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HomeMy WebLinkAboutVR-01-01 - Supplemental - 0012 Sherry RoadLNEW1111"I MaKINKE CITY OF SOUTH BURLINGTON Re: APPLICATION OF ARNOLD & RITA COTA This matter came before the South Burlington Development Review Board pursuant to the provisions of 24 VISA §4468 on application of Arnold & Rita Cota, hereinafter "Applicants", for a variance to allow a front porch addition to project 2.5 feet into the required 30 foot front yard setback requirement, 12 Sherry Road. The Applicants were present at the public hearing held relative to this application. Based on evidence submitted at the hearing and as part of the application, the Development Review Board hereby renders the following decision on this application: FINDINGS OF FACT I. The owner of record of this property is David Sweet. 2. This property is located in the Residential Four District. It is bounded on the west by Sherry Road, on the north by a single-family residence, on the east by multi -family housing, and on the south by a single family residence. 3. The property has 73 feet of frontage on Sherry Road and. is 120 feet deep. The lot is relatively level with no exceptional topographical features. 4. The property is developed with one (1) single family dwelling. CONCLUSIONS OF LAW I . There are no unique physical circui-ristances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topography or other physical conditions peculiar to the particular property, and that the unnecessary hardship is not due to such conditions, and is due to the circumstances or conditions generally created by the provisions of the zoning regulations in the neighborhood or district in which the property is located. The lot is 73 feet by 120 feet with no exceptional topographical features. This lot was subdivided into the current dimensions in October 1997. I Because there are no physical circumstances or conditions, there is a 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 unnecessary to enable I reasonable use of the property. The property is currently developed with a single-family dwelling, which is a reasonable use of the property. 3. The unnecessary hardship has been created by the appellant. 4. The variance, if authorized, will after the essential character of the neighborhood or district in which the property is located, and will substantially or permanently impair the appropriate use or development of adjacent property, and will be detrimental to the public welfare. Allowing front yard encroachment greater than permitted by the zoning regulations would alter the character of the area. 5. The variance, if authorized, would not represent the minimum variance that would afford relief and would not represent the least modification possible of the zoning regulations and of the plan. DECISION Based on the above Findings of Fact and Conclusions of Law, the South Burlington Development Review Board hereby denies the Applicants' request for a variance to allow a front porch addition to project 2.5 feet into the required 30 foot front yard setback requirement, 12 Sherry Road in a district which requires a minimum front yard setback of thirty (30) feet, 12 Sherry Road, for the following reasons: The five (5) criteria necessary for the granting of a variance pursuant to 24 VSA §4468 have not been met. Dated this day of July, 2001 at South Burlington, VT Chair or Clerk South Burlington Development Review Board Please Note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VS.A. § 4471 and V.P, C.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 maybe lost because you waited too long. You will be bound by the decision, pursuant to 24 V.S.A. § 4472(d) (exclusivity ofremedy; finality). N liDlEVE1I,OPMENT RIE IIEW BARD MEMO DULY 24, 2001 MEETMG This property is located within the Residential Two District. It is bounded on the north by Keari Lane, on the west by a single-family residence, on the south by a single-family residence, and on the east by single-family residence. The proposed use complies with the stated purpose of the Residential Two District to "encourage lower moderate -density residential use." The proposed use will not adversely affect: a) the capacity of existing or planned community facilities. No effect expected. b) the character of the area affected. No adverse effect is expected. c) traffic on roads or highways in the vicinity. The proposed use is not expected to affect traffic. d) bylaws in effect. The proposal is in conformance with the zoning regulations. e) utilization of renewable resources. There is no utilization of renewable energy resources to be affected. f) general public health and welfare. No adverse effect is expected. Section 26.75 of the Zoning regulations: The occupancy of this accessory unit will be limited to the conditions of Section 26.75 of the Zoning Regulations including: a) Occupancy of the accessory residential unit is restricted to not more than two (2) persons, one of whom is related by bloodor marriage to the owner of the primary single-family residence, or is disabled as defined in subdivision 252(2) of Title 18, or is at least 55 years of age. b) Floor space of the accessory residential unit shall not exceed 30% of the floor space of the existing living area of the primary single-family residence or 400 square feet, whichever is greater. Information provided by the applicant indicates that the accessory residential unit will not exceed the size limitation of 30%. c) The primary single-family residence is occupied by the owner. The applicant has been made aware of these conditions and does not have a problem with them. 7) COTA — VARIANCE REO VEST, 12 SHERRY ROAD The applicants are seeking a variance from Section 25.00, Area, Density, and Dimensional Requirements, of the South Burlington Zoning Regulations. The request is for permission to allow a front porch addition to project 2.5 feet into the required 30 foot front yard setback requirement, 12 Sherry Road. This property is located in the Residential Four District. It is bounded on the west by Sherry Road, on the north by a single-family residence, on the east by multi -family housing, and on the south by a single family residence. Section 25.00 Area, Density, and Dimensional Requirements Variance Criteria: There are no unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topography or other physical conditions peculiar to the particular property, and that the unnecessary 7 DEVELOPMENT REVIEW BOARD I-WEMG SLY 24,2001 MEETING hardship is not due to such conditions, and is due to the circumstances or conditions generally created by the provisions of the zoning regulations in the neighborhood or district in which the property is located. The lot is 73 feet by 120 feet with no exceptional topographical features. This lot was subdivided into the current dimensions in October 1997. ® Because there are no physical circumstances or conditions, there is a 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 unnecessary to enable reasonable use of the property. The property is currently developed with a single- family dwelling, which is a reasonable use of the property. ® The unnecessary hardship has been created by the appellant. * The variance, if authorized, will alter the essential character of the neighborhood or district in which the property is located, and will substantially or permanently impair the appropriate use or development of adjacent property, and will be detrimental to the public welfare. Allowing front yard encroachment greater than permitted by the zoning regulations would alter the character of the area. * The variance, if authorized, will not represent the minimum variance that will afford relief and will not represent the least modification possible of the zoning regulations and of the plan. Staff recommends denial of Mr. & Mrs. Cota's request for a variance based on the apparent lack of conformance with the criteria. L, ?NZZAGALLI REALTY COMPANY — SITE PLAN- ADD IPA RKI GREEN MOUNTAIN DRIVE This project consists of a site plan application to amend a previously approved site plan for a 16,552 square foot general office building. The amendment consists of adding 20 parking spaces, 55 Green Mountain Drive. This property was last reviewed by the Planning Commission on January 24, 1995 (minutes enclosed). This property is located within the Commercial Two District. It is bounded on the north by the access drive to the UVM Horticultural Farm, on the south by a retail building, on the east by the UVIVI Horticultural Farm, and on the west by Green Mountain Drive. Access/Circulation: Access is cuffently.provided by a 27-foot wide curb cut on Green Mountain Drive, The applicant has proposed introducing a new 25-foot curb cut on Green Mountain Drive to service the new parking area. The applicant has requested a waiver under Section 26.103(a) of the Zoning Regulations for this second curb cut. Circulation on the site is adequate. Coverage/Setbacks: Building coverage is 13.1% (30% max). Overall coverage will increase from 3 1% to 39.1% (70% max). Front yard coverage will increase from 13.5% to 18.69% (30% max). All setback requirements are being met. 0 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 8461-4101 July 26, 2000 Mr. & Mrs. Arnold Cota 1396 Airport Drive South Burlington, VT 05403 Re: Variance Application, 12 Sherry Road Dear Mr.& Mrs. Cota: Enclosed please find a copy of Finding of Facts of the Development Review Board meeting on July 24, 2001. Please note that there are thirty (30) days in which this decision may be appealed. If you have any questions, please give me a call. Sincerel Sarah MacCallum Associate Planner Enclosure CITY OF SOUTH BUR LINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 July 20, 2001 Mr. & Mrs. Arnold Cota 1396 Airport Drive South Burlington, Vermont 05403 Re: Variance Application 12 Sherry Road Dear Mr. & Mrs. Cota: Enclosed is the agenda for next Tuesday's Development Review Board meeting, and my comments. Please be sure that someone is at the meeting on Tuesday, July 24, 2001 at 7:30 p.m. at the City Hall Conference Room, 575 Dorset Street. Sincerely, ' Sarah H. MacCallum Associate Planner CC: David Sweet Estate 12 Sherry Road South Burlington, Vermont 05403 SM/td Encls. ,a9 .i / #VR-01-01 CITY OF SOUTH BURLINGTON Re: APPLICATION OF ARNOLD & RITA COTA This matter came before the South Burlington Development Review Board pursuant to the provisions of 24 VSA §4468 on application of Arnold & Rita Cota, hereinafter "Applicants", for a variance to allow a front porch addition to project 2.5 feet into the required 30 foot front yard setback requirement, 12 Sherry Road. The Applicants were present at the public hearing held relative to this application. Based on evidence submitted at the hearing and as part of the application, the Development Review Board hereby renders the following decision on this application: FINDINGS OF FACT 1. The owner of record of this property is David Sweet. 2. This property is located in the Residential Four District. It is bounded on the west by Sherry Road, on the north by a single-family residence, on the east by multi -family housing, and on the south by a single family residence. 3. The property has 73 feet of frontage on Sherry Road and is 120 feet deep. The lot is relatively level with no exceptional topographical features. 4. The property is developed with one (1) single family dwelling. CONCLUSIONS OF LAW 1. There are no unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topography or other physical conditions peculiar to the particular property, and that the unnecessary hardship is not due to such conditions, and is due to the circumstances or conditions generally created by the provisions of the zoning regulations in the neighborhood or district in which the property is located. The lot is 73 feet by 120 feet with no exceptional topographical features. This lot was subdivided into the current dimensions in October 1997. 2. Because there are no physical circumstances or conditions, there is a 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 unnecessary to enable 7 reasonable use of the property. The property is currently developed with a single-family dwelling, which is a reasonable use of the property. 3. The unnecessary hardship has been created by the appellant. 4. The variance, if authorized, will alter the essential character of the neighborhood or district in which the property is located, and will substantially or permanently impair the appropriate use or development of adjacent property, and will be detrimental to the public welfare. Allowing front yard encroachment greater than permitted by the zoning regulations would alter the character of the area. 5. The variance, if authorized, would not represent the minimum variance that would afford relief and would not represent the least modification possible of the zoning regulations and of the plan. Based on the above Findings of Fact and Conclusions of Law, the South Burlington Development Review Board hereby denies the Applicants' request for a variance to allow a front porch addition to project 2.5 feet into the required 30 foot front yard setback requirement, 12 Sherry Road in a district which requires a minimum front yard setback of thirty (30) feet, 12 Sherry Road, for the following reasons: The five (5) criteria necessary for the granting of a variance pursuant to 24 VSA §4468 have not been met. Dated this day of July, 2001 at South Burlington, VT Chair or Clerk South Burlington Development Review Board Please Note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VS.A. § 4471 and VR.C.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 maybe 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). 2 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 July 20, 2001 Mr. & Mrs. Arnold Cota 1396 Airport Drive South Burlington, Vermont 05403 Re: Variance Application 12 Sherry Road Dear Mr. & Mrs. Cota: Enclosed is the agenda for next Tuesday's Development Review Board meeting, and my comments. Please be sure that someone is at the meeting on Tuesday, July 24, 2001 at 7:30 p.m. at the City Hall Conference Room, 575 Dorset Street. Sincerely, Sarah H. MacCallum Associate Planner CC: David Sweet Estate 12 Sherry Road South Burlington, Vermont 05403 SM/td Encls. o-E S ►�-� Fk i-- 73. a' Y ) c-:� o,1' -�-bk &L�_ w)zs ct o_A-k 14 I K i� 11 AV) e 4 t, fe � ip Po P c W _ w O lJ�n 07 City of South Burlington Application to Development Review Board Name of applicant(s) 41i 6 0 L b C, e CB�%i' Official Use APPLICATION # HEARING DATE FILING DATE (0 6 FEE AMOUNT a S Address % 3 9 (o 914a 2 f c^ QI ✓ L Telephone # (&Oz) 3y q 7 Represented by z4AWL l6+4,,TS Landowner -�N4V t C� S UO Ef k Location and description of property. / '--7 Sq'< &'+ d Adjacent property owner(s) & Address Type of application check one: ( ) appeal from of Administrator Officer (includes appeals from Notice of Violation) ( ) request for a conditional use ()-9 request for a variance ( ) other I understand the presentation procedures required by State Law (Section 4468 of the Planning & Development Act). Also that hearings are held twice a month (first and third Tuesdays). 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 hearing. Provision of zoning ordinance in question / Reason for app eal/ap p I i cat i o n _ WL 0W;, 4e 42 Y , R11' 11e E— 7 Other documentation y/0 Date SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 117, Title 24 V.S.A. the South Burlington Development Review Board will hold a public hearing at the South Burlington Municipal Offices, Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, , at 7:30 P.M. to consider the following: Application of seeking a from Section of the South Burlington Zoning Regulations. Request is for permission to CITY OF SOUTH BU1 LINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 July 16, 2001 Mz Graves 15 Sherry toad South Burlington, VT 05403 Dear Pr perty Owner: Enc- cse is a copy of a public notice published in the Burlington Free Press. It includes an application for development on property located nea= your property. This is being sent to you to make �,�ou aware that a public rearing is being held regarding the proposed development. If you would lice to,, know more about the proposed development, you may call this office at 846-4106 or lattend the scheduled public heaxin u Sin --rely, Raymond. J. Eelair Administrative Officer Enc].I, td 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 July 16, 2001 v Wayne Lawson S Sherry toad Sou-E-I ,t:�,rl±ngton, VT 05403 Dear Property Owner Enclosed is a copy of a public notice published in the Su=lington Free Press. It includes an application for development on property located neax your property. This is being sent to you to make you aware that a public hearing is being held regarding the proposed, development If you would like to know more about the proposed devaloprment, you may call this office at 846-4106 or attend the scheduled public hea=ing- Sincerely, Ray y C m Belair Administrative Officer Encl ./ td ANN, 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 July 15, 2001 Mr. George G®key 6 She==y Road South Burlington, VT 05403 Bear 2rcperty Owner: Ernclosec is a copy of a public notice published in tine Su=lington Free Press. It includes an application for development on property located Ynaa:-r ycur property. This is being sent to you 'to make you aware that a public hearing is being held raga=di ncr the proposed. development. If you would like to know more about the proposed develop e nt, you may call this office at 846-4106 or attand the sched---" nd public hea-ring Raymond J a Eelair Admin±strative Officer Erncl/ td 1) 1 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 Jule 10"', 2001 Ms. Lila Francis 5 Sher=y Road Scat::, ,VT 05403 Dees 2 perty Owner Enclosed is a copy of a. public notice published in the rva=lingtcn Free Press. It includes an application for dev-, opment on property located near your property. This is being sent to you to make you aware that a public wearing is :being weld regarding the proposed development If ti *-Mould like to know more about the proposed development, you may call this office at 846-4106 or attend the scheduled public hearing. Sincerely, Ra ,naond, J u Belaiz Administrative Officer Encl / td 1 1 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 2001 Mr. Roger Metivi,er 34 Sherry toad South Burlington, VT 05403 Dea- property Owner Enclosed is a copy of a public notice published in the Burlington Free Press. It includes an appi c .ti.on for de-velopment ,on property located nea: your property. This is being sent to you to make you aware that a public ]hearing is being held regarding the proposed development. If you would like to know more about the proposed development, you may call this office at 846-4106 or attend the scheduled public hearing. Sinaa=sl a Raymond J. Belair c il, .nistrative Officer Enc / td