HomeMy WebLinkAboutVR-02-01 - Decision - 0002 Brigham Road#VR-02-01
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of fact, application #VR-02-1 of Jonathan Tibbitts seeking a variance from
Section 25.00, Area, Density and Dimensional Requirements, of the South Burlington
Zoning Regulations. Request is for permission to allow a 27.5 ft. x 56 ft. single family
dwelling with attached garage and screen porch to project 33 feet into the required 50 foot
front yard setback requirement and project 10 feet into the required 25 foot side yard
setback requirement, 2 Brigham Road.
On the 16�' of April 2002, the South Burlington Development Review Board approved
the request of Jonathan Tibbetts for a variance from Section 25.00, Area, Density and
Dimensional Requirements, of South Burlington Zoning Regulations based on the
following findings:
1) This application consists of a request for a variance to construct a 56' x 27.5'
single family dwelling with an attached 21' x 21' garage and 12' x 14' screened
porch. The lot is currently undeveloped. The proposed structure would project
33 feet into the required 50 foot front yard setback requirement and project 10 feet
into the required 25 foot side yard setback requirement.
2) The owner of record is Ronald Charlebois.
3) This property located at 2 Brigham Road lies within the R1 District. It is bounded
on the north by Bartlett Bay Road, on the west by Brigham Road, on the east by
the Vermont Railway R.O.W., and on the south by an undeveloped parcel.
4) The parcel to be developed has an average depth of 58 feet and average length of
218.5 feet. It's approximately 12,673 sq. ft. in area.
5) The minimum lot size in the R1 District is one (1) acre.
VARIANCE CRITERIA
6) 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 unnecessary
hardship is due to such conditions, and not the circumstances or conditions
generally created by the provisions of the zoning regulation in the neighborhood
or district in which the property is located.
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a. The particular lot is shallow in that it is only 58 feet deep. The setback
requirements for the front and side would take up 75 feet resulting in no
space available for construction of a structure.
7) 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 regulation and that the authorization of a variance is therefore necessary to
enable the reasonable use of the property.
a. Applying the setback requirements results in no space available for
construction of any structure whatsoever.
8) That the unnecessary hardship has not been created by the appellant.
a. This is a pre-existing small lot not created by the appellant.
9) That the variance, if authorized, will not alter the essential character of the
neighborhood or district in which the property is located, substantially or
permanently impair the appropriate use or development of adjacent property,
reduce access to renewable energy resources, nor be detrimental to the public
welfare;
a. This property is located within a residential neighborhood with no
adjoining residences. The variance would not impair the use or
development of the adjacent property or reduce access to renewable
energy resources.
10) That the variance, if authorized, will represent the minimum variance that will
afford relief and will represent the least deviation possible from the zoning
regulation and from the plan.
a. It is the Board's opinion that the dwelling proposed is not excessive in size
and is in keeping with the houses in the neighborhood.
11) Staff recommends approval of the variance.
DECISION AND CONDITIONS
Based on the above Findings of Fact, the South Burlington Development Review Board
approves variance request VR-02-1 of Jonathan Tibbetts requesting a variance from
Section 25,00, Area, Density and Dimensional Requirements, of the South Burlington
Zoning Regulations. Request is for permission to allow a 27.5 x 56 foot single family
dwelling with attached garage and screen porch to project 33 feet into the required 50 foot
front yard setback and project 10 feet into the required 25 foot side yard setback
requirement, 2 Brigham Road, as depicted on a plan entitled "Tibbetts House 2 Brigham
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dwelling with attached garage and screen porch to project 33 feet into the required 50 foot
front yard setback and project 10 feet into the required 25 foot side yard setback
requirement, 2 Brigham Road, as depicted on a plan entitled "Tibbetts House 2 Brigham
Rd., So. Burl., VT." prepared by J. Tibbetts, dated 2/01/02, with the following
stipulations:
1) All previous approvals and stipulations which are not superseded by this approval
shall remain in effect.
2) The applicant has proven the need for the variance by addressing the five following
Variance Criteria:
a) 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 unnecessary
hardship is due to such conditions, and not the circumstances or conditions
generally created by the provisions of the zoning regulation in the neighborhood
or district in which the property is located.
The particular lot is shallow in that it is only 58 feet deep. The setback requirements for
the front and side would take up 75 feet resulting in no space available for construction of
a structure.
b) 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 regulation and that the authorization of a variance is therefore necessary to
enable the reasonable use of the property.
Applying the setback requirements results in no space available for construction of any
structure whatsoever.
c) That the unnecessary hardship has not been created by the appellant.
This is a pre-existing small lot not created by the appellant.
d) That the variance, if authorized, will not alter the essential character of the
neighborhood or district in which the property is located, substantially or
permanently impair the appropriate use or development of adjacent property,
reduce access to renewable energy resources, nor be detrimental to the public
welfare;
This property is located within a residential neighborhood with no adjoining residences.
The variance would not impair the use or development of the adjacent property or reduce
access to renewable energy resources.
e) That the variance, if authorized, will represent the minimum variance that will
afford relief and will represent the least deviation possible from the zoning
regulation and from the plan.
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The Board has determined the requested structure is of a reasonable size therefore the
variance requested represents the minimum variance that will afford relief
3) The applicant shall obtain a zoning permit within six (6) months pursuant to Section
27.302 of the zoning regulations or this approval is null and void.
4) Any change to the site plan shall require approval by the South Burlington
Development Review Board.
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Chair or'�� Date
South Burlington Development Review Board
Please Note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to
24 V S.A. § 4471 and V.RC.P. 76, in writing, within 30 days of the date this decision is issued The fee is
$150.00. If you fail to appeal this decision, your right to challenge this decision at some future time may be
lost because you waited too long. You will be bound by the decision, pursuant to 24 V.S.A. § 4472(d)
(exclusivity of remedy; finality).
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