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Home My WebLink AboutZB-99-0000 - Supplemental - 0091 Suburban SquareSOUTH BURLINGTON ZONING BOARD OF ADJUSTMENT STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Bruce & Darlene O'Neill Request for a variance 91 Suburban Square Findings of Fact, Conclusions of Law & Order This matter came before the South Burlington Zoning Board of Adjustment on July 12, 1999 by application of Bruce and Darlene O'Neill seeking a variance from Section 25.00 Area, Density and Dimensional Requirements of the South Burlington Zoning Regulations. Request is for permission to construct a 10' x 10' deck and steps to within approximately 15 feet of the front property line, 91 Suburban Square. The Board of Adjustment finds as follows: 1. This property located at 91 Suburban Square lies within the R4 District. 2. Appellant's lot is smaller and shallower than most adjacent lots. 3. The lot size was established in the 1950's and it no longer conforms with present zoning. 4. The house is a pre-existing noncomplying structure which does not meet the front setback requirement. This results in no improvements to the front of the house without a variance. 5. The hardship is created by the location of the house and the zoning regulations. 6. The authorization of the variance will not alter the essential character of the neighborhood. Other houses in the neighborhood have similar decks on the front. 7. The authorization of the variance will represent the minimum variance that will afford relief. The deck is small and replaces deteriorating cement steps. ORDER The variance to construct a 10' x 10' deck to within approximately 15 feet of the front property line at 91 Suburban Square is hereby GRANTED. Dated at City Hall, South Burlington, Vermont this day of , 1999. Fred Blais, Chairman South Burlington Zoning Board of Adjustment CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 August 5, 1999 Bruce & Darlene O'Neill 91 Suburban Square South Burlington, Vermont 05403 Re: Deck - Variance, 91 Suburban Square Dear Mr. Mrs. O'Neill: Enclosed is a copy of the Findings of Fact and Decision on the above referenced project approved by the Zoning Board of Adjustment. Please note the conditions of approval. If you have any questions, please give me a call. Sincerej}Y Ray d J. Belair, Administrative Officer JW/mcp 1 Encl Certified Letter # Z 462 927 059 P,4116-D 1?0 A v 30 a S ` �=►��n, l2oA � c,�,�T,�R No6 - �RoH, PRoP :2>y z,v,✓ 13 J ly 7::SAcoc3 S !v ' iRon to i to �R o-pi J3,q e ft Li ivy Pa RC N /4 / Rom pRoprz >y G,:t , 3,). 15�Ron-i axi-5777�vG-5--rA,QS �Sr'D�CvALK' a /R6- PoRrH S/ Z X i 3 w , p ii5 s re P s , Go AA cm POQc N Lw, vt wAy COL102.5 9;,'5T;:v67 51>w,2 s {[. . \( \\ \} _ \> � \ /( §: j( J[ CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 July 2, 1999 Bruce & Darlene O'Neill 91 Suburban Square South Burlington, Vermont 05403 Re: Deck - Variance, 91 Suburban Square Dear Mr. & Mrs. O'Neill: Enclosed is the agenda for your tabled variance application Please be sure someone is present on Monday, July 12, 1999 at 7:00 P.M. to represent your request. If you have any questions, please give me a call. Sincerely, ,mot aymond J. Belair, Administrative Officer RJB/mcp Encls MEMORANDUM To: South Burlington Zoni g Board of Adjustment . From: Raymond J. Belau, Administrative Officer Re: June 28, 1999 Agenda Items Date: June 18, 1999 1) BRUCE & DARLENE O'NEILL - DECK - VARIANCE This project consists of constructing a 10' x 10' deck onto the front of the house. This proposed deck would be 15 feet from the front property line. The set back requirement is 30 feet. This property located at 91 Suburban Square lies within the R4 District. CRITERIA REVIEW 1) There are no unique physical circumstances or conditions peculiar to this particular property. The lot is not irregular in shape as can be seen on the drawing provided. The lot is not narrow. It has 80 feet of frontage which is the same width as many of the lots in the neighborhood. The lot is not shallow as it is 100 feet deep on the west side and 120 feet deep on the ease side. The lot is not smaller than many of the lots in the neighborhood. The unnecessary hardship is due to the provisions of the zoning regulations and not to any unique physical circumstance or condition. The fact that the house location results in the need for the variance is not a physical condition unique to that particular property. It is the City Attorney's opinion that any man made structure can not qualify as a unique physical circumstance or condition. 2) Since there are no physical circumstances or conditions, there is a possibility that the property can be developed in street conformity with the provisions of the zoning regulations. The property is currently developed with a single family dwelling and attached garage which is a reasonable use of the property. The authorization of a variance is therefore not necessary to enable the reasonable use of the property. 3) The applicant is creating the hardship by proposing to construct a deck that does not meet the zoning regulations. 4) The authorization of a variance would not alter the essential character of the neighborhood, nor would it impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare. 5) The authorization of a variance will represent the minimum variance that will afford relief and will represent the least modification possible of the zoning regulations and of the plan. It does not appear that all five (5) criteria are met. CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 June 18, 1999 Bruce & Darlene O'Neill 91 Suburban Square South Burlington, Vermont 05403 Re: Deck - Variance, 91 Suburban Square Dear Mr. & Mrs. O'Neill: Enclosed is the agenda and my memo for your variance applicaiton. Please be sure someone is present on Monday, June 28, 1999 at 7:00 P.M. to represent your request. If you have any questions, please give me a call. Sincere Raymond J. Belair, Administrative Officer RJB/mcp Encls MEMORANDUM To: South Burlington Zoni g Board of Adjustment PYO From: Raymond J. Belair, dministrative Officer Re: June 28, 1999 Agenda Items Date: June 18, 1999 1) BRUCE & DARLENE O'NEILL - DECK - VARIANCE This project consists of constructing a 10' x 10' deck onto the front of the house. This proposed deck would be 15 feet from the front property line. The set back requirement is 30 feet. This property located at 91 Suburban Square lies within the R4 District. CRITERIA REVIEW 1) There are no unique physical circumstances or conditions peculiar to this particular property. The lot is not irregular in shape as can be seen on the drawing provided. The lot is not narrow. It has80 feet of frontage which is the same width as many of the lots in the neighborhood. The lot is not shallow as it is 100 feet deep on the west side and 120 feet deep on the ease side. The lot is not smaller than many of the lots in the neighborhood. The unnecessary hardship is due to the provisions of the zoning regulations and not to any unique physical circumstance or condition. The fact that the house location results in the need for the variance is not a physical condition unique to that particular property. It is the City Attomr-y's opinion that any man made structure can not qualify as a unique physical circumstance or condition. 2) Since there are no physical circumstances or conditions, there is a possibility that the property can be developed in street conformity with the provisions of the zoning regulations. The property is currently developed with a single family dwelling and attached garage which is a reasonable use of the property. The authorization of a variance is therefore not necessary to enable the reasonable use of the property. 3) The applicant is creating the hardship by proposing to construct a deck that does not meet the zoning regulations. 4) The authorization of a variance would not alter the essential character of the neighborhood, nor would it impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare. 5) The authorization of a variance will represent the minimum variance that will afford relief and will represent the least modification possible of the zoning regulations and of the plan. It does not appear that all five (5) criteria are met. June 18, 1999 South Burlington Zoning Board 575 Dorset Street South Burlington, VT 05403 Attn: All members We are writing this letter to support Bruce O'Neill's request for a variance to build a porch on the front of his house at 91 Suburban Square. We believe this addition will enhance his property. Sincerely, Michael D. Flaherty Paula M. Flaherty allAi- 1°1, I4Q t 6�, � n d- � - - - Of 6-t-� qau wlt�td Ak:t a V&Akc,ultcL 40 64Attt cdn d a ClIld- /-M LIM -f 0 A"k Aftk -IN AWN AON -A.., A--�, 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, June 28, 1999 at TOO P.M. to consider the following: Appeal of Bruce & Darlene O'Neill seeking a variance from Section 25.00, Area, Density and Dimensional Requirements, of the South Burlington Zoning Regulations. Request is for permission to construct a deck and steps to within approximately 15 feet of the front property line, 91 Suburban Square. Raymond J. Belair, Administrative Officer June 12, 1999 g/,/o /� qP 1� f � aC- " d-a Qdo-,,, CJ City of South Burlington Application to Board of Adjustment official Use APPLICATION # HEARING DATE Cv FILING DATE FEE AMOUNT 4 S Name of applicant(s) P r' -,. ,- 4 1)A R L(1) 'L I L C Address _ `// S,,;3,FL a3441 .Sj:�'2..gr.2 0 Telephone # s f(-3,L " 2 Represented by _ I,andow-ner Address "t i S�.:3 , t3 �.✓ S�J�.��E Location and description of property � / Su r3 � � i�, .g N � 0 � b r� �X i / � � G Adjacent property owner(s) & Address 24-fie/L ---5AeyA 8 V , D SG !/ I C Al '/ C s' S c��3 c�2 i3.�► � S c? . t"ypc 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 chat 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-sct the cost of hearing. Provision of zoning ordinance in question ` . i , ; i;'�, ,s C iC Reason for appeal LvA.v i Tu Cy ✓STR,1r: !2o v' _S- — OF j2At7O,617ry -6 Other documentation L iz7 '4' e'I r o F S , , Date 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, 5 75 Dorsct Street. South Burlington. Vermont on Monday, at 7:00 P.M. to consider the Following Appeal of ___ seeking a _ from Section of the South Burlington Zoning Regulations. Request is for permission to ZONING BOARD OF ADJUSTMENT 24 MAY 1999 The Zoning Board of Adjustment of the City of South Burlington held a regular meeting on Monday, 24 May 1999, at 7:00 p.m., in the Conference Room, City I fall, 575 Dorset Street: Members Present: 1). Johnston, Acting Chair; R. Kay, G. Chamberland, L. Llewellyn Also Present: R. Belair, Zoning Administrator; G. Rabideau, J. Larkin, R. Ward, D. Rendall, J. & S. Hoebl, R. floehl The Chair noted that there were only 4 members present. Mr. Llewellyn works for John Larkin, but has not worked on either of the projects on the agenda. If he were to step down, there would be no quorum. Members had no problem with Mr. Llewellyn continuing to sit on the two Larkin appeals. 1. Appeal of John Larkin, Inc., seeking approval from Section 26.65 Multiple uses. Request is for permission to occupy an existing 10,200 sq. ff. building with a maximum of four tenants, 3000 sq. ft. ofinedical offices and 7200 sq. 11. ofgeneral offices located at 410 Shelburne Road: Mr. Belair said the applicable ordinance sections are Section 26.65 and Section 26.05, also sub- sections 12.101 and 12.102. The building is 60' x 85' on a 240' x 236' lot. 3000 sq. ft. would be for medical office use and 7200 sq. 11. liar general office use. Mr. Rabideau said this is the existing Larkin Realty building which now has a multiple of uses. The radio station has left, and they want to add medical offices in that space. The site already has a parking waiver, and no new parking is being proposed. The appellant will connect two adjacent sites, which would be optimal for shared parking. In addressing the criteria, Mr. Rabideau said there would be no impact on city facilities. The building will not be increased in size. There is no excessive traffic impact on the neighborhood and no health related impacts. Mr. Belair noted the proposed use will actually generate less traffic that the previous use. Audience comments were solicited but none were made. In the vote that followed, the appeal was granted 4-0. 2. Appeal of Donald and Sandra Rendall seeking a variance from Section 25.00 Dimensional Requirements and Section 26.00 Noncomplying Structures of the South Burlington Zoning Regulations. Request is l r permission to demolish an existing carport and replace with a 28' x 28' garage and 10' x 24' breeze way located to within forty feel of the required front yard, at 51 Old Farm Road: 1 ZONING BOARD OF ADJUSTMENT 24 MAY 1999 PAGI: 2 Mr. Belair noted this falls in the R-1 District. Mr. Rendall explained that the new carport will be one foot longer (to the north) and two feet deeper (to the west) than the existing structure. It will not get any closer to the road. At present, the appellant has to back out of his driveway onto Old Farm Road. Because of recent road upgrading, traffic moves through there much faster than it used to, and it has become dangerous to back out. With the location of the new carport, it will be possible to exit nose first. The driveway will be relocated 20 ft. to the north. Mr. Rendall said Sonny Audette has approved the location. There is a culvert under the driveway which will be replaced. The existing curb cut will be closed. Mr. Rendall showed pictures of the existing carport. The question was raised as to whether there were plans to widen the right-of-way. Mr. Ward said there were none. In addressing the criteria, the appellant said the unique physical circumstance is the location of the house which predates zoning regulations. There is also an existing ledge and drainage problems which can't be solved with the existing location of the driveway. The hardship was not created by him. The proposed changes won't affect the character of the neighborhood, and they are asking for the minimum variance possible. There will be no more non-compliance than now exists. Audience comment was solicited. None was made. In the vote that followed, the appeal was granted 4-0. 3. Appeal of John and Martha Iloehl seeking a variance from Section 26.00 Noncomplying Structures and Section 25.00 Dimensional Requirements of the South Burlington Zoning Regulations. Request is for permission to construct a 8' x 70' wrap -around porch to within forty-five feet of the required front yard located at 900 Dorset Street: Mr. Belair said the property is in the Southeast Quadrant District. The appellant is proposing to remove the current porch. The 45 fl. setback will be maintained. Mr. Hoehl showed the location of the porch. Because of the way the house was constructed, he cannot insulate in the original part of the building. The proposed porch would provide added protection from the wind as it would wrap around and enclose the original part of the house. The porch will also allow use of the front door which can't be used now because steps can't be put in. 2 ZONING BOARD OP ADJUSTMENT 24 MAY 1999 PAGE 3 Members noted that there will actually be 22 feet more covered space in the encroachment but it will be no deeper than at present. Members noted that the encroachment is due to the taking of land by the city for the road and bike path, and that the hardship was not created by the appellant. Audience comments were solicited. None were offered. In the vote that followed, the appeal was granted 4-0. 4. Tabled appeal of H.F.B. and Lang Realty (appeal #1, May 10, 1999), 550 Hinesburg Road: This item remained tabled. 5. Tabled appeal of John Larkin (appeal #l, April 26, 1999) 90 Allen Road and 16 Harbor View Road, construct a 14' x 40' canopy covered walkway within zero feet of the rear property lines: Mr. Belair said the property is in the C-2 District. The required rear yard setback is 30 ft. The appellant proposed zero feel. The canopy runs between two elderly housing projects. Mr. Rabideau showed the 2 properties. Ile noted that the connection was included in the plans, but the enclosing of it was not. They enclosed it when they realized that elderly people could not use it safely in bad weather. Residents of one project actually take their communal meals in the other facility. Mr. Johnston asked why this isn't made one property. Mr. Belair said the Zoning Regs won't allow. Mr. Johnston asked if putting a structure between the two buildings doesn't actually merge them. Mr. Belair said no. Mr. Belair said it is his feeling that this does not meet the criteria for a variance. Members asked it' the structure can be taken down in good weather. Mr. Rabideau said the sides come off. The structure doesn't meet the standard for a permanent structure. He felt the circumstances were unique because of the physical needs of the population, and to achieve the goal another way would require more variances. Mr. Belair noted that the structure completely blocks the city's bike path when the sides are down. Mr. Larkin said they have worked this out with the Bike Path Committee, and they are OK with the sides being down in winter. Members questioned whether the hardship was created by the appellant who built the structure for use 3 by senior citizens. ZONING BOARD OF ADJUSTMI?NT 24 MAY 1999 PAGE 4 They found it difficult to believe the problem wasn't anticipated. Mr. Larkin said he thought there would be no problem covering the sidewalk. Mr. Johnston noted that a canopy is a structure under the Zoning Regulations. Mr. Kay asked why lix)d can't be brought to the other building. The appellant said that they try to create a communal setting liar residents by having them eat together. Members felt that a variance, if allowed, should be for this use only, noting that in the future the buildings could become hotels or other uses. Audience comment was solicited. None was offered. In the vote that followed, the appeal passed 4-0. The Chair then made a presentation to retiring Zoning Administrator Dick Ward on behalf of the Board.. 6. Minutes and Findings of Fact, May 10, 1999. Mr. Chamberlain moved to approve the minutes of May 10, 1999 as submitted, the motion was seconded by Mr. Llewellyn. The vote in favor was unanimous. Mr. Kay moved to approve the Findings of Fact, seconded by Mr. Llewellyn. The vote in favor was unanimous. The meeting was adjourned at 8:45 P.M. Respectfully submitted, Randal Kay, Clerk 4 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, June 28, 1999 at 7:00 P.M. to consider the following: Appeal of Bruce & Darlene O'Neill seeking a variance from Section 25.00, Area, Density and Dimensional Requirements, of the South Burlington Zoning Regulations. Request is for permission to construct a deck and steps to within approximately 15 feet of the front property line, 91 Suburban Square. June 12, 1999 Raymond J. Belair, Administrative Officer g �e Al n U P- 1J� �AA 9 Lf X4, I[Alle 06-- lyl &-A4 f It? Ped I Y I Alvp Su��2 � �-- �i�r✓ n � k F4 -SIS GPI 4AX F-- 1 t+ MdtE FA' 1� %NC B ell t-s G C, �.- t �r✓I s W�= fM� A WAP K A44114(o j 0Yr VA H 6PF I GKi IttfV , EMarjorie Sevigny D Sevigny 65 Suburban S . 65 Suburban Sq y S. Burlington, VT 05403 South Burlington VT 05403.6468 To Whom It May Concern: I would like to make it known that I have absolutely no problem with Bruce and Darlene O'Neill putting on a small deck on the front of their home. Thank you Lori Drumm 90 Suburban Square So Burlington, VT 802-862-1264 NNi( 7 o ; `6 t (A .eju No Text