HomeMy WebLinkAboutBATCH - Supplemental - 0046 Swift StreetST. AMAND, Albert
46 Swift Street
Area zoned C-1 District.
Original request for a variance denied August 13, 1990.
October 22, 1990 Zoning Board of Adjustment ruled "no new evi-
dence, request for new hearing denied."
November 21, 1990, Mr. St. Amand request permit to rent U-Haul
trucks as an accessory use. November 26, 1990 permit denied.
December 19, 1990, appeal from administrative decision filed.
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MEMBER
MEMBER
Nis,, 4bSWIFT STREET * SOUTH BURL|NGTONVERMONTO54O1 */8O218d3-88OO SOTOWRAGE
���WCE
November 21, 1990
Mr. Richard Ward
Zoning Department
City of So. Burlington
So. Burlington, Vt. 05403
Dear Dick:
I am requesting a permit to allow us to rent U-Haul
trucks from Easy Self Storage, located at 46 Swift Street.
We feel that this is a permitted use under the accessory use
provision of the zoning codes.
Not withstanding the fact that the mini -storage required
a variance, the use of moving trucks is incidental and
accessory to the conduction of the business. The fact that
the rental forms are filled out at the business office will
not affect the character of the present on going business.
We will await your reply in the near future.
Sincerely,
September 17, 1990
Richard Ward
Zoning Administrator
City of So. Burlington, Vt. 05402
Dear Mr. Ward; re: Easy Self -Storage:
During my discussion with you prior to application for the
zoning permit relating to the rental of U-Haul Trucks, I was led
to believe, whether misunderstood or unintentionally incorrect,
that my application was neither unusual nor excessive. I relied
on that counsel and that, in routine fashion, the Board would
likely approve the application. As a result, to save the board
time on an item expected to be non -controversial, I offered no
detailed or compelling testimony in support of my application.
I would like to have the opportunity to do so now:
ARGUMENT
1). There are unique physical circumstances.
My self -storage location essentially has fencing and a walls -
within -a -wall configuration, already providing the ultimate in
screening of the proposed use. Vehicles will be mostly blocked
from public view by both the exterior fencing and the self -storage
buildings themselves. No other type of retail commercial business
has this degree of visual buffering already in place.
2). The proposed use represents a reasonable use of the property.
Do-it-yourself househod moving trucks and trailers are
considered necessary and essential consumer products. Most
social scientists acknowledge the central role that the availability
of such equipment has had on overall national and regional mobility
rates.
Over the past twenty years, an appropriate and socially
useful relationship has developed between rental trucks and
trailers, and self -storage operations.
* Both products and operations are consistent with the
objectives of South Burlington's C-1 zone.
* It does not introduce a use or vehicle that is not
already there on a regular, if not daily, basis.
* It does not increase traffic more than an insignificant
amount, usually less than 10% on weekdays, slightly more
on weekends.
* It does not introduce objectionable noise, dust, or
odors.
3). A denial of this application would create a hardship in
that I would be denied a reasonable accessory use of my property.
I ask to be able to add this use as a fair and logical
interpretation of the ACCESSORY USE definition in the South
Burlington Zoning Regulations:
"ACCESSORY - A use ... on the same lot, and of a
nature customarily incidental and subordinate to
the principal use ..."
The use proposed is subordinate to and, in fact, dependent
upon the primary use, self -storage. The anticipated income from
rental equipment is a fraction of that earned from the primary
use. The use is offered as a convenience to my customers, and to
prevent unnecessary traffic and travel time.
Courts have long quoted from I. Rathkopf (3rd Ed.),
The Law of Zoning and Planning, 23-10, to define the word
"customarily" in a zoning use context:
"No doubt the degree of use is a factor.
The practice should be sufficient to
justify the observation that (it) is not
unique or rare. It should be sufficient to
constitute a recognized mode of activity in
the field, but it need not be the more
prevalent one."
Accessory use at a self -storage location is justified on
the basis of historical use, economic necessity, similarity of
use, and nhvsical suitability.
a. Historically. This activity(the rental of trucks
and trailers from the self -storage locations) has
been going on in this country since the early 1970's.
U-Haul itself, in fact, is the largest self -storage
operator in the United States, with nearly 800
locations. There are an additional 1900 self -storage
locations that rent do-it-yourself rental trucks
from one of the four national brands.
With 2,700 self -storage locations currently renting
trucks, this activity certainly meets the definition
of "customarily" incidental ... to the principal
use ..."
When customers came to ask about renting space at my
location, they often ask where the nearest U-Haul
dealer was. They are now tickled to find they can
get everything they need for their move at one;place.
b. Economically. The economics of unused land and labor
enables a self -storage operator to add necessary and
significant income to his location (thereby improving
the productivity of the property) without increasing
either capital (land) or labor costs.
c. Similarity of Use. Rental trucks and trailers are
vehicles most commonly used to bring items to and from
self -storage units. Such vehicles are a common and
accepted sight at self -storage locations. The rental
activity does not change the nature of the business
being conducted at the location visually.
The addition of a few units being offered to rent is
rarely recognized as anything different than the normal
coming and going of these rental trucks by customers
moving their personal belongings.
d. Physical suitability. Self -storage operators provide
customers with hard -surfaced locations with wide means
of ingress and egress to their property -- an ideal
situation for the rental of do-it-yourself trucks.
4). Variance would NOT alter the character fo the area, even
though residential use abuts the property.
First, U-Haul rental trucks are specifically designed,
engineered, and manufactured for the do-it-yourself movement of
personal household belongings by homeowners and apartment dwellers.
Their presence at this facility could hardly alter the character
of the area since they are the most common method of household
moving, bring used by 5.25 million Americans each year. Another
5.0 million citizens will use the rental trucks of U-Haul's
competitors, making rental trucks a common sight in any neighbor-
hood.
Second, having several small U-Haul dealers in a community
reduces unnecessary traffic by offering a product within the
immediate neighborhood, and saving people from having to drive
longer distances to a dealer in another part of the county.
Third, do-it-yourself household moving trucks are the same
weight, width, length, and height as vehicles commonly found in
residential neighborhoods. One-third of U-Haul's fleet is composed
of a vehicle with a 4,400 pound empty weight -- not much more than
a full-size American car and much less than commonly -seen tricked -out
4x4 pick-ups which can reach 8,000 lbs. One third of its fleet
consists of7,000 pound empty weight econovans, again an accepted
and common vehicle on residential streets. The last third of its
fleet are trucks under 18,000 lbs. GVWR, no larger than Class A
recreational vehicles which are commonly owned and found in
residential neighborhoods.
Given the above stated reasoning, we
rentals should be allowed as an accessory
city zoning codes, and that such rentals
character of or the usage of the area as
I look forward to your response.
feel that U-Haul truck
use as defined by the
would not change the
it now exists.
Sincerer
Albert L. St.Aman
Operating Partner
14 �Z
-4-
>�a
Mr. Barrett said all my equipment is parked in the back. Our work is out not
there. We do maintenance on our equipment at night.
Mr. Lane said his equipment is parked up against my property line right now.
Mr. Graf said it has been explained to me that those vehicles are there
anyway. There wouldn't be any more vehicles there and this would be a carport
to keep the snow out. I look at that as an improvement on appearance so you
don't see the equipment. I would think it would provide a sound barrier. I would think that would be an enhancement to the area.
There was some discussion as to the location of the building, etc.
Mrs. Bouchard said what if your business does continue to expand.
Mr. Barrett said I'm lucky to keep going with the economy as it is going now.
This is an improvement over what is there now.
Mr. Randazzo asked what part of this projected building was started? Mr.
Barrett said the back wall. Mr. Randazzo asked why was that started without a
permit? Mr. Barrett said I didn't know - I thought we had our setback.
Mr. Sheahan said you're still required to get a building permit. Mr. Barrett
said I had a building permit. The office is mainly required to have a place to
hold safety meetings. This would be the same size only upstairs.
• Mr. Lane said the office building is non -complying and does not meet any of the
criteria. It's going to be difficult for my tenant - raising another structure
and adding more to a bad situation. I'm very opposed to any change in the
front. There is no room and it doesn't fit in with the character of anything
there. It would hurt my rental.
Mr. Graf said we don't have much choice but to go as warned. Mr. Barrett said
I can drop the front office. The back is more important to me.
Mr. Graf moved that if Gary Barrett is willing to drop the front office from
the appeal that we accept that and we move on the shed of the storage area in
the back only. This was seconded by Mr. Randazzo and there were 3 yeas and 2
nays. Mr. Blais voted along with the yeas and called the question.
The appeal was denied 5 - 1 with 1 abstention.
No. 5 Consider the request of Albert St Amand for another appeal at Easy
Self storage, Swift Street.
Mr. Ward said Mr. St. Amand requests to be re -heard and you as the Board have
to decide as to whether there is enough change in the appeal from what was
denied in August.
Mr. St. Amand said I didn't come prepared to discuss this tonight but the
letter pretty much explains that this is an accessory use.
11
J
-5-
Mr. King asked Mr. Ward if he would consider this an accessory use and Mr. Ward
replied I would not consider this an accessory use.
Mr. Sheahan said I fail to see any new evidence.
There was some discussion as to how to vote on this.
Mr. Ward said this whole use is not allowed there.
Mrs. Bouchard said I would like to make the motion that there
evidence and therefore the re uest for a
seconded b new hearin is no new
y Mr. Sheahan and there were 5 be denied. This was
yeas and 2 nays.
The request for the appeal has been denied for rehearing -
Mr.
Kin
g moved that we acce t the findin s of fact and the minutes of Se t
10, 1gg0 This was seconded b
y Mrs. Bouchard and all voted aye. ember
Mr. King moved for adiournment
meeting adjourned at 8:15 PM.
This was seconded by Mr. Sheahan and the
lerk
M E M 0 R A N D U M
To: South Burlington Zoning Board of Adjustment
From: Richard Ward, Zoning Administrative Officer
Re: Self storage facilities
Date: January 4, 1991
This office conducted a survey in the Greater Burlington Area.
Six self storage locations were contacted. The question per-
tained to the renting of truck, vans or trailers in conjunction
with the storage facility - results were only one location in
Essex rents trucks. The original approval granted to the Marek
Brothers (use variance) never considered truck rental as part of
the evidence submitted. I strongly believe that truck rental
should not be considered as an accessory use.
City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
FAX 658-4748
PLANNER
658-7955
Mr. Albert St. Amand
Easy Self Storage
46 Swift. - treet
South Burlington, Vermont 05403
Re: Zoning appeal, 46 Swift Street
Dear Mr. St. Amand:
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, January 14, 1991 at 7:00 P.M. to
consider your zoning application.
Please plan to attend this meeting.
Very truly,
Richard Ward,
Zoning Administrative Officer
1 Encl
RW/mcp
��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 Mu-
nicipal Offices, Confer-
ence Room, 575 Dorset
Street, South Burlington,
Vermont on Mondayy Jan-
uary 14, 1991 at 7:00 pm.
to consider the following:
#1 Appeal of Alan Palmer
seeking approval from
Section 13.20 Conditional
uses, sub section 13.205
Automotive repair and
Section 19.65 Multiple use
of the South Burlington
Regulations. Request is
for permission to occupy
an existing 50'x150'
structure with an auto-
motive repair shop (ap-
proximately 2500 square
feet) and a general con-
tractor (approximately
5000 square feet) on a lot
containing 2.09 acres and
120 feet frontage, located
at 20 Palmer Heights.
#2 Appeal of Donald Car-
ney seeking a variance
from Section 18.00 Di-
mensional requirements
of the South Burlington
Regulations. Request is
for permission to subdi-
vide an existing lot into
two lots with one lot con-
taining approximately
10,200 square feet and
seventy (70) feet frontage
and construct a 32'x36'
two story dwelling, exist-
ing lot contains 25,400
square feet with one hun-
dred fifty (150) foot front-
age, located at 95 Kirby
Road.
#3 Appeal of Clement
Couillard seeking a vari-
ance from Section 18.112
Height of structure sub
section (d) construction of
a chimney, of the South
Burlington Regulations.
Request is for permission
to construct a single-fami-
ly dwelling at a height of
thirty-seven (37) feet on
the southerly side which
includes a chimney, on a
parcel of land containing
8.8 acres with 130 feet
frontage, located at 600
Spear Street.
#4 Appeal of Albert St.
Amand seeking approval
from an administrative de-
cision that would allow a
truck rental business as
an accessory use in con-
junction with a mini self
storage business, d.b.a.
Easy Self Storage, lo-
cated at 46 Swift Street.
#5 Appeal of Lee Zac-
hary seeking approval
from Section 19.65 Mul-
tiple uses of the South
Burlington Regulations.
Request is for permission
to convert an existing
structure containing ap-
:)roximately 5800 square
`eet into a banquet facility
n conjunction with an
3xisting restaurant on a
of 1.8 acres, located at
1234 Williston Road.
Richard Ward,
Zoning Administrative
Officer
)ecember 29, 1990
City of South Burlington
Application to Board of Adjustment
APPLICATION #
HEARING DATE / - -/ `/- /
Date 12/17/90
Albert St.Amand
Applicant Charles Anderson
Owner, leasee, agent
FILING DATE
? .
FEE AMOUNT
Address 46 Swift Street Telephone # 863-8300
Landowner
Albert St.Amand, Charles Anderson,# -
Nei 1 n„nn Address
46 8wift Street
Location and description of property 46 Swift Street mini storage warehouse
Type of application check one ( X ) 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 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 Article XXII, Section 21.101
Definition of Accessory Use_
Reason for appeal We contest the administrativPdecision that moving truck rental
is not an accessory use to the mini storage business.
The owner or applicant should submit along with this application (8 copies)
plans, elevations, landscaping diagrams (drawn to s ale) traffic data and
any other additional information which will serve as support evidence to the
Board.
Hearing Date Signature of Ap e lant
Do not write below this lire
-----------------------------------------------------------------------------
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 o:: Adjustment will hold
a public hearing at the South Burlington Municipal Offices, Conference Room,
575 Dorset Street, South Burlington, Vermont on
at
Month and Date
��
74-
L Appeal of r_
seeking ama`rv2t+".>
Time
Day of Week
to considler the
G�
e
440 Aw' A-^
from :JMgwh*rnr
tions.
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� e
Official Use
APPLICATION #
City of South Burlington
Application to Board of Adjustment
Date /
Applicant
Owner, leasee, agent
Address Telephone #
HEARING DATE �I%/.3 /�j a
FILING DATEw�/�i
FEE AMOUNTa'
Landowner Address = r
Location and description of property f r,,V c s
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 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
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
at
Month and Date Time
Appeal of
Day of Week
to consider the following:
'' �Jafseeking a from ,
of the South Burlington Regulations. Request is for permission to
r ,. /,fit_ y
441,
71�8�9�
September 17,•1990
Richard Ward
Zoning Administrator
City of So. Burlington, Vt. 05402
Dear Mr. Ward; re: Easy Self -Storage:
During my discussion with you prior to application for the
zoning permit relating to the rental of U-Haul Trucks, I was led
to believe, whether misunderstood or unintentionally incorrect,
that my application was neither unusual nor excessive. I relied
on that counsel and that, in routine fashion, the Board would
likely approve the application. As a result, to save the board
time on an item expected to be non -controversial, I offered no
detailed or compelling testimony in support of my application.
I would like to have the opportunity to do so now:
ARGUMENT
1). There are unique physical circumstances.
My self -storage location essentially has fencing and a walls -
within -a -wall configuration, already providing the ultimate in
screening of the proposed use. Vehicles will be mostly blocked
from public view by both the exterior fencing and the self -storage
buildings themselves. No other type of retail commercial business
has this degree of visual buffering already in place.
2). The proposed use represents a reasonable use of the property.
Do-it-yourself househod moving trucks and trailers are
considered necessary and essential consumer products. Most
social scientists acknowledge the central role that the availability
of such equipment has had on overall national and regional mobility
rates.
I
Over the past twenty years, an appropriate and socially
useful relationship has developed between rental trucks and
trailers, and self -storage operations.
* Both products and operations are consistent with the
objectives of South Burlington's C-1 zone:
* It does not introduce a use or vehicle that is not
already there on a regular, if not daily, basis.
* It does not increase traffic more than an insignificant
amount, usually less than 10% on weekdays, slightly more
on weekends.
* It does not introduce objectionable noise, dust, or
odors.
3). A denial of this application would create a hardship in
that I would be denied a reasonable accessory use of my property.
I ask to be able to add this use as a fair and logical
interpretation of the ACCESSORY USE definition in the South
Burlington Zoning Regulations:
"ACCESSORY - A use ... on the same lot, and of a
nature customarily incidental and subordinate to
the principal use ..."
The use proposed is subordinate to and, in fact, dependent
upon the primary use, self -storage. The anticipated income from
rental equipment is a fraction of that earned from the primary
use. The use is offered as a convenience to my customers, and to
prevent unnecessary traffic and travel time.
Courts have long quoted from I. Rathkopf (3rd Ed.),
The Law of Zoning and Planning, 23-10, to define the word
"customarily" in a zoning use context:
"No doubt the degree of use is a factor.
The practice should be sufficient to
justify the observation that (it) is not
unique or rare. It should be sufficient to
constitute a recognized mode of activity in
the field, but it need not be the more
prevalent one."
Accessory use at a self -storage location is justified on
the basis of historical use, economic necessity, similarity of
use, and nhVSical suitability.
J#
a. Historically. This activity(the rental of trucks
and trailers from the self -storage locations) has
been going on in this country since the early 1970's.
U-Haul itself, in fact, is the largest self -storage
operator in the United States, with nearly 800
locations. There are an additional 1500 self -storage
locations that rent do-it-yourself rental trucks
from one of theifour national brands.
With 2,700 self -storage locations currently renting
trucks, this activity certainly meets the definition
of "customarily" incidental ... to the principal
use
When customers came to ask about renting space at my
location, they often ask where the nearest U-Haul
dealer was. They are now tickled to find they can
get everything they need for their move at one,place.
b. Economically. The economics of unused land and labor
enables a self -storage operator to add necessary and
significant income to his location (thereby improving
the productivity of the property) without increasing
either capital (land) or labor costs.
c. Similarity of Use. Rental trucks and trailers are
vehicles most commonly used to bring items to and from
self -storage units. Such vehicles are a common and
accepted sight at self -storage locations. The rental
activity does not change the nature of the business
being conducted at the location visually.
The addition of a few units being offered to rent is
rarely recognized as anything different than the normal
coming and going of these rental trucks by customers
moving their personal belongings.
d. Physical suitability. Self -storage operators provide
customers with hard -surfaced locations with wide means
of ingress and egress to their property -- an ideal
situation for the rental of do-it-yourself trucks.
4). Variance would NOT alter the character fo the area, even
though residential use abuts the property.
First, U-Haul rental trucks are specifically designed,
engineered, and manufactured for the do-it-yourself movement of
personal household belongings by homeowners and apartment dwellers.
Their presence at this facility could hardly alter the character
of the area since they are the most common method of household
moving, bring used by 5.25 million Americans each year. Another
5.0 million citizens will use the rental trucks of U-Haul's
competitors, making rental trucks a common sight in any neighbor-
hood.
Second, having several small U-Haul dealers in a community
reduces unnecessary traffic by offering a product within the
immediate neighborhood, and saving people from having to drive
longer distances to a dealer in another part of the county.
Third, do-it-yourself household moving trucks are the same
weight, width, length, and height as vehicles commonly found in
residential neighborhoods. One-third of U-Haul's fleet is composed
of a vehicle with a 4,400 pound empty weight -- not much more than
a full. -size American car and much less than commonly -seen tricked -out
4x4 pick-ups which can reach 8,000 lbs. One third of its fleet
consists of7,000 pound empty weight econovans, again an accepted
and common vehicle on residential streets. The last third of its
fleet are trucks under 18,000 lbs. GVWR, no larger than Class A
recreational vehicles which are commonly owned and found in
residential neighborhoods.
Given the above stated reasoning, we feel that U-Haul truck
rentals should be allowed as an accessory use as defined by the
city zoning codes, and that such rentals would not change the
character of or the usage of the area as it now exists.
I look forward'to your response.
Sincerely, /
Albert L. St.Aman ,VJ
Operating Partner
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BUR.LINGTON
DECISION & FINDING OF FACT
On the 13th of August, 1990 the South Burlington Zoning Board of
Adjustment heard evidence regarding the appeal of Albert St.
Amand, 46 Swift Street based on the following facts and findings
1) There are no unique physical circumstances, proposal is to
store and rent trucks from an existing parking lot.
2) Existing uses represent a reasonable use of the property.
3) Hardship is being created by the appellant, proposed use
allowed in other districts.
4) Variance would alter character of area, residential use abuts
this property.
Based upon the above stated facts and findings the appellant's
request for a variance is hereby denied.
Chairman
of the
South Burlington Zoning Board of Adjustment
City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
PLANNER
658-7955
July 30, 1990
Mr. Albert St. Amand
62 South Willard Street.
Burlington, Vermont 05401
Re: Zoning appeal
Dear Mr. St. Amand:
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, August 13, 1990 at 7:00 P.M. to
consider your zoning application.
Please plan to attend this hearing.
Very uly,
Richard Ward,
Zoning Administrative Officer
Encls
RW/mcp
ST. AMAND, Albert
46 Swift Street
Area zoned C-1 District.
Section 11.10 Permitted uses, truck rental prohibited Use is
conditional within C-2 District.
Section 19.65 Multiple uses. Existing mini -self storage and
beauty salon.
Variance granted 5/14/90 allowing beauty salon.
Lot 1.75 acres with 100 feet frontage.
Proposed third use, truck rental d.b.a. U-Haul.
.SU
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