would be any outside storage and Mr. Wallman replied no, we have to phase this in with the Health Dept. - storage is in an entirely enclosed room. Mr. Dinklage said I would like to move that if this is approved it be with the stipulation that there be no outside storage associated with his business or any other that may occupy the premises in the future. This was seconded by Mr. Graf and all voted aye. There was some discussion regarding water runoff, catch basins, etc. and Mr. Wallman said he will have to go to the Planning Commission and he had already discussed this with them. Mr. Dinklage said let the records show that we share this concern but will leave it up to the Planning Commission. The appeal was granted unanimously. / No. 4 Appeal of Lowell T. Spillane ell,7/ • Appeal of Lowell T. Spillane seeking a variance from Section 18.00 Dimensional requirements of the South Burlington Regulations. Request is for permission to construct a 32' x 36' pump island canopy to within fifteen (15) feet of the front property line, located at 1116 Shelburne Road. Mr. Ward said this area is zoned C-1 District. Section 18.00 Dimensional requirements (sub section 18.101). Minimum setback 50 feet, proposed setback 15 feet, proposed 32' x 36' canopy to within 15 feet of front yard. Board should stipulate the posting of a $5,000 landscaping bond if approval is granted. Original appeal 1-12-87 denied for a 32' x 48' canopy to within 3 feet. Mr. Ward said this plan is somewhat different and there is landscaping of $5,000. Mr. Terry Krinsky described a sketch showing canopy and landscaping, storage of rental trailers and trucks which will be screened by trees and plantings and low berm along Wesson property line. He said screening of rental units will improve the view from Shelburne Road. Trees and dogwood will shield the storage area, also the service station and storage shed are being repaired and painted and they will eliminate cut through to Wesson's Diner. Mr. Blais asked what the height of the trees would be. Mr. Krinsky said about 5' to 6' high and the shrubs would be about waist high. Mr. Krinsky said this existing service station was constructed 30 years ago pre -dating the current zoning ordnance. This is an existing condition that . needs to be addressed. The setback is not deep enough without requesting this -4 variance. To construct a canopy in conformance with zoning, this station would have to be demolished. It's a sound structure - getting new paint, flooring, ' garage doors, and the whole front area is being repaved. The hardship was ® created by previous owner - Mr. Spillane purchased it in the mid 70's. This is consistent with other existing service stations in South Burlington - Champlain Oil, Mobil Oil, Wesco, and Spillane's on Williston Road. Approximately 75% of all gas stations are self-service now and Mr. Spillane needs this canopy to remain competitive. This is the minimum that could be requested that would permit a canopy over the gas pumps. On 1-12-87 Mr. Spillane requested a larger canopy - this is downscaled to 36' x 32'. Mr. Blais asked about the trailer storage and Mr. Krinsky pointed to the sketch where a row of the units would be shielded from Shelburne Road and the entrance to the Motel by plantings and said the bulk would be in the back. Mr. Donlan said he had shown Mr. Barker the plans and he was pleased with the location of the plantings and the fact that the trailers would be further away and he was satisfied with where they were going to be located. He also spoke to Mr. Wesson and he was satisfied with his particular concern. Mr. Dinklage moved that if this appeal is approved it be with two stipulations: 1. That the planting and traffic circulation elan be aDDroved by the City Planner. 2. That a landscaping bond in the amount of $5,000.00 be provided in a manner satisfactory to the City Planner prior to the issuance of the building permit. This was seconded by Mr. Graf and all voted aye. Mr. Dinklage asked how $5,000.00 was arrived at and Mr. Ward said our normal rate would be 3% of the total construction cost. Certainly this exceeds the 37. • Mr. Boehm asked if all other canopys mentioned were approved under variance and Mr. Ward said they were as there are no provisions for canopies and setback. The appeal was granted unanimously. No. 5 Appeal of R. Kyle and Susan Murray Appeal of R. Kyle and Susan Murray seeking a variance from Section 18.00, Dimensional Requirements of the South Burlington Regulations. Request is for permission to replace an existing 12' x 24' detached garage to within two (2) feet of the easterly side yard at 28 Proctor Avenue. Mr. Ward said this area is zoned R-4 District. Section 18.00 Dimensional requirements. Minimum side yard 10 feet, proposed side yard 2 feet, existing side yard 2 feet. Proposed replace 12' x 24' detached garage to within two (2) feet of easterly sideyard - existing garage is non -complying at 2 feet. Mr. Murray said this is an existing structure and predates the zoning ordnance. The driveway is within a foot of the property line. Neighbors would agree that it would enhance the property. It will probably fall down if it isn't repaired and it is the minimum variance that will afford relief. Neighbors have submitted a'letter stating that they would be glad to see me take it down and repair it. Mr. Ward said I have a letter from Peter Jeffery. Mr. Murray said this is only going to be a garage, there will be no change in the function and there will be no apartment above it. • The appeal was granted unanimously.