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HomeMy WebLinkAboutBATCH - Supplemental - 0106 Central Avenueego southl-ni ' 6 w PLANNING & ZONING June 21, 2018 Re: #CU-18-08 — 106 Central Ave Dear Applicant: Enclosed, please find a copy of the Findings of Fact and Decision rendered by the Development Review Board concerning your recent applications. Please note the conditions of approval including that a zoning permit must be obtained within six (6) months. If you have any questions, please contact me. Sincerely, Marla Keene Development Review Planner Encl. CERTIFIED MAIL -Return Receipt Requested # 7018 0040 0000 1165 3123 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: L-carg Mtrh��S 5. ` jur1tr\gtan VT C Qj A. Signature X ❑ Agent ❑ Addressee . Received by (Printed Name) C. Date of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Priority Mail Express@ 11111 Jill 1111111 11111 !! ! 111 ❑ Adult Signature ❑Registered Mai" ❑ Adult Signature Restricted Delivery ❑ Registered Mail Restricted 9590 9402 3184 7166 4419 13 Certified Mail@ ❑ Certified Mail Restricted Delivery Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise 2. Article Number (Transfer from service label) ❑ Collect on Delivery Restricted Delivery ❑ Signature ConfirmationTM nsured Mail ❑ Signature 7 018 0040 0000 116 5 312 3 Insured Mail Restricted DeliveryRestricted Delivery Delive __ over$500) PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt Mn ,. a M � �, Ln —0 Certified Mad Fee $ Extra Services & Fees (crack box, add tae as appropnate) ❑ Return Receipt (hardcopy) $ - C3 ❑ Return Receipt (electronic) $ POStiT"9i+( C3 ❑ Certified Mall Restricted Delivery .$ i Here ❑Adult Signature Required $ tt p ❑Adult Signature Restricted Delivery 2 2 - � $ O Total Postage and 'Fees $ ^+: � EE3 Sent to - W(�+Ci+2is -------------- - ----------------------------------------------- EM Street �cd apf. ! lo., or ?O Bax No i TCo__C )rt& r rl{9_ -------------------- ------------------------------------- Crry,Staa,ZlP+-_' „r_ n_11 BOAT FOR SALE Well -maintained 1998 Sea Ray BR180 Fully outfitted. New cover and bimini. 2014 galvanized trailer. $5,800 OBO. 802-343-2710. BEDSIDE COMMODE: Excellent condi- tion, rarely used, can also be used over the toilet. Call 862-4200. (05/24) PONY SADDLE: 15" Collegiate saddle with stirrups and pads, very good condi- tion, $375 OBO. Call Kim, 802-863-3449. (05/24) TREADMILL: Horizon treadmill, like - new condition, complete with user manual, etc., gently and minimally used - by small person, features enable customized workout, $325 OBO. 802- 651-9799.05 /31) PUBLIC HEARING SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD The South Burlington Development Review Board will hold a public hearing in the South Burlington City Hall Conference Room, 575 Dorset Street, South Burl- ington, Vermont on Tuesday June 19, 2018 at 7:00 RM. to consider the following: Preliminary plat application #SD-18-17 of Peter Ewing to subdivide an exist- ing 9.7 acre undeveloped parcel into two (2) lots of 2.1 acres and 7.6 acres, 133 Cheesefactory Lane. Finalplat application #SD-18-18 of Catamount/Middlebury, LLC to re -subdivide two (2) lots of 2.9 acres and 12.2 acres, 1795 Shelburne Road and 68 Nesti Drive. Conditional use application #CU-18-08 of Larry Michaels to install a covered entry and porch to the front of an existing 2-storyhouse,106 Central Avenue. Bill Miller, Chair South Burlington Development Review Board A copy of the application is available for public inspection at the South Burling- ton City Hall. Participation in the local proceeding is a prerequisite to the right to take any subsequent appeal. May 31, 2018 theOther Paper • otherpa Yenva,t Education and Training Resources (ETR) and operations of NORTHLANDS JOB CORI 1, 2018 for all of the following positions: Career Services Manager - Oversees Acad( Academics - Academics Supervisor, Aca( Required), Testing/Scheduling Coordinator, ( Career Technical Training - CTT Supe (Carpentry, Certified Medical Assistan Administration, Welding and Advanced Welc Security and Safety - Safety/Security P Transportation Career Preparation - CPP/Counseling Supe Outreach/Career Transition Services - OA/ Services Specialists, Job Readiness Specialist Residential - Sr. Residential Counselor and 15 credits of social service/science classwork, Recreation - Recreation Supervisor and Recr Student HR Officer/SGA Leadership - (Incei Data Integrity - Compliance Manager and Records) Food Services - Food Services Supervisor, Sr. x7 south: . . PLANNING & ZONING Application # cu- j -D8 (office use only) CONDITIONAL USE / VARIANCE / MISCELLANEOUS APPLICATION FOR THE DEVELOPMENT REVIEW BOARD All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the site plan will result in your application being rejected and a delay in the review before the Development Review Board. Type of application (check one): Miscellaneous Application Request for a conditional use Request for a variance 1) OWNER(S) OF RECORD (Name(s) as shown on deed, mailing address, phone & fax #): Larry R. Michaels & Gretchen Gaida Michaels 2) LOCATION OF LAST RECORDED DEED (book & page #) Vol 1109 , Page 329 3 APPLICANT (name, mailing address, phone, fax #) ame as Owner. 106 Central Avenue, South Burlington, VT 05403 4) CONTACT PERSON (person who will receive staff correspondence. Include name, mailing address, phone & fax #, if�Iifferent from a ove): Larry R. Michaels Owner) (802) 349-8500 a. Contact e-mail address: larry@getoutofthecar.com 5) PROJECT STREET ADDRESS: 106 Central Avenue, South Burlington. 6) TAX PARCEL ID #: 0330-00106 575 Dorset Street South Burlington, VT 05403 tel 802.846 4106 fax 802.846.4101 www.sburl.com 7) PROJECT DESCRIPTION a. General Project Description (describe what you are roposing : Remove existing pergala (12' x 17' replace with covered porch (approx 9 x 1 ). Intable garden between street props b. Existin Uses on Property (including description and size of each separate use): Residential - single family. c. Proposed Uses on Property (include description and size of each new use and existing uses to remain): Residential - single family. d. Total building square footage on property (proposed buildings & existing building to remain): 1,800 total square footage. e. Height of building & number of floors (proposed buildings and existin buildings to remain, specify if basement & mezzanine): 3 floors, two (2) at street grade, one (1) below grade. f. Number of residential Units (if applicable, new units & existing units to remain): Number of employees & company vehicles (existing & proposed, note office vs. non -office employees): NA h. Other (list any other information pertinent to this application not specifically requested above, please note if overlay districts are applicable): please see drawings/elevations. 8) LOT COVERAGE a. Total parcel size: 7405 Sq. Ft. b. Buildings: Existing 11% %/ 800 Sq. Ft Proposed ° % / 9537- Sq. Ft. Conditional Use / Variance / Miscellaneous Application Form. Rev. 2-2018 } c. Overall impervious coverage (building, parking, outside storage, etc) Existing 18 %/ 1324 Sq. Ft. Propose- Sq. Ft. Front yard impervious coveragelbuilding, park5g4outside storage, etc) Existing // 00 L Sq. Ft. Proposed 6 % / 41USq. Ft. e. Total area to be disturbed during construction: 450 Sq. Ft. * Projects disturbing more than one-half acre of land must follow the City's specifications for erosion control in Article 16 of the Land Development Regulations. Projects disturbing more than one acre require a permit from the Vermont Department of Environmental Conservation. 9) COST ESTIMATES a. Building (including interior renovations): $ 9,000 b. Landscaping $ 250 c. Other site improvements (please list with cost): 10) ESTIMATED TRAFFIC: a. P.M. Peak hour for entire property (in and out): 11) PEAK HOURS OF OPERATION N/A 12) PEAK DAYS OF OPERATION MOU N/A 13) ESTIMATED PROJECT COMPLETION DATE Dec 31, 2018 14) PLANS AND FEE Plans shall be submitted which shows the information required by the City's Land Development Regulations. Three (3) regular size copies, one reduced copy (11" x 17"), and one digital (PDF-format) copy of the plans must be submitted. A subdivision application fee shall be paid to the City at the time of submitting the application. See the City fee schedule for details. NOTE: NOTIFICATION of ADJOINING PROPERTY OWNERS: Notification of adjoining property owners, in accordance with 24 V.S.A. §4464(a) and Section 17.06(B) of the South Burlington Land Development Regulations, is the responsibility of the applicant. After deeming an application complete, the Administrative Officer will provide the applicant with a draft meeting agendas or public hearing notice and sample certificate of service. The sworn certificate of service shall be returned to the City prior to the start of any public hearing. Conditional Use / Variance / Miscellaneous Application Form. Rev. 2-2018 I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. -, SIGNATURE OF APPLICANT rJ 11,4W /z &vim SIGNATURE OF PROPERTY OWNER PRINT NAME Do not write below this line DATE OF SUBMISSION: I have reviewed this application and find it to be: COMPLETE 1-1 Incomplete Administrative Officer Date The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call (802) 879-5676 to speak with the regional Permit Specialist. Conditional Use / Vanance / Miscellaneous Application Form. Rev. 2-2018 7s. r r r CITY OFS08URL O� h e k7ClS • .i SOWLEY S- BOALEY VOL.74 Pb.71 VOL.24P6,53 043 AC 0-10 AC. /F �s'�a.lrsc w o erWLE7 YOL-73 P64.? Grt' t CLERK'S OMCS k Boling10n. VL CL 1S!!8 AM 1%, ud r Vol Of an aeQe py Clert f xOJo i NO.110 rr7.L6 V 9 9 —N 17 7,P� EA 10 EP'rrif�r /P �, Q4 �9 !%'FA.- A/"FALE yy .BLAT—OFSURVEYSHIRLEYBOWLEY PROPERTY ,�';;;��'9'•�., CENT AL AVENUE SRB R 1NGT VT. Nth Z. WAR, e�.w meeucv . onncucricu arr..t.e. | @%| |\ % , ± ¥ {} ( \ ; & t | 0 CITY OF SOUTH BURLINGTON CERTIFICATE OF SERVICE I hereby certify that on this 1 day of MIN , 201�, a copy of the foregoing public notice fore— I �«'N— 1 uS� [type of application] # CG'- $- C�� [application number], was sent by U.S. mail, postage prepaid to the owners of all properties adjoining the subject property to development, without regard to any public right-of-way, and including the description of the property and accompanying information provided by the City of South Burlington. I further certify that this notification was provided to the following parties in accordance with 24 V.S.A. §4464(a) and Section 17.06(B) of the South Burlington Land Development Regulations: List of recipients: (full names and addresses) Pt s-c- + � }e Ifl 5� ,;["" W 09 Au r S &o f I i Dated at S- Bor Its' Mown/city], Vermont, this r day of 7)uIvc , 20 IT Printed Name: fatty c�iVic; 1 S Phone number and email: a. 51M Ste' Signature: �- - Date: 1, a1 Remit to: City of South Burlington Department of Planning & Zoning 575 Dorset Street South Burlington, VT 05403 South Burlington Sample Certificate of Service Form Rev 1-2012 anon rnr.F 12sJ :; i PLAN +ELEVATION _ RY�� LARRY MICHAELS RENOVATION sow A1.1 QUEEN CITY PARK SOUTH BURLINGTON VERMONT "'� No Text (802) 658-7956 O'50 B�Rt, 575 DORSET STREET `' tic SOUTH BURLINGTON 10 z VERMONT, 05402 h 4'4l RESOU%I- TO: Zoning Board FROM: Naturel Resources Committee, Sylvia Smith Chairwoman RE. Bowley Residence DATE: Friday, April 21, 1989 Members of the Natural Resources Committee inspected the proposed site/plan of the Bowley Residence at the request of Richard Ward, Zoning Administrator. The committee identifies the following as concerns relative to this proposal: - to place a home there would take away from the scenic quality of the area, the house itself would look out of place - the general safety and stability of the area is a serious consideration. It is our contention that the fragile balance on the hillside and steepness of the slope would result in cracked foundations and other stability problems for the structure itself. For this reason, we recommend an engineering study be done to properly evaluate this. - there will obviously be serious erosion problems on the hillside, within the conservation area and into the stream itself. Every measure possible should be instituted to counteract this problem. Again, an engineering study could recommend appropriate landscaping and barriers to minimize the effects of this. - the Natural Resources Committee maintains its position of opposing additional variances within the Conservation Zone. Being a major stream, a 100' setback should be specified from the center line of the stream. To the best of our calculations, this brings the.zone within 10' from the road. - the committee would like the zoning board to consider the option of a pull -off off the road in lieu of the garage. This would enable the structure to be built closer to the road, reduce the amount of fill needed, etc. - if the Zoning Board grants a variance, the Natural Resources Committee urges the board to grant the least possible given all considerations and options for the structure. The least amount of fill, digging, house size, etc., the lower the impact will be on the whole area. 134 Foster Drive Willimantic, Connecticut 06226 February 3, 1988 Mr. Richard Ward Zoning Administrative Officer City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 Dear Mr. Ward, Thank you for providing us with the South Burlington Zoning Notice re- narding Shirley E. Bowley's intention to build a two family structure at 108 Central Avenue. We would like to take this opportunity to state that we are absolutely against this appeal for several reasons. We are, however, unable to appear at the hearing on Monday, February 13, 1989. We hope that you will speak for us. We have the last summer camp on Central Avenue at 110. It has been in our family for over twenty years. Our neighbors (Eldred and Kenyon) have also been there for many many years. A two-family structure on such a small piece of land is simply not advisable. The building in question has no space for parking at this time. Where would four or more cars park? Usually they park on our land. For this and other reasons we would like to make our feelings known to the South Burlington Zoning Commission. Thank you for anything you can do to deny this request by Shirley E. Bowley. Sincerely, ealTZ'ce W. Bowle- Susan Burns Bowley Would you please continue to keep us informed of any decisions made on this appeal. Thank you. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 January 30, 1989 Shirley Bowley RR 2, Box 105-1 Richmond, Vermont 05477 Re: Zoning Board Hearing Dear Ms. Bowle,y: 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 on Monday, February 13, 1989 at 7:00 P.M. to consider .your zoning application. Please plan to attend this meeting. Very truly, Richard Ward, Zoning Administrative Officer RW/mcp l Enc1 SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zqning 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, February 13, 1989, at 7:00 P.M. to con- sider the following: 01 Appeal of Robert Butler seeking approval from Sec- tion 19.65 Multiple uses of the South Burlington Regula- tions. Request is for permis- sion to occupy an existing 9,900 square foot structure with a dual use (existing use storage and distribution) on a lot containing 40,200 square, feet located at 33 Commerce Avenue. N2 Appeal of Shirley E. Bowlsy seeking a variance from Section 18.00 Area, density and dimensional re- quirements of the South bur- lington Regulations. Request is for pernussion ro construct a two family dwelling on a lot contain, 5,662 square feet with 81 feet of front- age to within fifteen (15) feet of the required front yard nine 19) feet of the northerly side yard and ap- proximately fifty (50) feet from the center fine of Po- tash Brook, located of 106 Control Avenue. Richard Ward, Zoning Administrative Officer January 28, 1989 $OUTH BURLINGTON ZONING NOTICE In accordance with 'the South Burlington Zoning Reggulations and Chapter 117, Title 24 V.S.A. the South Burlington Zoning Board of Adjustment will hold a public hearing of the South Burlington Municipal Offices, Conference Room, 575 Dorset' Street, South Burlington, 'Vermont on Monday, April 24, 1989, at 7,00 P.M.1 to consider the following: ' 01 Appeal of Ernest and Joan Guilmoin seeking a va- riance from Section 18.00 Dimensional requirements of the'South Burlington Regula- tions. Request is for PPermis- sion to construct a 12' x 20' screened pporch to within eighteen (18) feet of the rear yard, located at 26 Mountain View Boulevard. Continued Next Column #2 Appeal of Veronica Lam- b 1 er• kingg approval from Se 9.65 Multiple uses of i, Auth Burlington Reg- ulations. Request is for per- mission to convert approximately 1500 square feet of a 4200 square foot structure into a beauty salon in conjunction with an exist- ing interior decorating 'cen- ter, d.b.a. Decorator's Delight, 31 Swift Street. 03 Appeal of Allan Berard seeking a proval from Sec- tion 13.20 Conditional uses sub section 13.222 contrac- tors including retail sales of the South Burlington Regulo- tions. Request is for permis- sion to operate a spa and swimming pool business in conjunction with a general contractor, d.b.a. Allan's Ex- cavating, at 73 Ethan Allen Drive. #4 Appeal of Shirley Row- ley seekingg a variance from Section 18112 Height of structures of the South Bur. linggton Regulations. Request is for permission to construct a single-family dwellingg at a height of forty five (45) feet from the rear of the struc- ture and at thirty five (35) feet from the front of the structure, on a lot containing 5,662 square feet located at 106 Central Avenue. #5 Appeal of William and Shohreh Eckhardt seeking a variance from Section 18.00 Dimensional requirements of the South Burlington Regula- tions. Request is for ppermis- sion to construct a 24' x 34' attached garage to within eight and one half (8'6") feet of the northerly side yard, located at 32 Brigham Road. fib Appeal of Dwight and Ann Churchill seekingg a vari- ance from Section 18.00 Di- mensional requirements of the South Burlington Regula- tions. Request is for Qermis- sion to construct a 8 x 10' screened pporch to within fourteen (14) feet of the required front yard, located at 64 Dumont Avenue. Richard Ward, Zoning Administrative Officer April 8, 1989 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 April 11, 1989 Ms. Shirley Bowley RR 2, Box 205-1 Richmond, Vermont 05477 Dear Ms. Bowley: 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, April 24, 1989 at 7:00 P.M. to consider your zoning application. Please plan to attend this hearing. Very truly, Richard Ward, Zoning Administrative Officer 2 Encls RW/mcp Page 1 of 1 ray From: Richard Parlato [rparlato@parlatoproductions.com] Sent: Friday, August 17, 2012 8:00 AM To: ray Subject: Fwd: 106 Central Avenue Begin forwarded message: From: Candice Campbell<candice. j.campbell(cD-gmail.com> Subject: 106 Central Avenue Date: August 10, 2012 7:57:53 PM EDT To: Richard Parlato <rparlato(aD-parlatoproductions.com> Hi Richard, Per your request I am establishing some facts about the house at 106 Central Avenue in South Burlington. The original house plan included a deck the length of the rear of the house and was approved by the South Burlington zoning office. The house construction and the rear deck took place over the summer of 1989 and both were completed in September of 1989. If you need additional information. Please let me know. Sincerely, Candice Campbe 8/17/2012 / 12 Pleasar. Ave. South Burlington, VT 05403 May 20, 1989 Mr. Fred Blais, Chairman Zoning Board of Adjustment City Hall South Burlington,VT 05403 Dear Mr. Blais, I am writing with regard to the appeal of Shirley Bowley, requesting permission to construct a house at 106 Central Ave. In reviewing some of the city records with regard to this property, there were some key questions that I found difficult to resolve. In reviewing this request for variance, you may agree that more clarification is in order. In looking at the tax maps for this particular property, it appeared that the lot at 106 Central Ave. was labelled as being connected to 108 Central Ave., owned by Shirley and Viola Bowley. In fact, 106 Central Ave. is not labelled separately on the map. Now, it's no secret that the tax maps for the Queen City Park area are not very accurate, so I spent a little time with the city records to see what was behind the labelling on the map. Unfortunately, in the card file for the land records, I could find no reference for the 106 Central Ave. property under the name of Bowley. The only reference for Shirley Bowley was the transfer in 1984 of the 108 Central Ave. property from Viola Bowley to the joint ownership of Viola and Shirley Bowley. This deed did not contain detailed booundary definitions. My confusion remains as to whether 106 and 108 are actually one piece of property, or one lot. Some earlier deed records could be missing. But it would seem that for transfers as recently as 1984, complete records would be available. Could this mean that the transfer on record included both 106 and 108 in the same deed? If this is true, and the tax map is accurate, does this mean that there is only one lot? If this is the case, then there is already a house on the lot. As a result, any variance would be inappropriate. Of course, the possibility is there that I simply failed to find the right documents, and that the Bowleys could clear this up easily. In view of the confusion in the city records, and the fragile nature of this building site, perhaps the Board could request that the Bowleys clarify the matter prior to proceeding with their request for a variance. Sincerely, ��L ��61 Stephen C. Crowley City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 May 8, 1989 Shirley Bowley RR 2, Box 205-1 Richmond, Vermont 05477 Re: Zoning application Po=r N1r. Bowley: 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 on Monday, May 22, 1989 at 7:00 P.M. to consider your zoning application as stated on the enclosed legal notice. Please plan to attend this meeting and to make a oral presenta- tion addressing the criteria as stated on the attached pink sheet. Very truly, Richard Ward, Zoning Administrative Officer 2 Encls RW/mcp Ab v 9 (5 8cl k got, ppr- Ar_Z 3 J •'E . .t•c3' 1 - Is•( Q* • ,1 ,-IN SOUTH BURUNOTON i ZONING NOTICE In accordance with the South'Burlington Zoning Regulations and Chapter, i ' 117, Title 24, V.S.A. the South ' Burkng�on Zoning Board of Adjustment will hold a public hearing at the South Burinnqt�oon Municipal i Offices, ,CConference Room, 575 Dorhet Street, South Burlington, Vermont on Monday. May 22, 1989 at 7:00 pp rh. to consider the followings i * 1 Appeal of Kenneth Smith seeking approval From Sec- tion 1 . Multiple uses and Section', 13.20 Conditional uses of the South Burlington, Regulations. Request is for Permission to occupy an, existing' structure with a' maximum of four uses, I.*., general contractors, whole- sale establishment, storage and distribution facilities. Building contains 7200 square feet located on a lot ; containing 41,400 square at, at 81 Ethan Allen Drive. . *2 Appeal of Mark E l,. William Yandow at seeking approval from.- tion 12.20 Conditionat use - sub section 12.225 auto- motive repair and service of the South Burlington Regulo- *w.1 keguest is for permis- sion i to operate an autobedy repair shop In' conjunction wrth existing au- tomotive services, on a lot containing 1.14 acres lo- cated at 5 Green Mt. Drive. M3 Appeal of Shirley Row- ley seeking a variance From Sectign 18.00 Dimensional requirements and subsection 18.105 of the South Burling- ton Regulations. Request is for permission to construct a single-family dwelling on a lot contaning 5,662 square feet with 81 feet frontage to within fifteen (151 feet of the required front yard and approximately lifter (56) feet from; the center I(mis of Po- tash Brook, located at 106 Central Avenue. #4 Appeal of Charles & Janet Perkins seeking a va- riance From Section 18.00 Dimensional requirements and Section 18.113 dwell- In-9 standarele of +h• Say+ Burlington Regulations. Re- ;quest ; s, for perfolssion to -conveft two ex4tin itruc- turei - into three dwelling r units, lot in question contains 15,282 square feet formerly occupied b the Linden - Inn. by units or* sub standard to mini- mum dwel size. Parcel in N question beirip part of the � I weiwwu,Ma ww w�w,u�, ► Road. #5 Appeal of Richard Grocey seeking a variance from Sectioh 11.10 Per- mitted uses and Section 19.65 ` M uses of the South Burlington Regula- tions. Request is for permis- sion to display a maximum of two power boats on a temporary basis in conjunc-. lion with an existing retail use, located at 1336 Willis- ton Road. 06 Appeal of Donal Bevins seeking p variance From Section 111.00 Dimensional Bequirements of the South urlington ReguloSons. Re - guest is for permission • to construct a 24' X 24' at- tached arage to within six- teen (() feet ar of the re fiord, 50 Sherry Road. i Richard Ward, f orsing Adrninistrativt d Officer May 6, 1989. Official Use City of South Burlington Application to Board of Adjustment " Date f�2 6I Applicant S1- 2L--Y I CDn L� Owner, leasee, agent APPLICATION # HEARING DATE FILING DATE FEE AMOUNT Address 9�d VC Telephone # 6_z;�F--cc�'� Landowner Address Pp-( 72IC tj F (C1�T� Location and description of property �•i %mil - Cill2�1� /j ��i�C� Type of application check one ( ) appeal from decision of Administrative Officer( )request for a conditional use ( X ) 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 U/'.P-I1J1C_n DPf���if%- Reason for appeal 5KIrpr,, 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. Hearing Date Sign ture 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 A p p e 1 Of seeking a � .q ,t ��,E_.<- �.- From Section lk • ou of ;the South Burlington Regulations. Request is for V ,-u ` E permission to-,c..r,,./a j, N%..- `%-- i Date City d'South Burlington Application to Board of Adjustment Applicant Address Owner, leasee, agent Telephone # Landowner Address Location and description of property Official Use APPLICATION # HEARING DATE FILING DATE FEE AMOUNT Tel # Type ©i application (check one ( ) appeal from decision of Administrative. Officb ( ) 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 advertisment 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. Provislons of zoning ordinance in question Reason for appeal 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. Hearing 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 dated, l�Appeal oft. seeking a �ljG4 04, Time €ro Section d./ of the South Burlington Regulations. Request is for permission City of South Burlington '- `-- Application to Board of Adjustment Date _ /-Y�✓• /�r � `� � - - Applicant Address Owner, lessee, age t %0, C 4M r n/D Yr i Telephone # Landowner CAI /� Address Official Use APPLICATION # HEARING DATE FILING DATE �'✓ FEE AMOUNTQ Tel # Location and description of property t Type of application (check one ( ) appeal from decision of Administrative Officb ( ) 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 ]regal advertisment 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 AA11 Reason for appeal f io ti r, .poi UA�£A !� A• 7`� 4/ ,%-(T-1;6 ✓' VVo�6 - The owner or applicant should submit along with this application copies) plans, elevations, landscaping diagramp (drawn to scale) traffic data and any other 'additional information which will serve as su t evidence to the Board. Hearing Date Signs ure of Appella Do not write below this line SOUTH BURLINGTON ZONING NOTICE In accordance wor th--tom--South- -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 da Time Appeal of - , /8� .. seeking a f / from Section /d-00 � . of the South Burlington Regulations. Request is for permission to,,,C1 101& 1qiv jet � ? p , l v;. d- -7_ ew' „e° Subject: Meeting with board Dick ward, zoning Administrator Dick, I am enclosing my application to meet with the zoning board on the Ath of February. The eight(8) copies of the preliminary plan will be forwarded to your office by tine 25th of January. Thank you for your help. Shirley Bowley BOWLEY, Shirley 106 Central Avenue Area zoned R-4 District.. Section 18.112 Height of structure. Maximum allowed 35 feet (from finished grade to the peak of the roof) . Proposed 45 feet from rear finished grade and 35 feet from front. Single-famiily dwelling proposed at March 27, 1989 meeting. All other request remain the same. ;S}lirle-'; i c r Lc, I1 ( f' cL ; i S 1 "C.'' Ll CL (i __ tI'. I . Tt = 1 _ - li __ C e P- e = t'l _FILIIil to L 'sL. e t Or C`+ '-I2 111„ 1.1I11 C 1 SCL ?S"L!1 C c' e L, l r o Il f LI k e , @ P __ C 11 1 j'erf r frontage. �Iillimt"tm rortr, Yard 30 feet, proposed 15 feet., ni--.2 ; icte ,yard 10 l 1., oronosed J eaL. n1I:1Llit seLJa IC PoLa,c:`t DroCi"_ ma.JO= �nt_'e a i_:} 1i_'f ?eL Y'iiP' Cer) er! 1(Ie oro1Jo ief_t cL(JU "O lli.a C l i 56, e,-- ( S= L c!n L iCJ } t°I'JPoSe.-'j Fir'o- cI'11:v lllli� 1 ) ) squa e OOG 1'1nI ,ii-'' - r M E M O R A N D U M To: South Burlington Zoning Board of Adjustment From: William J. Szymanski, City Manager Re: Appeal #2 Shirley Bowley, Queen City Park Date: February 13, 1989 At the City Council (meeting of February 6, 1989) during Council review of the Zoning Board agenda concern was voiced regarding the above referenced appeal. The concern is mainly the increase in density in an already congested area and the limited amount of buildable area of the lot. 134 Foster Drive Willimantic, Connecticut 06226 February 3, 1988 Mr. Richard Ward Zoning Administrative Officer City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 Dear Mr. Ward, Thank you for providing us with the South Burlington Zoning Notice re- garding Shirley E. Bowley's intention to build a two family structure at 108 Central Avenue. We would like to take this opportunity to state that we are absolutely against this appeal for several reasons. We are, however, unable to appear at the hearing on Monday, February 13, 1989. We hope that ,you will speak for us. We have the last summer camp on Central Avenue at 110. It has been in our family for over twenty years. Our neighbors (Eldred and Kenyon) have also been there for many many years. A two-family structure on such a small piece of land is simply not advisable. The building in question has no space for parking at this time. Where would four or more cars park? Usually they park on our land. For this and other reasons we would like to make our feelings known to the South Burlington Zoning Commission. Thank ,you for anything you can do to deny this request by Shirley E. Bowley. Sincerely, ti— Wal ace W. Bo Susan Burns Bowley Would you please continue to keep us informed of any decisions made on this appeal. Thank you. A CT E N i) A South Burlington Zoning Board of Adjustment City- Hall Conference Room 575 Dorset Street South Burl -i ngt,on, Vermont Regular meeting (07:00 P.M. Monday, )~'ebr•uary 13 1989 1) Appeal of Robert Butler seeking approval from Section i9.65 Mcil_t.i_ple uses. Request is for permission to occupy an etisting 9,900 square foot strucLure with a dua_i_ use (existing use storage and distribution) on a lot, containing 10,200 square feet 1 ocateci at. 33 Commerc i al Avenue. L) Appc=•a l of h. Bowtey seeking a variance from section 18.00 A i•ea , deics i Ly and d i mensi ona t r•egc-airemen Ls . Request is t'or- pf rm i ss i on l o cons t,i•uct a two fami ty dwell i nK on a -tot c c,III "i i n in14 a, 6 6 � scluai•e feet, wj Lh 81 feat_. of iron L a 9 e t.o i t I i n l'i Fteen ( 1 5 ) feet of the required Cy- onL yard, nine ( 9 ) fer-i_, of the northerly side ,yard and approximar,ely Fifty (50) feet from the center tine of Potash Brook tocated at 106 Gen L r•a I Avenr.w. . 3 ) i'1 i ricat.es and i'i nd ings January 9, 1989. Respectt'ul_i_y submitted, Richard Ward, Zoning Administrative Officer MCNEIL, MURRAY & ►SORRELL, INC. ATTORNEYS AT LAW 271 SOUTH UNION STREET BURLINGTON, VERMONT 05401 TELEPHONE (802) 863-4531 FAX (802) 863-1743 JOSEPH C McNEIL (1919-1978) JOSEPH E. McNEIL FRANCIS X. MURRAY WILLIAM H. SORRELL .JOHN T. LEDDY NANCY GOSS SHEAHAN STEVEN F. STITZEL PATTI R. PAGE• WILLIAM F. ELLIS LINDA R. LEROY (*ALSO ADMITTED IN N.Y.) Richard Ward South Burlington Offices 575 Dorset Street So. Burlington, VT 05403 RE: Existing Small Lot Dear Dick: March 3, 1989 OF COUNSEL ARTHUR W.CERNOSIA You have asked whether you can approve construction of a duplex on a 5,662 square foot lot located in the Residential 4 District designated by the South Burlington Zoning Regulations. This District establishes a minimum lot size requirement of 9,500 square feet for a single family residence. It establishes a 12,000 square foot minimum lot size requirement for a two family residence. For the reasons set forth below, it is my opinion that you are not required to approve this lot for construction of a duplex. It is my understanding that the subject lot qualifies as an existing small lot under the provisions of Section 18.110 of the South Burlington Zoning Regulations. This provision authorizes the development of this lot for uses permitted in the Residential 4 District. Such uses include single family, two family and multi -family dwellings. See Section 9.101. The Vermont Supreme Court recently decided this issue in Lubinsky v. Fair Haven Zoning Bd., 148 Vt. 47 (1987). In this case, the owner of an existing small lot that contained a single family residence requested approval to convert the residence into a two family dwelling. The applicable zoning regulations required a minimum of 10,000 square feet per dwelling unit. Since the subject lot did not contain 20,000 square feet, the Fair Haven Zoning Board denied the requested approval. On appeal to the Vermont Supreme Court, the property owner argued that the state law provisions regarding existing small lots (which are contained in Section 18.110 of the South Burlington Zoning Regulations) authorized deviation from the minimum lot size requirements contained in the zoning Richard Ward March 3, 1989 Page 2 regulations. The Vermont Supreme Court rejected this argument and upheld the decision of the town Zoning Board. It is my opinion that the Lubinskv decision controls the result in this case. As in the Lubinskv case, the South Burlington Zoning Regulations establish different minimum lot size requirements for single family and two family residences. If as the property owner contends, the issue were use and not minimum lot size, the lot owner would be equally entitled to construct a multi -family dwelling of any number of units on the same lot. As the Vermont Supreme Court noted in Lubinskv, this would grant the owner of an existing small lot development rights in excess of those available to the owner of a conforming lot. The Vermont Supreme Court ruled in Lubinskv that such a result would "stand the zoning law on its head and defeat its regulatory purpose." Lubinskv at 51. Very truly yours, G Steven F. Sti z I SFS#7/104 PLANNER 658-7955 a � GIN, of South Bux'illlaton 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 A `larch 1, 1989 Mr. Wallace W. Bowley 134 Foster Drive Willimantic, Connecticut 06226 Dear Mr. Bowley: ZONING ADMINISTRATOR 658-7958 To date no action has been taken by the Zoning Board regarding the Shirley Bowley appeal. The hearing is tabled until March 27, 1989. In another matter, it is my understanding that your property is still connected to a septic tank. Should this be a fact, you will be required to connect to the public system this spring. If ,you are already connected please furnish this office with an as - built design. If you have any questions please don't hesitate to call me. Very tryly, Richard Ward, Zoning Administrative Officer RW/mcp No Text City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 February 14, 1989 Shirley Bowley RR 2, Box 205-1 Richmond, Vermont 05477 Dear Ms. Bowley: ZONING ADMINISTRATOR 658-7958 This letter is to inform you that the Zoning Board of Adjustment has tabled your zoning appeal until Monday, February 27, 1989 at 7:00 P.M. If you have any questions please don't hesitate to call me. Very truly, j Richard Ward, Zoning Administrative Officer RW/mcp City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 March 28, 1989 Shirley Bowley Route 2, Box 205-1 Richmond, Vermont 05477 Dear Ms. Bowley: ZONING ADMINISTRATOR 658-7958 Be advised that your request for a zoning variance has been tabled to the next meeting, scheduled for Monday, April 24, 1989 at 7:00 P.M. In the meantime the City Engineer will be checking the area of concern. If you have any questions please don't hesitate to call me. Very truly, Richard Ward, Zoning Administrative Officer RW/mcp City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 March 29, 1989 Mr. Wallace Bowley 134 Foster Drive Willimantic, Connecticut 06226 Dear Mr. Bowley: ZONING ADMINISTRATOR 658-7958 Shirley Bowley has amended her request to construct a single- family dwelling on her Central Avenue property. The Zoning Board of Adjustment is interested in any comments you may have retarding the construction of a single-family dwelling. The next meeting is scheduled for April 24, 1989. Very truly, Richard Ward, Zoning Administrative Officer RW/mcp