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HomeMy WebLinkAboutVR-97-51 - Supplemental - 1579 Spear Street5) MARK KELLEY - 1579 SPEAR STREET Area zoned R-1 District. ` Section 22.20 Spear Street Ridge View Protection Zone, sub section 22.201. Height shall not exceed an elevation of 382 feet above mean ea level minus 3.1 feet for each 100 feet from the base line of Spear Street Ridge View Protection. Existing structure is non complying, proposed structure will exceed maximum height allowed by twenty-five (25) feet, maximum height allowed nine (9) feet. Planning Commission proposing an amendment to this provision. Hearing November 18, 1997. KELLEY RESIDENCE 1579 Spear St. So. Burlington VT Nov. 10, 1997 Request for Variance for relief from section 22.201 of the S. Burlington Zoning By -Law. Criteria #1: "That there be 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 due to such conditions, and not 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's unique position relative to the baseline used for the calculation of the maximum permissible height in this overlay district, combined with the lot's topography, create a physical circumstance which does not allow the owner to build any reasonable single family structure on this lot. This is best illustrated by analyzing the Kelley's existing home: The existing Kelley house, a single story ranch with a walk -out basement which is NOT A TALL HOUSE, is currently in non-compliance with the zoning by-law by 10.85' . ( See photo of existing low ranch -style house which is almost 1 1' too tall under the zoning by-law.) Criteria #2: "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 regulations and that the authorization of a variance is therefore necessary to enable the reasonable use of the property." The physical condition of the topography on this lot would require that the owner build a home no greater in height than 4'-9" ( current max. ht. permissable is 358.75' less grade at existing driveway which is 354' , results in 4.75' max. ht. allowable currently) . The inability to build a multi -story single family residence in a neighborhood of multi -story single family residences excludes the owner from the reasonable use of his property. Criteria #3: "That the unnecessary hardship has not been created by the appellant." The owner has no control over the natural topography of his lot or its position relative to the baseline. Criteria #4: "That the variance, if authorized , will not alter the essential character of the neighborhood or district in which the property is located, not substantially or permanently impair the appropriate use or development of adjacent property nor be detrimental to the public welfare." The proposed home is consistent in size and height with many in the neighborhood, and is in fact substantially lower than the nearest neighbor to the north ( Robert Hoehl, 1535 Spear St. - top of chimney = 391.9' ) Additionally, the proposed home will not interfere with the view from Overlook Park, and because of its location some 500' north of the Spear Street Ridge Baseline does not interfere from the view anywhere along that baseline. Criteria #5: "That the variance, if authorized , will represent the minimum variance that will afford relief and will represent the least modification possible of the zoning regulations and of the plan." The proposed home is a 1 112 story single family residence. Although desirous of a full 2 story home, the owner is willing to sacrifice headroom on the second floor, however a single story home does not meet the functional needs of the family, nor would it be consistent with the homes in the neighborhood - most or all of which a multi -story residences. Any less relief from the by-law will not result in reasonable use of the property. -4. ELEVATION 1 / V - 1 - %./ trot 3�g.%� ��lG�•e-d v - � a iir.r�q. . .. � l,�' jj' �'Ni'a � t'r ., ...__ ... r•. '.- \Yc.m.+)`'+,RSe.'�f ..� _ t } .i. ,� �si� �. : '�� _ i � i iy� � �71w!•iP +i ���CSf:T�...'�.."-i � Now VIP 4*1 It �/ b'. _i+ l �'�4L�.....� ..��rs.:j,..�.. iwai► itt��j i ;� 13 kY.. 14 bymo—I ��`; y '_�,-.....:....;_s......:. •cif _.... 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Sa i�'� ,4T. � ,j�yi �( M..L �( J :1* , r•, It 1'��+t` .1► r � �, r .' . iy �p >�• ^ �1 i. i � y�1" yt ` I t" � ., .1 Fr M1 l u. • 1!' ^rJ 1 " i „a. la f'; 4 ' Y �' !"� .�` 'fit y� 5�tt '1",•� }`4�t { \''�� � %� •t° �, I r ,) . ,� �1 _.. ~ �t'� ,�,� S 1�'r ,�p±uudd rl r ' r�i J /_ } " M ' ;�4 � � %Z �' A � „/V �4+':'^ 1 •A ? .,; . ,'Q • A`�• •�' , 1 + �i�j� ^ ti e �4 Iq R` '!��'411�? ^,. �, � ��i . '1 •- 1. i 1` j�s 1 }, .� 1. 7�`k�, ('j� 1, + t ) i' � r ,, .l� f^' �I' 1.r.^ `. . r f •:e tc e1'�.''• � h Cdn tXfo� � ,!. �! , •, .,.E •ti'rh � � .,1�Y +,� i. • V' � t,,� 1•'� i Y � e •t rn 10 �} �.� � �j\ Ste. • ,.w. ., .�'•. �,_ r}'. ,r r'^� b�xa'i' � � m r.. _ Y 1 +�t�.4" ,� � * � •r�"'t} y,J� F• I�w � . .�� S,, ,,., � A t , '1�# ,..` t: .iy�•r„ + 1 e1 '' .e, L{ t • s'11 r y'� t 't( �• Mr ' IM1 ; {r. M y r+ , ...i- r �/. ,,,purl Via... �. �• �'' �r �1� 4, �•'S.p!Y t i -�, `';tr 'i e �',l.'.'h •itlL ,- vc+•,R'. may. w7 1•• City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 October 28, 1997 Mr. Mark Kelley 1579 Spear Street South Burlington, Vermont 05403 Re: Zoning Variance Dear Mr. Kelley: ZONING ADMINISTRATOR 658-7958 Be advised that the South Burlington Zoning Board of Adjustment will hold a public hearing at the City Offices, Conference Room, 575 Dorset Street, South Burlington, Vermont on Monday, November, 10, 1997 at 7:00 P.M. to consider your request for a zoning variance. Please plan to attend this meeting and be prepared to address the enclosed variance criteria. If you have any questions, please don't hesitate to call me. Very truly, Richard Ward, Zoning Administrative Officer RW/mcp 1 Encl To: From: Date: Subject: City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 TEL. (802) 658-7953 FAX (802) 658-4748 MEMORANDUM Dick Ward, Zoning Administrator Chuck Hafter, City Manago_ November 4, 1997 Comment from City Council on November 10, 1997 Zoning Board Agenda OFFICE OF CITY MANAGER CHARLES E. HAFTER At the November 3, 1997 City Council meeting the Council reviewed the ZBA's November 10, 1997 agenda and requested the following comments be passed on to the ZBA: The Council is concerned with item #5, a request for a height variance in the scenic view protection zone. The Council strongly believes that proper procedure is for the appropriate board to review the scenic view protection zone and to amend the zoning if necessary rather than to issue a variance on an individual basis. The Council is also concerned about the precedent of a variance within the view protection zone. Any technical error in the view protection zone boundaries or specific height requirements should also be corrected through an ordinance amendment, rather than through a zoning variance. Please let me know if you need more information. CH/efw • Gv�k1f �•Ni�G L�w►,r� H�i4Nr- 7-0 382� - 3 / � Per /v0 � 40".1 bA+iG. /oeAfio." o-( rrmjoos��/ hovsG. SOUTH BURLINGTON i ZONING NOTICE In accordance with the i' South Burlington Zoning Reggulations and Chapter 117, Title 24, V.S.A., the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington Mu- nicipal Offices, Confer- ence Room, 575 Dorset Street, South Burlington, Vermont on Monday, No- vember 10, 1997 at 7:00 P M to consider the fol- lowing: #1 Appeal of Robert Shand and Daniel Gerard seeking approval from I Section 15.20 Condi- I tional uses sub section 1 15.226 Airport transient parking and long term parking of the South Bur- lington Zoning Regula- tions. Request is for per- mission to occupy a parcel of land containing 7.5 acres for transient and long term parking for a maximum of 300 vehi- cles located at the Ethan Allen Industrial Park. #2 Appeal of St. John Vianney Church, Robert Bouvier seeking a vari- ance from Section 26.00 Noncomplying struc- tures, subsection 26.002 1 extensions of the South Burlington Zoning Regu- lations. Request if for permission to construct a covered exterior stairway to within six (6) feet of the northerly property line located at 160 Hines- burg Road. #3 Appeal of Yoram Samets, Todd Lawliss agent seeking approval from Section 12.20 Con- ditional use sub -section 12.208 Day Care Center of the South Burlington Zoning Regulations. Re- quest is for permission to operate a day care center maximum of .39 children from an existing 7900 square foot struc- ture, located at 3 Baldwin Avenue. #4 Appeal of Dieter Gump seeking a variance from Section 26.00 Non- complying structures, sub section 26.002 ex- tensions of the South Burlington Zoning Regu- lations. Request is for permission to construct a 10' x 23' garage addition to within thirty four (34) feet of the required front yard (minimum setback 50 feet) located at 226 Spear Street. #5 Appeal of Mark Kel- ley seeking a variance from Section 22.201 Spear Street Ridge View Protection Zone of the South Burlington Zoning Regulations. Request is for permission to demol- ish an existing single family dwelling and con- struct a 2 story single family dwelling at a height twenty five (25) feet above an elevation setforth which estab- lishes the base line for the Spear Street Scenic View Protection Zone, lo- cated at 1579 Spear Street. Richard Ward Zoning Administrative Officer nctnher 25. 1997 Date City of South Burlington Application to Board of Adjustment Official Use APPLICATION # HEARING DATE FILING DATE fir' (o 199 7 FEE AMOUNT Applicant — Owner, lessee,(agent VT,—* lcr+g) Address '39 ` � X1'�� � Telephone # $oZ `ASS Landowner WvK Address 1579 4TVAP e `r ( Scz- ' o Location and description of property 'Sr. -gvS , �cr I EJ -9' � 7_b44 �_ 9 OVA 1_4 -/ 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 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 the hearing. Provisions of zoning ordinance in question 22,Zo1 The following documents are submitted in support of the application: -brc�rt�r-�pH 64f P_>�15 AV-: "_!24i4 A--4 , A -t:�, �vl t 11�4 V.4TccrUS ..�` zUP�S�b� Hearing Date Si§nature af�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 Dav of Week at Month and Date Appeal of seeking a from Section, DZLOI Time to consider the following: of the South Burlington Zoning Regulations. Request is for permission to t ,.�v�• �,�,t�1..6`e+ e%w•* .. may-, � � ��-� � <' � .•a.�.+� ..�.� �'" oe— s 7 L/1. 44,0"4�4< No Text WWI n" - -Y' JI AVAL of '' „ I ovOL0ac PARK ZONE , }►y, r _4. _____ .M �:: ------ :OVE1rOdC� 1. 116%, �:•�}1;.�1IJ•LII l'? ... - - - - - - - - - - - - - - - - •- - - ... A':,::: f11J'1','L5�'L;L j'.�l------ --- --------- ,,, ,: . {� : IJ. :}}I v —------- — ---- .�..•. C., .,III II Air •, f' .1rLJ,1, �. - •1 ------........ --- ------------- .pp ------------- .:.:.'•'''''''''':'Y.•.•.:::::::.:.:.:.•.. 'i4' ik;+,era=mot;,+'' 1 Building or Spear v P S011tCeS: View Protection Zones, Bartlett Brack watershed boundary, ad aipat approach )k Park VPZ cares drafted onto LW1988 orthophotos FI°°dptons Fran MODand t 9600 FEMA nsrm rate mops, transferred to Vermont State Plane coordinate system Traffic overlay zones from South Buriroon Plan •rig Camision Traffic Overiay map. Lake Charrpfan and Wrmski River shoreiine from 1988 t5000 orthophotos PoR d Bo rdaies — Abutting parcel map town boundaries (Burt— ingfon and Shebume), Yfmoski River centerine approximated from SCS Sol Survey, river shorelines (Wnooski, Colchester ad Essex), and Muddy Brock cernterine from 1988 t5000 ortih*tos (Wilton). M data in MD27, Vermont State Plaie coordinate system ARC 602. Production by Chitterden County Regional Pining Corrin-bon, 66 Peal St. Essex Jixtionn, Vermont 05453. PR 802-658--3004 FAX 802-874-3610. Disclaimer' The accuracy of nfamation presented is deterrmed by its sources errors and o riswns may exist. This map was riot dewed frorn a4e* studies or surveys, and is not suff6ent for delineation of features orrthe—grourd Ouestions of orr-the—goud location can be resolved by site irspectims, and/or surveys by q&?ed profemor& This map is rat suitable for determ* insurance poicns or prerruns, or for fnmad restitution f r* poides or practices This map identifies the oreseme of features, and may indicate redons bs between features, but 5 not a re*ement for surveyed nfwgion or m7ming studies.