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HomeMy WebLinkAboutAO-01-01 - Supplemental - 0046 Swift StreetEASY SELF STORAGE AND RECORD CENTER (EASY SELF STORAGE LLc) 46 Swift Street South Burlington, Vermont 05403 (802) 863-8300 (802) 863-8300 (Fax) June 29, 2001 Raymond Belair Administrative Officer City of South Burlington Department of Planning and Zoning 575 Dorset Street South Burlington, Vt. 05403 Re: Trailer located at 46 Swift Street, South Burlington, Vt. Dear Mr. Belair: Please be informed that we have removed the trailer located adjacent to Building E of our mini -storage facility at 46 Swift Street, South Burlington. We do not intend to apply for a permit to change our present site plan to include the trailer. As discussed, the lot coverage would exceed 70% if our north side were to be rezoned to C-2 District. If you have any questions, please call me at 658-6252. S. erely, Marie A Amand Easy Self Storage Cc: Gail Westgate, Esq. Juli Beth Hoover, Director of Planning and Zoning 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 Juii� 6, 2001 Albert & Marie St. Amand 61 South Willard Street Burlington, VT 05401 Re: 46 Swift Street Appeal Dear Mr. & Mrs. St. Amand: Enclosed please find a copy of the decision rendered by the Development Review Board on your appeal of my decision. You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 V.S.A. §4471 and V.R.C.P. 76, in writing, within 30 days of the date this decision is issued. The fee is $150.00. If you fail to appeal this decision, your right to challenge this decision at some future time may be lost because you waited too long. You will be bound by the decision, pursuant to 24 V.S.A. §4472(d) (exclusivity of remedy; finality.) If you have any questions, i .ease give me a call. Sincerply, Raymond J. Belair Administrative Officer Certified Mail # 7099-3400-0000-5434-3191 Enc.: DRB Decision C:\Marie\Pvew Folder\DRB - St. Amand 6-6-01.doc Id #AO-01-01 DEVELOPMENT REVIEW BOARD CITY OF SOUTH BURLINGTON Re: APPEAL OF ALBERT & MARIE ST. AMAND This matter came before the South Burlington Development Review Board pursuant to the provisions of 24 VSA §4464(a) on appeal of Albert & Marie St. Amand, hereinafter"Appellants," from the decision of the Administrative Officer to issue Notice of Violation #NV-01-03 dated January ?, 2001. The Appellants have aiso requested a Stay of Enforcement with regards to the violation. The Appellants were present at the public hearing held on 3/20/01 relative to this appeal. Based on the evidence submitted at the hearing and as part of this appeal, the South Burlington Development Review Board hereby renders the following decision: FINDINGS OF FACT 1. The owner of record of this property located at 46 Swift Street is Easy Self Storage, LLC. 2. This is an appeal of the Administrative Officer's decision to issue Notice of Violation #NV-01-03 dated 1/2/01 and a request for a Stay of Enforcement of the alleged violation. This property located at 46 Swift Street lies within the C1 District. 3. Staff discovered that a large red mobile home/trailer type structure was located on the property. A research of the files indicated that this structure was not approved as part of a site plan approved for the property on 4/8/86. It was also not shown on the site plan approved on 2/14/01. 4. Section 26.10, Site Plan Review, of the zoning regulations requires that site plan approval be obtained prior to the issuance of a zoning permit for any ... expansion of use..." This structure is used for storage on a lot containing five (5) warehouse buildings and an office building. The placement of the trailer structure on the property constitutes an expansion of use which does not have site plan approval and does not have a zoning permit. Warehouse use is neither a permitted nor a conditional use in the C1 District so approval for the trailer structure would not be permitted. 5. On January 2, 2001 the Administrative Officer sent by Certified Mail Notice of Violation #NV-01-03 informing the property owner Easy Self Storage, LLC that they were in violation for allowing the storage of a large red mobile home/trailer type structure on the property without an amended site plan approval and without a zoning permit. 6. On January 9, 2001, Albert and Marie St. Amand filed a Notice of Appeal appealing the issuance of the Notice of Violation and requested a stay of enforcement. CONCLUSIONS of LAW The South Burlington Development Review Board concludes that the Appellants placed or caused to be placed a large, red mobile home/trailer type structure on their 46 Swift Street property without amended site plan approval and without a zoning permit. DECISION Based on the above Findings of Fact and Conclusions of Law, the South Burlington Development Review Board hereby denies the Appellants' request to overturn the Administrative Officer's decision of 1/2/01 that the Appellants' property is in violation of the zoning regulations and affirms said decision. The Board also denies the Appellants' request for a Stay of Enforcement. Dated this day of June, 2001 at South Burlington, VT Chairman or Clerk South Burlington Development Review Board C:\Maire\New Folder\DRB - Findings - St. Amand 6-5-01.doc CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURILINGTON, VERIVIONT 05403 (802) 846-4106 FAX (802) 846-4101 June 1, 2001 Albert and Marie St. Amand 61 South Willard Street Burlington, VT 05401 Re: 16 Swift Street Dear Mr. and Ms. St. Amand: Enclosed is the agenda for next Tuesday's Development Review Committee meeting and my comments. Please be sure that someone is at the meeting on Tuesday, June 5, 2001 at 7:0(! p.m. at the City Hall Conference Room, 575 Dorset Street. Sincerely, pe" �w Sarah MacCallum Associate Planner SMild r Encls. CAME-•ie\Tvly Documents\@DRB Reminder Form 6.1.01.doc Id DEVELOPMENT REVIEW BOARD MEMO J NE 5, 2001 MEETING 4. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to use of the converted space. 5. Any change to the site plan shall require approval by South Burlington Development Review Board. 4) ALBERT & MARIE ST. rAN A D - APPEAL OF ADNHMSTRATI` E OFFICER'S DECISION This hearing was continued from the March 20, 2001 , meeting to provide the appellant time to remove the trailer after the snow melt. This hearing was previously continued from the February b, 2001 meeting at the request of the applicant. This appeal is from a decision made by the Administrative Officer that the property at 46 Swift Street is in violation of the zoning regulations (see enclosed Notices of Violation). Enclosed is staffs 2/6/01 memo regarding this appeal. As of T\4ay 31, 2001 the trailer was still present on the property. 2) LIME IGLN HOUSE14C PAaRTNERSMP — FETAL PLAT — TWO LOB' SUBDMSION, 304 LIlE IG,N ROAD This project consists of amending a planned unit development consisting of 85 residential units in four (4) buildings and a 42 unit congregate housing facility on two (2) lots. The amendment consists of subdividing lot #2 into two (2) lots, 304 Lime Kiln Road. This property lies within the Residential Four District. It is bounded on the north and west by the Winooski Diver and on the east by the farmlands of John Belter. On the south, a residence and a commercial structure bound the property. Lime Kiln Road runs through the middle of the property dividing Lot # 1 from Lot #2. Lots: The applicant has proposed subdividing lot #2 into two (2) lots in order to deed the a portion of the lot to the Winooski Malley Park District. Staff does not have a problem with this proposal. Staff recommends that a "Notice of Condition" be recorded which has been approved by the City Attorney which states that for zoning and subdivision purposes the two (2) lots will be treated as a one (1) lot. DEVELOPMENT REVIEW BOARD 20 MARCH 2O01 noted that a site plan amendment a few weeks ago did not show this structure. He said that in his opinion, this is a violation. Ms. Westgate, representing the St. Amands, gave members a copy of the original variance granted to the property, which included the mini -storage units. The notice served says "land development" on the site without approval. Ms. Westgate said the current owners purchased the property with the unit on the premises. Ms. Westgate noted that unit is a trailer which is uscd to store construction materials related to the mini -warehouse. The applicant has no objection to applying for a permit, but the City has said this could be denied. The applicant is concerned that this property is being "picked on," and Ms. Westgate showed pictures of other outside structures that may be in the same situation. Mr. Dinklage asked if it is customary for a self -storage business to have a unit of this size. Ms. Westgate said if this were in a C-2 district, there would be no problem. Mr. Dinklage asked if the materials could be stored in the residential building. Ms. St. Amand said it's too small for large pieces such as door parts, etc. Mr. Dinklage noted that he sat on the Zoning Board at the time the variance was granted and it was his recollection that the trailer was for temporary use only during construction. Mr. Belair noted there used to be a contracting business on the site, which has ceased. He added that this structure does not constitute 'outside storage." Ms. St. Amand said no one has objected all these years. Mr. Dinklage noted that there is a new Zoning Administrator and the city is in the process of cleaning up a lot of problems in the city. Ms. Westgate said that if the Board considers storage of materials to be an allowable use, they would come back and apply for that. She noted that the minutes of the ZBA meeting do not state what was irfended. Mr. Dinklage said the site plan is an equal part of the record and the trailer is clearly not shown on the site plan. Ms. St. Amand said it would be a hardship for them to put the materials anywhere else. Mr. Cameron said it is clear to him that this use is not on the site plan, so it is a violation. He suggested the matter be brought back for discussion as he had a problem asking them to remove the trailer without discussing it. Mr. Belair noted the Planning Commission is considering changing the zone from C-1 to C-2, which would allow this use. Ms. Hoover added that the Commission at its next meeting will be discussing uses in the C-1 and C-2 zones and will consider the advisability of zone changes. Any action, however, would be a few months away. 2 DEVELOPMENT REVIEW BOARD 20 MARCH 2O01 The South Burlington Development Review Board held a regular meeting on Tuesday, 20 March 2001, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present: J. Dinklage, G. Chamberland, R. Farley, G. Quimby, Mr. Boucher, J. Cameron Also Present: R. Belair, Administrative Officer; J. B. Hoover, Director of Planning & Zoning; G. Westgate, M. St. Amand, D. Hanson, P. & N. Loller, D. Burke, L. Kupferman, R. & B. Cassidy, S. Chausse, B. Dion, J. Jaeger, J. Zaetz, D. Weaver, D. Marshall, J. Magnus, P. Judge I. Other Business: Mr. Belair advised that the Humane Society has requested a 6-month extension on its approved site plan. He had no problem with the request. Ms. Quimby moved to grant the ti=month extension requested by the Human Society. Mr. Farley seconded. Motion passed unanimously. Mr. Belair also noted a request from Francis Murray to amend the Minutes of 1/16/01. He suggested language for the revision. Mr. Belair said he had listened to the tapes of the meeting, and Mr. Murray did not say these exact words. Mr. Belair felt the Minutes did not need to be amended as they have the same gist as the wording Mr. Murray proposes. Members agreed not to change the Minutes. Mr. Dinklage suggested that even though approval motions are no longer being read in their entirety a copy of the approved motions should be attached to the Minutes. Members agreed. 2. Minutes of 20 February 2001: It was noted that on p. 2, paragraph 3, and the words "is in" should be eliminated. Ms. Quimby moved to approve the Minutes of 20 February as amended. Mr. Farley seconded. Motion passed unanimously. 3. Continued Public Hearing: Appeal #AO-01-01 of Albert and Marie St. Amand appealing Notice of Violation #NV-01-03 dated 1/02/01 by the Administrative Officer and a request for a Stay of Enforcement of the alleged violation for property at 46 Swift St: Mr. Belair said early in January he found a structure on the property that has never been approved and for which there is no permit. He gave members a photo of the structure. Mr. Belair noted the property is approved for mini -warehouse use. He also DEVELOPMENT REVIEW BOARD 20 MARCH 2O01 Mr. Dinklage asked if the item could be tabled. Mr. Belair said it can be tabled indefinitely, but there is a $100/day fine. Ms. Westlake noted they could not remove the trailer until the snow is gone. Cameron suggested tabling. Mr. Cameron moved to table the public hearing until the first meeting in June. Mr. Chamberland seconded. Motion passed unanimously. 4. Public Hearing: Preliminary plat application #SD-01-10 of White Rock Development, LLC to amend a previously approved 36 lot single family subdivision on 14.68 acres. The amendment consists of reducing the number of lots from 36 to 30, Country Club Drive: Mr. Burke said they are making the change to allow for larger lots. The applicant had not issue with staff notes, but did note that the Fire Chief wants to connect the cul-de-sacs. The applicant does not want to do this. They have agreed to extend the rec path/sidewalk and to add a "T" for the cul-de-sac. This would be wide enough for emergency access. Mr. Dinklage said he would comfortable with an 8-foot rec path with the stipulation that if it becomes a cut -through, the Board would recommend a bollard. Mr. Belair suggested getting icne Fire Chiefs approval for that. Mr. Zaetz suggested also contacting the Airport Fire people as they are the first responders to the neighborhood. Mr. Hansen asked why there is a rec path there as he did not particularly want it. Mr. Belair said they are connecting the neighborhoods. In reviewing the draft motion, members changed the words "access drive" in stipulation #7 to "connection". Ms. Quimby moved to approve the Preliminary plat application #SD-01-10 of White Rock Development, LLC, with stipulations as outlined in the draft motion of approval dated 3/20/01. Mr. Cameron seconded. Motion passed unanimously. 5. Public Hearing: Application #CU-01-03 of Marcel Beaudin, AIA seeking conditional use approval under Section 26.05, Conditional Uses, and Section 3.506(d) of the South Burlington Zoning Regulations. Request is for permission to construct: 1) a sea wall to elevation 103 for approximately 50 feet, and 2) construct a set of stairs 3'x28' from an existing deck to the proposed sea wall, 5 Lyons Avenue: Mr. Cassidy said he and his wife n%Aln the property, which they bought in January,2000. They had it inspected and found it needed considerable repair/improvement. There is a 7 46 Swift Street January 3, 2001 t, A)V- 01-- r"3 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 January 2, 2001 Easy Self Storage, LLC 61 South Willard Street Burlington, VT 05401 Re: Zoning Violation, 46 Swift Street Dear Sir/Madame: Please be advised that based on information available to the City, you have commenced land development on your property at the above address without obtaining a permit from the City as required by Section 27.10 of its Zoning Bylaws and 24 VSA 4443(a)(1). Specifically, you have initiated the following activities on the above -described property: Storing and/or allowing the storage of a large red mobile home/trailer type structure on the property without an amended site plan approval and without a zoning permit. You have seven (7) days from the date of this letter to discontinue this violation and take appropriate remedial action. Specifically, you must accomplish the following: Remove the unpermitted mobile home/trailer type structure from the property. If you do not accomplish the actions directed in this letter within seven (7) days of the date of this letter, the City may pursue this matter in court. In such court proceeding, the City will be entitled to seek appropriate injunctive relief and fines of up to $100.00 per day for each day your violation continues beyond the seven (7) day period provided in this letter. If the violation described in this letter occurs within twelve (12) months of the date of this letter, you will not be entitled to receive a further Notice of Violation from the City before the City pursues further enforcement proceedings. Easy Self Storage, LLC Zoning Violation, 46 Swift Street January 2, 2001 Page 2 You may appeal this Notice of Violation to the Development Review Board by filing a written notice of appeal (see enclosed) and eighty five ($85) dollars within fifteen (15) days of the date of this letter with the Clerk of the Development Review Board at the following address: 575 Dorset Street, South Burlington, Vermont 05403. SinceJery, o Raym nd I. Belair, Administrative Officer RIB/mcp 1 Encl cc: Joseph S. McLean, City Attorney Certified letter #7099 3400 0013 8254 0160 w 175' rG g�� �' '�-W►�ItF PINES -� 2q0. a 30 S1.OG� A BL.DCx SLDG C 13LDG D BL :1 30 x 100 3o x ISO 30 x 15 0 30 x 150 10 i50 yy r Bf.30. S Ft=- COMPLETED COM PLETED COMPETED COMPL TeD P ToP R - of 0 "Pot 0 iYPISAL D 210. 52" - yoo t lllF -�T E A«£SS Do P4 1 413 JWIF I .STRF FT Feu -37S3 I EAS_Y__ _SELF _ S TORA G_E 4 (.,.5w1 FT _ST'. -Sb_ 3UtZL11VC4T0N, fir. 1. YO/AL laT S 17-E = 7(q2.30Z (1.75 ACRES) 2. TOTAL BLDG, CovU2AG,6 = 1`T,1?SF*L — 252b 3. 7- oTgL cavE2ACi'e� (a�oc, saaavNti,s NOTE: �- ?ROPo5Ea pLD(� E taxLL Comr'iETC PRoTEcr llfccfSs OXIVE 3►aS • DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINUPON, VERMONT 05403 (802) 846-4 106 FAX (802) 846-4101 April 9, 2001 Albert & Marie St. Amand 61 South Willard Street Burlington, VT 05401 Re: 46 Swift Street Dear Mr. & Mrs. St. Amand: Enclosed is a copy of the March 20, 2001 Development Review Board meeting minutes. If you have any questions, please call. Sincerely, Sarah MacCallum, Planning & Zoning Assistant SM/mcp 1 Encl City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05401 PLANNER 863-2882 Mr. Richard Morvan Energy Shield 46 Swift Street South Burlington, Vermont 05401 Dear Mr. Morvan: ZONING ADMINISTRATOR 658-2486 Be advised that the South Burlington Zoning Board of Adjustment has granted approval of your request for a zoning variance. The Board stipulated the following: 1. That the previous variances obtained be null and void. That the use be limited to (1) a mini warehouse use exclusively, excluding fabrication or construction on site or construction material storage out- side other _than what is required by the mini -warehouses and (2) that the exist- ing residential buildings be limited office uses germane to the construction company exclusively and a residence/office use for the resident manager of the mini -warehouse. 3. 6 months after completion of the first phase of the mini warehouse use and or no later then March 1984 the appellants will appear before the Board for review of the multiple uses of the residential structure. Your proposal is subject to site plan approval by the Planning Commission. -Contact the City Planner for scheduling. Very truly, Richard Ward, Zoning Administrative Officer FV/mcg F MOTION TO UPHOLD DECISION ALBERT & MARIE ST. AMAND 3/20/01 I move the South Burlington Development Review Board uphold the Administrative Officer's decision of 1 /2/01 that the Appellants' property is in violation of the zoning regulations and affirms said decision. The Board also denies the Appellants' request for a Stay of Enforcement. #AG-01-01 DEVELOPMENT REVIEW BOARD CITY OF SOUTH BURLINGTON Ike: APPEAL OF ALBERT & MARIE ST. AMAND This matter came before the South Burlington Development Review Board pursuant to the provisions of 24 VSA §4464(a) on appeal cf Albert & Marie St. .Amand, hereinafter"Appellants," from the decision of the Administrative Officer to issue Notice of Violation #NV-01-03 dated January. 2, 2001. The Appellants have also requested a Stay of Enforcement with regards to the violation. The .Appellants were present at the public hearing held on 3/20/01 relative to this appeal. Based on the evidence submitted at the hearing and as part of this appeal, the South Burlington Development Review Board hereby renders the following decision: FINDINGS OF FACT 1. The owner of record of this property located at 46 Swift Street is Easy Self Storage, LLC. 2. This is an appeal of the Administrative'OfFicer`s decision to issue Notice of Violation #NV-01-03 dated 1/2/01 and a request for a Stay of Enforcement of the alleged violation. This property located at 46 Swift Street lies within the C1 District. 3. Staff discovered that a large red mobile home/trailer type structure was located on the property. A research of the files indicated that this structure was not approved as part of a site plan approved for the property on 4/8/86. It was also not shown on the site plan approved on 2/14/01. 4. Section 26.10, Site Plan Review, of the zoning regulations requires that site plan approval be obtained prior to the issuance of a zoning permit for any "... expansion of use..." This structure is used for storage on a lot containing five (5) warehouse buildings and an office building. The placement of the trailer structure on the property constitutes an expansion of use which does not have site plan approval and does not have a zoning permit. Warehouse use is neither a permitted nor a conditional use in the C1 District so approval for the trailer structure would not be permitted. 5. On January 2, 2001 the Administrative Officer sent by Certified Mail Notice of Violation #NV-01-03 informing the property owner Easy Self Storage, LLC that they were in violation for allowing the storage of a large red mobile home/trailer type structure on the property without an amended site plan approval and without a zoning permit. 6. On Januarf. g, 2001 Albert and Marie St. Amand filed a Notice of Appeal appealing the issuance of the Notice of Violation and requested a stay of enforcement. CONCLUSIONS OF LAW The South Burlington Development Review Board concludes that the Appellants placed or caused to be placed a large red mobile home/trailer type structure on their 46 Swift Street property without amended site plan approval and without a zoning permit. Based on the above Findings of Fact and Conclusions of Law, the South Burlington Development Review Board hereby denies the Appellants' request to overturn the Administrative Officer's decision of 1/2/01 that the ,appellants' property is in violation of the zoning regulations and affirms said decision. The Board also denies the ,appellants' request for a Stay of Enforcement. Dated this day of March, 2001 at South Burlington, VT • Chairman or Clerk South Burlington Development review Board City of South Burlington 575 DORSET STREET _. SOUTH BURLINGTON, VERMONT 05401 PLANNER ZONING ADMINISTRATOR 863-2882 658-2486 Mr. Richard Morvan Energy Shield 46 Swift Street South Burlington, Vermont 05401 Dear Mr. Morvan: Be advised that the South Burlington Zoning Board of Adjustment has granted approval of your request for a zoning variance. The Board stipulated the following: 1. That the previous variances obtained be null and void. 2. That the use be limited to (1) a mini warehouse use exclusively, excluding any fabrication or construction on site or construction material storage out- side other than what is required by the mini -warehouses and (2) that the exist- ing residential buildings be limited to office uses germane to the construction company exclusively and a residence/office use for the resident manager of the mini -warehouse. 3. 6 months after completion of the first phase of the mini warehouse use and or no later then March 1984 the appellants will appear before the Board for review of the multiple uses of the residential structure. Your proposal is subject to site plan approval by the Planning Commission. Contact the City Planner for scheduling. Very truly, Richard Ward, Zoning Administrative Officer FW/mcg DEVELOPMENT REVIEW BOARD MEMO FEBRUARY 6, 2001 MEETING Section 26.10, Site flan Review of the zoning regulations requires that site plan approval be obtained prior to the issuance of a zoning permit for any "... expansion of use ..." This structure is used for storage on a lot containing five (5) warehouse buildings and an office building. The placement of the expansion trailer structure on the property constitutes an expansion of use which does not have site plan approval and does not have a zoning permit. Warehouse use is neither a permitted nor a conditional use in the C 1 District so approval for the trailer structure would not be permitted. On January 2, 2001 the Administrative Officer sent by Certified Mail Notice of Violation #NV-01-03 (see enclosed) informing the property owner Easy Self Storage, LLC that they were in violation for allowing the storage of a large red mobile home/trailer type structure on the property without an amended site plan approval and without a zoning permit. On January 9, 2001 Albert and Marie St. Amand filed a Notice of Appeal appealing the issuance of the Notice of Violation and requested a stay of enforcement (see enclosed). 11 DEVELOPMENT REVIEW BOARD MEMO FEBRUARY 6, 2001 MEETING Design Review: The City Center Design Review Committee considered this application at their January 22°d meeting. The Design Review Committee recommended approval with the following conditions: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. This recommendation for approval of the proposed addition is based on the application's compliance with the design review criteria contained in Section 24 of the South Burlington Zoning Ordinance. The Administrative Officer shall make the determination of whether or not this application complies with all other requirements contained in the Zoning Ordinance. 3. The plans shall be revised to show the changes below and shall require approval of the Director of Planning and Zoning. Three copies of the approved revised plans shall be submitted to the Director of Planning & Zoning prior to obtaining a zoning permit. a) The plans shall be revised to illustrate the San Remo Drive Streetscape plantings. The applicant shall implement the planting of Honey Locust Trees along San Remo Drive instead of replacing some of the less mature plantings. b) The plans shall be revised to note the correct existing wattage not to exceed 250 watts for the two existing light poles. Proposed poles on the north side shall be deleted. 4. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 27.302 of the zoning regulations or this approval is null and void. 5. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to use of the addition. 6. Any change to the plans shall require review by the South Burlington Design Review Committee. 11) ALBERT & MARIE ST. AMAND - APPEAL OF ADMIMSTRATIVE OFFICER'S DECISION This is an appeal of the Administrative Officer's decision to issue Notice of Violation #NV- 01-03 dated 1/2/01 (see enclosed) and a request for a Stay of Enforcement of the alleged violation. This property located at 46 Swift Street lies within the C1 District. Staff discovered that a large red mobile home/trailer type structure was located on the property (see photo below). A research of the files indicated that this structure was not approved as part of the last site plan approved for the property on 4/8/86. 10 46 Swift Street January 3, 2001. 48N Nolrst matVWs an �+ s�cpla.,r, NOTICE OF REQUEST FOR ADMINISTRATIVE REVIEW ff � SITE PL AIPP JCATION #SP-01-06 _ _ 1 February 12, 2061 Albert &� Marie St. Amand Easy Self Storage 4 SSwitt Street, South Burlin Administrative review of a site plan application has been requested by the above property owner for the following action: Change in use of 700 SF of an existing 1,000 SF office building from general office use to medical office use. The Director of Planning & Zoning will process this application in accordance with Section 26.10 of the South Burlington Zoning Ordinance. A report on the action taken on this application will be presented at the next Development Review Board meeting following a decision on this application. Any interested party may appeal a decision of the Director of Planning & Zoning within 15 days of the date the Director's action is reported to the Development Review Board. Notice of an appeal shall comply with the provisions of 24 VSA Section 4465. The Development Review Board shall review an appeal in accordance with the standards and procedures applicable to site plan review. Director of Planning & Zoning Date No Text �22C1�"cc�0 � sl� cc- Sf - / ce.. 6UU S/Ic p 10 - ;� &6,mln �— Ami� Mwo pztk---,� etxp eaLp O 2"y 1.2& P No Text W U, fi C� /U to Wu / r) �&� admuI12 Nov-19-99 02:47P Bv-uce Chat-tman 802-652-7257 P'.01 i Mr. Theodore Manazir 9 Berkley Street South Burlington, VT 05403 Home: 862-2258 E-mad address: tmanazi@ vdh. state. vt. us Mr. Patricia Garahan 15 Pinnacle Drive South Burlington, Vermont 05403 Office: 864-3644 E-mail address: pgara@aol,com Mrs. Karen George 1-1 Stonehedge Drive South Burlington, VT 05403 Home.- 860-6424 E-mail address: kvernioi7tl@aoi.com Mrs. Kerry Incavo 55 Butler Drive South Burlington, VT 05403 Home: 658-2988 E-mail address: kineavo@aol.com Mrs. Paula Flaherty 99 Suburban Square South Burlington, VT 05403 Home: 864-5251 E-mail address: iritfulter@eol.com -4- Mr. St. Amend said the proposed use will not adversely affect: a) The capacity of existing planned community facilities. b) The character of the area is now commercial. c) Traffic on road and highways - not a high traffic location and with the general office space we had before we had more people coming in. Now we have decreased. we will have 5 to 7 cars a day for the beauty salon use. d) It will be a continuance of what's been stated in the bylaws. e) There will be a slight increase in water usage. Mr. King asked how many people a day would you service. Ms. Brooker said 5 facials in a day 5 or 6 days a week. Mr. Blais asked is this space large enough for more than one person. Mr. St. Amand said it's not large enough - only 400 square feet. Mr. Graf asked about the upstairs tenant. Mr. St. Amend said the tenant is the Manager that oversees the storage place. There are locked gates and we need a manager to open the gates at 7:00 A.M. The manager also rents the storage units and collects the rents. The appeal was granted unanimously. Tabled appeal of U.V.M. Robert Penniman Tabled appeal of U.V.M. Robert Penniman. Request is for permission to construct a student parking area rear of Sheraton Inn, 860 Williston Road. Mr. Blais said following our last meeting our greatest concern was with what the traffic expert had given us as to the impact of traffic. Gene Cenci was also concerned with this. Everyone has great concerns. We met with Staff, Dan Wilkins and Art Hogan and went over the Board's concerns. As a result Art and Dan submitted to us a traffic study. A copy of this was forwarded to Gene Cenci for a chance to comment on this. It has been my understanding the Sheraton, The City and Regional Planning believe that the approval should be granted. Mr. Ward said the memo from the City Council mentioned that we pass this on to the Planning Commission. I talked to John Dinklage and explained we had met with Regional Planning and in the future we may have to call on some people. As a result of that he said fine as long as the Regional Planning is reviewing it and as long as you feel comfortable with the stipulations that you have suggested you don't need to pass it on to the Planning Commission. Joe doesn't have a great problem with it. Mr. -King said I talked with Gene Cenci for about 20 minutes and he hadn't had enough time to study this. He talked with somebody at U.V.M. and they had given him some very strong support and he said that U.V.M. is behind them 100% and they feel very comfortable about this at this point. -3- Mr. Ward informed the board that the area is zoned C-1 District. Section 18.00 Dimensional requirements same as Interstate Texaco application - minimum setback 57 feet. Proposed - construction of a 24' x 38' canopy with new pump islands to within ten (10) feet of right-of-way. Everything is the same as Appeal Ill except for the canopy. Mr. Cairns said the existing island will be removed. We're moving it closer to the building and putting them together in front of the building. The canopy will be smaller and we'll have 2 pumps instead of 4. Since they put the light in front of Al's French Fries our business has suffered. Mr. Ingram addressed the 5.Criteria as follows: (1) That there are unique physical circumstances the unique size of the lot and existing station and ability to put canopy on this lot depends on granting the variance. The lot size is non -conforming. (2) That because of such physical circumstances of the lot it makes it necessary for us to apply for a variance in order to construct a canopy. There is no way we can construct this canopy and maintain provisions of the zoning regulations. (3) That such unnecessary hardship has not been created by the appelant. (4) That the variance, if authorized, will not alter the essential character of the neighborhood. It will not impair uses on either side and will not be detrimental to the public welfare. (5) That the variance, if authorized, will represent the minimum variance. The appeal was granted 5 - 1. No. 4 Appeal of Albert St. Amend and Charles Anderson Appeal of Albert St. Amend and Charles Anderson seeking approval from Section 19.65 Multiple uses. Request is for permission to occupy an existing structure as a beauty salon and a residential unit, in conjunction with a third use mini -warehousing, on a lot containing 1.75 acres, located at 46 Swift Street. Mr. Ward informed the board that the area is zoned C-1 District. Section 19.65 Multiple uses - variance granted 12/27/82 and 4/25/83 allowing existing uses (office and residential plus five (5) self storage buildings). Proposed use 400 square feet beauty salon which will replace office area. Lot contains 1.75 acres with 100 feet frontage. The only issue is Multiple use - this time beauty salon. Mr. St. Amend said there will be no additional changes to the facility. The character of the neighborhood is now commercial and it has been approved for general office use. There will be fewer people coming in. Ms. Brooker is planning to operate this beauty salon alone. She does facial treatments which take a longer period of time. Ms. Brooker said it takes 1 1/2 hours for one facial and I do 5 facials a day. 1 BOARD !,3,-7U,-.T.Nff!NT APRIL 215, 1��87 a U 'Pjr The 33outii Burlingti)a Zcning 3oard of Ad�iustlmenll, rield la,i, meeting on Monda� Anril 2� 5, Pm in the C"onference- L"com, <R = r Tiall Dorset 1;t. Present tverett Reed, Chairman; Ja;ha Dinklag 0 anes T'hLjau TTed Blais ilembers Absent Norman Campbell, James 'McClary, Alex lluye-t-te Others 'Present Richard Ward, Zoning Administrator; June Richard, Marcel Richard, Frank McCaffrey, Richard Morvan, Donald & krnold Mare?, Pauline McCaffrey, John 'Russel, Edwin Sanborn, Robert Audette, Karl -kahliae, 14xrs. Vlyet-t-e 2o. I Appeal of 'Donald Marek-and Richard Morvan Appeal of Donald Marek and Richard 14orvan seeking a variance from Section 11.10, Permitted uses and Section 19.652 .1ifultipla uses of the South Burlington Regulations. Request is for permission to cons t::uct five buildings containing a total of 19,678 sq. f t. and occupy said buildings as mini -warehousing in co:cajunotior! aith a contractor business, at 46 Swift Street. Mr. Ward said the area -,ras zoned Cl and that 3toraje facilities -;ere not permitted i-I that zone. Multiple use approval is also needed, since the mini - warehouses will be ooeratcd in iuonjunctior. with the existing contractor use. Or. 12/27/82 variances -(fere grarited for an apartment on the second floor and for multiple use (residential and contractor). Proposed now are 5 buildings - 20' x 100 " 30' x 150', 30' x 150', 30' x 150', and 201 x 1501, for a total of 19,678 sq. ft. The second floor of the dwelling would be an apartment for the waredouse manager. Lot coverage is 7CY/a total. The first floor of the d-we!'Lingg would remain the contractor's office. All structures on the lot other than the house will be removed. the Mr. Morvan noted that at the time they received approval in December, setback from the Interstate was 1501. They found that the area that affected them was actually a ramp, so that opened up a lot of the property for their use. Now they would like to remove all structures except the house and construct 3 sto.-age, buildings in the first phase. He said this would be about equal to the plan in December, but they igould like the option to add two other buildings later, if the business continues to grow. The Board was told that the 5 buildings were needed if the economics of the plan were to work. uring ~cork on tile site. Mr. 211orvan said they no longer planned to do manufact He felt the new proposed use would be clean, have few trips and would use the lot fully. They propose about 200 storage units in the 5 buildings. Y1x. Blais qas concerned. about granting this variance "before the time liluit on the previous one had expired. 1-11r. Ylorvan said this was the final plan. Mr. Dinklage moved that if the appeal is granted. it be approved with the stipulation that the previous variances obtained be null and. void. Ar. Blais seconded the motion and it carried unanimously. Mr. McCaffrey, the next door neighbor, said h,�-�) was concerned about what ildwou,A be bat on tiit-lan. aesai -1o"i a X"-ata]"a C, floor, and he had not thought that that had. been allowed. Irlica added that traf.,ic 7.JbIT:NG i.0jUS7PiT?;M_I ,ias terri"D a. 'Mr. Morvan said they bad moved in in tha middle of winter and had Mot been able 111-o 7,11t in a -Parking 101. They -parkad on the front la-wn, but -,.�,hen -3y-i-ing Came, it Zc-t very muddy. de aad they would add a. parking lot Ja the rear ill the `fie.` Tr.raeks. He _3taid there had been some traffic due to electricians and tale-Phana TiQr_I-_err do4.ng -uor*it �na tlae building. _Xrs . ` -,,TcCaffrey said t-1here ware always at least 4 cars and f trucks on the site. Mr. McCaffrey asked about the rantal office and 14r. lard said an offic,,a was an office and it could be rented. D lnlr. Dinklage noted that the mini -warehouses in Williston never seemed busy, and the-- -were nearlv all rented. Mir. Read noted that this use was allowed in other zones in the city. He told that the boundary line between where the use was allowed and this zone was -very close to this property. iLr. Dinklage asked about screening and was told there would b e a security fence and about $6,000 worth of trees would be planted. .14r. Morvan did not object to putting a line of trees along the back and side lines. He said that if it turned out that there was no need for the storage use, they would not build the fc)urth and fifth buildings. Mr. Blais asked if the McCaffreys objected to the kind of use proposed, or if they felt it would adversly impact -them later and was told they did not. lie said he would like to stipulate that the dwelling be used only for -the manager's apartment upstairs and for the offices of the mini -warehouse and the contractor's business only. He also wanted to be sure the mini -warehouse area was not used ,or manuf ac turing or fabrication. Mr. Mlorva-m said there were no plans for the Latter. As far as the -former, .1fr.Morva--a said upstairs would be the manager's apartment plus an office area. Doarnstairs they have 5 rooms, and only need 3 for contractor's offices, so they lvlvea rent the other area to a software writer. Vaa.v also have a marketing company which works out of the contracting company. Mr. Plarvan said this was a co,-rveyiiant area for their offices and that the manufacturing portion of the business ,,zould remain in the present Burlington location.. He said the offices downstairs carried the property and it would be a hardship to give them up. -Mr. Blais felt the marketing company could remain, since that is related to 'the contracting business. He did riot want to see the house become 5 offices in the future. Mr. Blais moved that, if the variance is ap2roved, that the use be limited to 1) a mini -warehouse use exclusively, excluding any fabrication or construction use for the resident manager of the mini -warehouse. Mr. Dinklage seconded the Mr. Norvan noted that the marketing company worked exclusively for the construction business at this time, but they could not say that would always be the case. He asked whether the company would have to leave the building if it obtained another client, but Mr. Ward said he could not enforce that. He felt it would be best if the city allowed the first 3 buildings to be built, and then reviewed how the contracting business interacted with the warehouse business, before granting approval for buildings 4 and 5. He was concerned about what -,.hr-- first three buildings would become if mini -warehousing did not work. Mr. 1",Tarek said economically they had to have the 5 buildings and Mr. Mcrvan did not feel they could go to a bank for only the first -three, if they were not sure they had approval for the other two. Mr. Ward felt it was the const'-naction business lems, not the said tha- ykiizh taigh cause t'is probi construction business would use a portion of the mini -warehouse space. The motion oar.rlad unani-mously. AZ,!L 25, 9 8 w',Iaat. If 11111itad to the coils t i Of Dilass I oor-%Iect is smit-tad to�a!7, anii!r. 3ais sec,n1de'!ae 7 -A C 1. .r t. _,,� said they woula. 1,,fl.ve t;,) rvaa said the, cou]61 no t "ll-,Te t ja,�A - 100'a L'or is US& in the zone, and �!e na�ad that he 4d -aot th-alk ',e cot4l_ 4 f i,,:d a -ermitte d use 1ii1c.'1 -,,-rould be a-- good f":"r tas _nelg' ghboz---ood atie -e.s uldl b� ,12. Blaas felt �he motion ,qa3 an undue limIta'-,ion. Mr. Dirdciage withdrew t"he motion. Hr. .iard as-1-ced whetlhe]., the con st­-ucpion com�paanrould be -�4jii-rg tof* ind a ae-,a location -if problems devaloped and Mr. Morva.n 3,zli they would. They plan to xnake their primary business the -,rare lousing. Hr. Biais noted that there would be a board review of the property sometime a-ft,ar the ft,rst 7 building.q. -,Te, t I , re Xr. Blais moved -that, should this variance be aplDroved 6 moaths af ta.- Coian.Lation of the first ,}tease of the -mini-rase house use and/or no later than �' z"ch 1984, the apjpellant,s will a]21ear before this Board. for review of the muitip,le uses of the - resi.iential structure. Mr. Dinklage seconded the motion and ail voted for it. The appeal was granted unanimously, as Der stipulations. A-i')-oeal of Karl Ashline and Marcel Richard , 11n 1- 1'7; .2 ), peal o' Karl Ashiline and Marcal 1lichard seeking approval from ,:sec l,ion _� 2 onditional -uses and Section .19.6521.j. 1viultiple Uses of the South Burlington Rek I ralatiGns. Request is for permission to occupy an 9xisting building 30' x ,7,V �s an au-o body repair shop in conjunction 7,,Fit1,.L existing contractor business, , r, , ,�,, - 0 af, -'908 Airrort Parkway. , L - said tie a'Pea was zoned Commercial and Industrial. Iutomotive reusit and seTvioe is a conditional use in the ,one. The proposed auto body repa±:r ::-,hop ,,,iould be in conjunction with the, axisting construction, company and storage a' ma-4--atenaince equipmeat uses. There is also a condominium maintenance business. The auto shoo, -would use building a, which stands alone. It would use t'116 entire building. Mr. Ishline said PIr. Richard wo-uld have a restricted number of vehicles - -,;q, I repaiz- he -�aants to have These will not be junk cars, nor 1, - 4-11-1 the;r be badly damaged. Mr. Dinklage asked about storage of cars for parts bu",- Tian told that would not happen. Mr. sink.", age moved that, if an,-vroved,. the, use be restricted to a of W ors agaitiig re pair at any time. Mr. Thibault seconded the motion and i,' passed unanimously. The apreal was granted on a unanimous vote. U,)_. 3 &-!,,neal of Jo1an -Russell and John Larkin Appeal of John Russell and John Larkin seeking a variance from w�ectit-)x L �, .� 1 � . Dimensional requirements of the South Burlington Regulations. -Reauest is permission to constinact a 24' x 34' single family dwell. -Ling with att:-ic I-ed. 221 221 garage to within ten (10) feet of the required I -ear yard, at 1-)t t v "?Labegc,_-a Squa--e, Helen Avenue. Mr. 'Ward said the axea was zoned R4 aIid that -tile linimum _required 1,ear yard wss 7SO1. Tl,.e tot is a ver- unv�up.l shaancje�ntoe �i.n ti- "m 1, T "-,j'i. tlle lot lim-Itations 'fa7e -not oreated by the 'Reed aa-4d he jould CITY OF $OUTH BURLINGTON DEPARTMENT OF lPIANNiNG & ZONETG 575 DORSET STREET SOUTH RURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 March 16, 2001 Albert & Marie St. Amand 62 South Willard Street Burlington, VT 05401 Re: Administrative Officer Appeal, 46 Swift Street Dear Mr. & Mrs. St. Amand: Enclosed is the agenda for next Tuesday's Development Review Board meeting and my comments to the Board. Please be sure someone is present on Tuesday, March 20, 2001 at 7:30 P.M. to represent your request. If you have any questions, please give me a call. Sincerely, Raymond 1. Beiair, Administrative Officer RIB/mcp Encls cc: Shireen T. Hart MEMORANDUM To: South Burlington Development Review Board From: Raymond J. Bela dri inistrative Officer Rye: March 20, 2001 agenda items Date: March 16, 2001 1) OTHER BUSINESS a) Enclosed is a letter from Brad Rabinowitz requesting a six month (6) month extension to a site plan approved on 9/5/00 (effective 9/19/00). Staff has no problem granting the extension. Granting the extension will require that a zoning permit be issued by 9/19/01. b) Enclosed is a request from Francis X. Murray, Esquire to amend the minutes of 1/16/01. These minutes have already been approved. I have listened to the tape of the meeting. Some of the words Mr. Murray requests to be added were spoken by him and some of the words were not. It is up to the Board whether they wish to amend the minutes. 3) ALBERT & MARIE ST. AMAND - APPEAL OF ADMEe4ISTRATTVE OFFICER'S DECISION This hearing was continued from the February 6, 2001 meeting at the request of the applicant. This appeal is from a decision made by the Administrative Officer that the property at 46 Swift Street is in violation of the zoning regulations (see enclosed Notices of Violation). Enclosed is staff s 2/6/01 memo regarding this appeal. 4) WYHTE ROCK — PRELIMINARY PLAT — REDUCE LOTS FROM 36 TO 3®, COUNTRY CLUB DRIVE This project consists of amending a previously approved 36 lot single family subdivision on 14.68 acres. The amendment consists of reducing the number of lots from 36 to 30. The sketch plan was reviewed by the Development Review Board at the February 6, 2001 meeting (minutes enclosed). This property is located within the Residential Four District, the Conservation & Open Space District, and the Floodplain Overlay District. The property is bounded on the south by single family dwellings, on the west and north by agricultural land, and on the east by the Winooski River. Lot size/Frontage: The proposed lots meet the minimum frontage requirement of 80 feet as well as the minimum lot size requirement of 9,500 sq. ft. FEB 26 '01 02:22PM EGCLEETO�4 & CPPMER 2 L EGGLES'iON & CR kME1t, LTD. Attcwneys at Law 150 South Champlain Street p.0. Box 1489 Burlington, Versnant 05402-1489 Telephone: (802) 864.0880 iedccogiers (802) $64-0326 F(,srhiaca U, Boo vicwria 1, BMWn Anne gamer Jon R. 990e90n Scot L. XLVe Mark A, Saunders Gail E, WcSWW i?04as J. Weliasky Few F. Wr4 February 6, 2001 VIA FACSIMILE Raymond J. Belair Administxative Officer City of South Burlington Department of Planning &- Zoning. 575 Dorset Street South Burlington, Vermont 05403 Re. Alleged Zoning Violation, 55 Swift Street Dear Mr.13oldr; Mant:ew J. cancr Gary L. Fran6—* swrcen T. 'Hart Cousuel: Fam=a L.. Rickard Neil wh-1-4bI 'Also aamimad in New Sbrk 'Phis letter confirms your telephone conversation with Marie St. Amand on even date wherein you kindly agreed to continue the hearing originally scheduled for this evening until March 20, 2001, at which time, the St. Amands will appear at the beginning of the agenda. 'hank you for your assistance with this matter. Please do not hesitate to contact the regarding the foregoing. Ve. * - yours, art For the Firm. ST1:Ili g Enclosures ;c: Complex 159 FEB 06 '01 02:22PM EGGLESTON & CRRMER -.1'2 Miller, Eggleston & Cramer, Ltd. 150 South Champlain Street P.O. Box 1489 Burlington, VT 05402.1489 $02.864-0880 Fax..802.864.0328 FAX NUMBER TRANSMITTED TO: 1-802-846-4101 — ,Pases Including Cover To .Raymond Belair, Administrative Officer Of: City of South Burlington From: Shireen T. Hari Clierat!Matter: 55 Swift Street, South Burlingtolr, Vermont Date:February 6, 2001 COMMENTS: The information contained in this jacsimile message es injormatton protected by attorna)�clittnt and/or the attorne)W +vark e Of product privilege. i! is inignded only for the use of the tndtvidual named above and the prtvi?, res are fth� acoi Mile is not the this having been aunt by facsimile, If fire person actually receiving this facsimile or any Gti�er reader of l named recipient or the employee or agent responsible to deoivehavF .. a �ittid thisr t� to the named reammunication ecipient, any Bnd som putative imme�tlate! n, or copytrg of the communication is strictly �,roiribiied. If you ' notijv us by telephona and return the original messaLda to us at the about address via L` S. Postal Se+ti'ice• Ip YOU DO NOT RECEIVE A" PAGES, PLEASE TELEPHONE US IMMEDIATELY AT 802-864-0880. CITY OF SOUTH BU LINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 February 2, 2001 Albert & Marie St. Amand 61 South Willard Street Burlington, VT 05401 Re: Administrative Officer Appeal, 46 Swift Street Dear Mr. & Mrs. St. Amand: Enclosed is the agenda for next Tuesday's Development Review Board meeting and my comments to the Board. Please be sure someone is present on Tuesday, February 6, 2001 at 7:30 P.M. to represent your request. If you have any questions, please give me a call. Sincerely, :1 �', 'J,? '�;;y,�.•rA Raymond 3. Belair, Administrative Officer R3B/mcp Encls cc: Shireen T. Hart ZONING BOARD OF ADJUSTMENT APRIL 25, 1983 The South Burlington Zoning Board of Adjustment held a regular meetingion Monday, April 25, 1983 at 5:00 pm in the Conference Room, City Hall, 575 Dorset St. Members Present J. Everett Reed, Chairman; John Dinklage, James Thibault, Fred Blais Members Absent Norman Campbell, James McClary, Alex Guyette Others Present Richard Ward, Zoning Administrator; June Richard, Marcel Richard, Frank McCaffrey, Richard Morvan, Donald & Arnold Marek, Pauline McCaffrey, John Russel, Edwin Sanborn, Robert Audette, Karl Ashline, Mrs. Myette No. 1 Appeal of Donald Marek and Richard Morvan Appeal of Donald Marek and Richard Morvan seeking a variance from Section 11.10, Permitted uses and Section 19.652 Multiple uses of the South Burlington Regulations. Request is for permission to construct five buildings containing a total of 19,678 sq. ft. and occupy said buildings as mini -warehousing in conjunction with a contractor business, at 46 Swift Street. Mr. Ward said'the area was zoned Cl and that storage facilities were not permitted in that zone. Multiple use approval is also needed, since the mini - warehouses will be operated -in conjunction with the existing contractor use. On 12/27/82 variances were granted for an apartment on the second floor and for multiple use (residential and contractor). Proposed now are 5 buildings - 20' x 100', 30' x 150', 30' x 150', 30' x 150', and 20' x 150', for a total of 19,678 sq. ft. The second floor of the dwelling would be an apartment for the warehouse manager. Lot coverage is 70% total. The first floor of the dwelling would remain the contractor's office. All structures on the lot other than the house will be removed. Mr. Morvan noted that at the time they received approval in December, the setback from the Interstate was 1501. They found that the area that affected them was actually a ramp, so that opened up a lot of the property for their use. Now they would like to remove all structures except the house and construct 3 storage buildings in the first phase. He said this would be about equal to the plan in December, but they would life the option to add two other buildings later, if the business continues to grow. The Board was told that the 5 buildings were needed if the economics of the plan were to work. Mr. Morvan said they no longer planned to do manufacturing work on the site. He felt the new proposed use would be clean, have few trips and would use the lot fully. They propose about 200 storage units in the 5 buildings. Mr. Blais was concerned about granting this variance before the time limit on the previous one had expired. Mr. Morvan said this was the final plan. Mr. Dinklage moved that if the appeal is granted, it be approved with the stipulation that the previous variances obtained be null and void. Mr. Blais seconded the motion and it carried unanimously. Mr. McCaffrey, the next door neighbor, said he was concerned about what would be built on the land. He said there was now a rental office on the first floor, and he had not thought that that had been allowed. He added that traffic 2. ZONING BOARD OF ADJUSTMENT APRIL 25, 1983 was terrible. Mr. Morvan said they had moved in in the middle of winter and had not been able to put in a parking lot. They parked on the front lawn, but when spring came, it got very muddy. He said they would add a parking lot in the rear in the next few weeks. He said there had been some traffic due to electricians and telephone workers doing work on the building. Mrs. McCaffrey said there were always at least 4 cars and 2 trucks on the site. Mr. McCaffrey asked about the rental office and Mr. Ward said an office was an office and it could be rented. Mr. Dinklage noted that the mini -warehouses in Williston never seemed busy, and they were nearly all rented. Mr. Reed noted that this use was allowed in other zones in the city. He was told that the boundary line between where the use was allowed and this zone was very close to this property. Mr. Dinklage asked about screening and was told there would be a security fence and about $6,000 worth of trees would be planted. Mr. Morvan did not object to putting a line of trees along the back and side lines. He said that if it turned out that there was no need for the storage use, they would not build the fourth and fifth buildings. Mr. Blais asked if the McCaffreys objected to the kind of use proposed, or if they felt it would adversly impact them later and was told they did not. He said he would like to stipulate that the dwelling be used only for the manager's apartment upstairs and for the offices of the mini -warehouse and the contractor's business only. He also wanted to be sure the mini -warehouse area was not used for manufacturing or fabrication. Mr. Morvan said there were no plans for the latter. As far as the former, Mr.Morvan said upstairs would be the manager's apartment plus an office area. Downstairs they have 5 rooms, and only need 3 for contractor's offices, so they have rented the other area to a software writer. They also have a marketing company which works out of the contracting company. Mr. Morvan said this was a convenient area for their offices and that the manufacturing portion of the business would remain in the present Burlington location. He said the offices downstairs carried the property and it would be a hardship to give them up. Mr. Blais felt the marketing company could remain, since that is related to the contracting business. He did not want to see the house become 5 offices in the future. Mr. Blais moved that, if the variance is approved, that the use be limited to 1) a mini -warehouse use exclusively, excluding any fabrication or construction on site or construction material stora a outside other than what is required by the mini -warehouses and 2 that the existing residential building be limited to office uses germaine to the construction company exclusively and a residence offi use for the resident manager of the mini -warehouse. Mr. Dinklage seconded the motion. Mr. Morvan noted that the marketing company worked exclusively for the construction business at this time, but they could not say that would always be the case. He asked whether the company would have to leave the building if it obtained another client, but Mr. Ward said he could not enforce that. He felt it would be best if the city allowed the first 3 buildings to be built, and then reviewed how the contracting business interacted with the warehouse business, before granting approval for buildings 4 and 5. He was concerned about what the first three buildings would become if mini -warehousing did not work. Mr. Marek said economically they had to have the 5 buildings and Mr. Morvan did not feel they could go to a bank for only the first three, if they were not sure they had approval for the other two. Mr. Ward felt it was the construction business which might cause the problems, not the mini -warehouses. Mr. Morvan said the construction business would use a portion of the mini -warehouse space. The motion carried unanimously. STATE OF VERMONT (t,-,;NiY ON CHiTTENDEN CiTf OF SOUTH BURLINGTON DECISION & FINDING OF FACT Re: Appeal of Donald Marek/Richard Morvan, 46 Swift Street On the 25th day of April 1963 , the South huriin6ton Zoning Board of Adjustment :approved or the appeal of Donald Marek/Richard Morvan, 46 Swift Street based on the following facts: 1) Impact on traffic and site use is limited and controlled by stipulations. 2) Use is compatible with surrounding area uses. 3) Stipulations to handle any traffic impact or other concerns. 4) Confdrms with Section 4468 of the Vermont Planning and Development Act. Ch rman _ of 1 7ITM _ t861 ON`;. VR� 1NC� T1ME RKS OFF, C ZONING BOi,D OF ADJUSTMENT ® T 2 TAX MAP #: 48-2-5 GRAND LIST #: 1700-00046-C FILE #: 82-138,82-145,83-013,90-13,94-12 LOCATION: 46 SWIFT STREET DATE APPLICATION PURPOSE 10-25-82 V & CUP CHURCH & OFFICE 12-27-82 V & CUP INDUSTRIAL BLDGS. 4-25-83 V MINI -STORAGE 5-24-83 SP if 4-8-86 SP 5-14-90 CUP " 1-14-91 APPROVAL -DENIED TRUCK RENTAL 6-13-94 APPROVAL FILLING FILE NAME: LETOURNEAU,JEANNETTE& JOSEPH MORVAN, RICHARD MAREK,DONALD & MORVAN,RICHARD 11 II if ST. AMAND, ALBERT II if I1 it it if NUBLIC NEARING SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD The South Burlington Development Review Board will hold a public hearing at the South Bur- lington City Hall" Confer- ence Room, 575 Dcrset Street, South Burlington, Vermont on Tuesday, Februaray 6, 2001 at 7730 p.m. to consider the following: 1] Application #CU-01- 01 of Mark Chaffee & L Lon Hayes seeking con- ditional use approval from Section 26,05. Con- ditional Uses, and ap- proval from Section 3.506 of the South Bur- lington Zoning Regula- lions. Request is to in- crease the allowable height of a single family dwelling from 25 feet to 27 feet, 3 Lyons Avenue. 2II Appeal #AO-01-01 of A]bert and Marie St. Amand appealing Notice of Violation #NV-01-03 dated 112/01 by the Ad- ministrative Officer and a request for a Stay of En- forcement of the alleged violation for property at 46 Swift Street, 31 Preliminary plat aupti- cation #SD-01-02 of Laurie Farrell and Larry & Cynthia Caron for a Planned residential de- velopment on two f2] parcels of 2.01 acres consisting of: 11 con- struction of a five [51 unit multi -family dwel ing, 2] conversion of a single family dwelling to a two family dwelling, and 31 a single family dwelling to remain unchanged, 1366 & 1386 Williston Road. Copies of the applica- tions are available for Public inspection at the South Burlington City Hail, I John Dinktage, Chairman South Burlington Devel- opment Review Board j January 20, 2001 City of South Burlington Official Use Application to Development Review Board (_� l _ Cj / APPLICATION # � V I l HEARING DATE /) FII.INQ DATE ! -Mc) FEE AMOUNT _ u -2�__ Name ofapplicant(s) Albert and Marie St. Amand Address_ _ _ .. 61 S. Willard Street Tclophonc# ..,_658-6252 Bilrlington, Vt. 054 1 Represontod by Shireen T. Hart, Eggleston X. (� rnmPr, T td Landowner Albert and Marie St. Amand Location and doscriptlon of property 46 Swift Street Adlncent prnpen.y nwner(c) &. Addrecc Type of application check one: (X) appeal from deoisioa of Admialstralor Oflioer (includes appeals from Notice of Violation) ( ) request for n conditional use ( ) request for a variance & ) other request for stay of enforcement I understand the presentation procedures required by Slater Law (Soction 4469 of the Planning & Development Act). Also that hearings are held twice a month (second and fourth Mondays). Thut a legal advertisement must appear u minimum of flfleen (15) days prior to the hearing. I agree to pay a hearing foe which is to off -set the cost of hoaring. Provision of zoning ordinance [it questinn 24 V.S.A. §4443(a)(1j,Section 27.10 ZonitB3tl Reason for appeal Di_sagrPP y7i h_ as psti,ot1 Qf la]'d. deye 1 Qwen i- Other documentation Affidavit of Marie St. Amand in - —_ _._........._ 1 47 l6 / of Enforcement Z� - k 1 Date Si ature SOX)'I,H BURLINGTON ZONTNG NOTICE In accordance with the South Burlington Zoning Regulations turd Chapter 117, Talc 24 V.S.A. the South Burlington Dcvclupincnt Review Buard will hold a public heuring ut tho South Burlington Murtleipal OM,.xs, Conference Ruuni, 515 Duvet Strcct, Soudn Burlington, Vennont on Tuesday, , at 7:30 P.M. to consldcr the following: Application of seeking a from Scction of the South Burlington Zoning Regulations. Request is for permission to EGGLESTON & CRAMER, LTD. Attorneys at Law 150 South Champlain Street P.O. Box 1489 Burlington, Vermont 05402-1489 Telephone: (802) 864-0880 Telecopier: (802) 864-0328 Kathleen M. Boe Victoria J. Brown Anne Cramer Jon R. Eggleston Scot L. Kline Mark A. Saunders Gail E. Westgate Douglas J. Wolinsky Peter F. Young January 9, 2001 Clerk of Development Review Board 575 Dorset Street South Burlington, VT 05403 Dear Sir or Madam: Matthew J. Carter Gary L. Franklin's Shireen T. Hart Counsel: Patricia L. Rickard Neil Wheelwright " Also admitted in New York Enclosed for filing, please find a City of South Burlington Application to Development Review Board re: appeal from decision of Administrative Officer. In particular, Raymond J. Belair issued a Notice of Violation regarding 46 Swift Street to Marie and Albert St. Amand which Mr. and Mrs. St. Amand appeal. Attached to the Application is a Request for Stay of Enforcement, along with the Affidavit of Marie St. Amand. Finally, please find a check in the amount of $85.00. Please do not hesitate to contact me with any questions or concerns. V ly yours, Shiree a�- For the Firm STH/j g Enclosures cc: Raymond J. Belair, Administrative Officer Albert and Marie St. Amand S:\SHart\st amand\Easy Self Storage\Clerk Development.ltr.wpd ,j . REQUEST FOR STAY OF ENFORCEMENT Zoning Violation, 46 Swift Street Dated January 2, 2001 Administrative Officer Raymond J. Belair Albert and Marie St. Amand (the "St. Amands") seek a stay of enforcement of the Notice of Violation, dated January 2, 2001, issued by Raymond J. Belair in connection with 46 Swift Street (the "Property"), as follows: The St. Amands dispute that they have commenced land development on the Property and seek a stay during the pendency of their appeal submitted herewith, in accordance with 24 V.S.A. § 4466. 2. In order to comply with the mandates of the Notice, the St. Amands must remove a utility trailer, referenced in the Notice as a "large red mobile home trailer type structure," from the Property. This trailer has been on Lot 46 since the St. Amands purchased the property. At all times relevant to this matter, the St. Amands have used this trailer exclusively to maintain materials which are required for the operation of the mini -warehouses, such as plywood and other materials necessary for the upkeep of the warehouses, as provided for by the South Burlington Zoning Board of Adjustment when it granted a use variance for the existing warehouse buildings on April 5, 1983. 3. Attached to the Affidavit of Marie St. Amand as Exhibit A are photographs of the trailer, taken on January 9, 2001, which reflect the current condition of the trailer. To remove the trailer, the St. Amands will be forced to remove approximately four feet of snow which currently surrounds the trailer. Given the proximity of the trailer to the neighboring warehouse, there is inadequate space for a snow plow to gain access to the western side of the trailer. 4. The St. Amands seek a stay of enforcement such that they are not required to remove the trailer, assuming arguendo they are denied relief on their appeal, until springtime, when access to the trailer will be unimpaired. Based on the foregoing, irremediable damages will result to the St. Amands if a stay of the enforcement of the Notice of Violation dated January 2, 2001 is not issued. WHEREFORE, Albert and Marie St. Amand respectfully request a stay of enforcement of the Notice of Violation, dated January 2, 2001. Dated this 9th day January, 2001 9:\eH.nm vnand`,Euy Half 9wrupellryuan For 8�.y2wpd EGGLESTON & CRAMER, LTD. C ` By: Shireen T. H 2 P.O. Box 1489 150 South Champlain Street Burlington, VT 05402-1489 (802)864-0880 Attorneys for Albert and Marie St. Amand AFFIDAVIT OF MARIE ST. AMAND IN SUPPORT OF REQUEST FOR STAY OF ENFORCEMENT APPLICATION NO. Zoning Violation, 46 Swift Street Dated January 2, 2001 Administrative Officer Raymond J. Belair The undersigned, Marie St. Amand, under oath, states as follows: l . I am one of the owners of the land and premises located at 46 Swift Street. 2. On behalf of the owners of Lot 46, I dispute that land development has been commenced as set forth in the Notice of Violation, dated January 2 2001. 3. In order to comply with the mandates of the Notice, we must remove a utility trailer, referenced in the Notice as a "large red mobile home trailer type structure," from the Property. This trailer has been on Lot 46 since before we purchased the property. 4. At all times relevant to this matter, we have used this trailer exclusively to maintain materials which are required for the operation of the mini -warehouses, such as plywood and other materials necessary for the upkeep of the warehouses, as provided for by the Zoning Board of Adjustment when it granted a use variance to the previous owner for the existing warehouse buildings on April 5, 1983. 5. Attached as Exhibit A are photographs of the trailer which I took on January 9, 2001. These photographs reflect the current condition of the trailer. To remove the trailer, we will be forced to remove approximately four feet of snow which currently surrounds the trailer. Given the proximity of the trailer to the neighboring warehouse, there is inadequate space for a snow plow to gain access to the western side of the trailer. Date 1 / 5 / o 1 14• mac, Marie St. Amand Subscribed and sworn to before me this X day of January, 2001. Notary My Commission Expires: Zi 10 103 S:\SHart\st amand\Easy Self Storage\M.St. Amand-Affidavit wpd FA �14 I EXHIBIT A mwmmmwm� City of South Burlington Official Use Application to Development Review Board APPLICATION # BE, DATE PILINQ DATE FEE AMOUNT Name ofapplicant(s) Albert and Marie St. Amand Address. 61 S. Willard Street Telephone # . _6j 8 625•2 Burlington, Vt. 054 1 Represented by Shireen T. Hart, Eggleston R CramP>•, T t-H I.andowner Albert and Marie St. Amand Location and description of property 46 Swift Street Adincent pmperty nwtter(q & Addrecc Type of applicatinn check one: (X) ai>peal from deoision of Administrator OfIloer (includes appeals from Notice of Violation) ( ) request for a condltlonal use ( ) request for a variance (X) other request for stay of enforcement I understand the presentation procedures required by Slate Law (Section 4469 of the Planning & Development Act). Also that hearings ure held twice u month (second and fourth Mondays), Thut a legal advertisement must appear a minimum of fifteen (15) duya prior to the hearing. I agreo to pay a hearing foe which is to offset the cost of hearing. provision of zoning ordinance In question 24 V.S.A. 4443(a)(1)• Section 27.10 Zoniug_ByJaws,.._. Reason for appeal Di sagr ee with asser_di,Q)Z•Qf 1 u d_. deYPI.OP?Pn Oiher documentation Affidavit of Marie St. Amand in.sulDDort of Re est or Stay 1/5 to / of Enforcement — Date SI ature T SOi)'(*H B RLING'I'ON ZONTNO NOTICE )n accordance with the South Burlington Zoning RLgulations turd Chapter 117, Title 24 V.S.A. the South Burlington De:velupincnt Rcvicw Buard will hold a public hcuring at the South Durlingum Municipal OMccs, Confcrcnrc Room, 575 Durnet Street, Soudi Burlington, Vermont on Tuesday, , at 7,30 I'.M. to consider the following: Applictrion of seeking a from Section of the South Burlington Zoning Regulations. Request is for permission to REQUEST FOR STAY OF ENFORCEMENT Zoning Violation, 46 Swift Street Dated January 2, 2001 Administrative Officer Raymond J. Belair Albert and Marie St. Amand (the "St. Amands") seek a stay of enforcement of the Notice of Violation, dated January 2, 2001, issued by Raymond J. Belair in connection with 46 Swift Street (the "Property"), as follows: The St. Amands dispute that they have commenced land development on the Property and seek a stay during the pendency of their appeal submitted herewith, in accordance with 24 V.S.A. § 4466. 2. In order to comply with the mandates of the Notice, the St. Amands must remove a utility trailer, referenced in the Notice as a "large red mobile home trailer type structure," from the Property. This trailer has been on Lot 46 since the St. Amands purchased the property. At all times relevant to this matter, the St. Amands have used this trailer exclusively to maintain materials which are required for the operation of the mini -warehouses, such as plywood and other materials necessary for the upkeep of the warehouses, as provided for by the South Burlington Zoning Board of Adjustment when it granted a use variance for the existing warehouse buildings on April 5, 1983. Attached to the Affidavit of Marie St. Amand as Exhibit A are photographs of the trailer, taken on January 9, 2001, which reflect the current condition of the trailer. To remove the trailer, the St. Amands will be forced to remove approximately four feet of snow which currently surrounds the trailer. Given the proximity of the trailer to the neighboring warehouse, there is inadequate space for a snow plow to gain access to the western side of the trailer. 4. The St. Amands seek a stay of enforcement such that they are not required to remove the trailer, assuming arguendo they are denied relief on their appeal, until springtime, when access to the trailer will be unimpaired. Based on the foregoing, irremediable damages will result to the St. Amands if a stay of the enforcement of the Notice of Violation dated January 2, 2001 is not issued. WHEREFORE, Albert and Marie St. Amand respectfully request a stay of enforcement of the Notice of Violation, dated January 2, 2001. Dated this 9th day January, 2001 EGGLESTON & CRAMER, LTD. By: Shireen T. HaK 2 P.O. Box 1489 150 South Champlain Street Burlington, VT 05402-1489 (802) 864-0880 Attorneys for Albert and Marie St. Amand AFFIDAVIT OF MARIE ST. AMAND IN SUPPORT OF REQUEST FOR STAY OF ENFORCEMENT APPLICATION NO. Zoning Violation, 46 Swift Street Dated January 2, 2001 , Administrative Officer Raymond J. Belair The undersigned, Marie St. Amand, under oath, states as follows: I am one of the owners of the land and premises located at 46 Swift Street. 2. On behalf of the owners of Lot 46, I dispute that land development has been commenced as set forth in the Notice of Violation, dated January 2 2001. 3. In order to comply with the mandates of the Notice, we must remove a utility trailer, referenced in the Notice as a "large red mobile home trailer type structure," from the Property. This trailer has been on Lot 46 since before we purchased the property. 4. At all times relevant to this matter, we have used this trailer exclusively to maintain materials which are required for the operation of the mini -warehouses, such as plywood and other materials necessary for the upkeep of the warehouses, as provided for by the Zoning Board of Adjustment when it granted a use variance to the previous owner for the existing warehouse buildings on April 5, 1983. 5. Attached as Exhibit A are photographs of the trailer which I took on January 9, 2001. These photographs reflect the current condition of the trailer. To remove the trailer, we will be forced to remove approximately four feet of snow which currently surrounds the trailer. Given the proximity of the trailer to the neighboring warehouse, there is inadequate space for a snow plow to gain access to the western side of the trailer. Date dA4-,4j 4• c Marie St. Amand Subscribed and sworn to before me this X day of January, 2001. `�90 Notary My Commission Expires:Q 3 S:\SHart\st amand\Easy Self StorageN. St. Amand-Affidavit-pd 2 alp!'!N.+ ..jl FT ay. Y P''� I! T .. i•• EXHIBIT A IL .C74 o AIM � 1 �• 1 i l� Se a.