HomeMy WebLinkAboutBATCH - Supplemental - 0110 Central AvenueCITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING & ZONING
DEVELOPMENT REVIEW BOARD
Report preparation date: May 10, 2004
1drb\misc\turner\conditional_use.doc
Application received: April 19, 2004
CONDITIONAL USE APPLICATION #CU-04-5
110 CENTRAL AVENUE
Agenda #5 Meeting
Date: May 18, 2004
Owners/Applicants
Mike Turner and Mary Jo Reale
110 Central Avenue
S. Burlington, VT 05403
Architect
Property Information
Lawrence Atkin Architect, Inc.
Tax Parcel 0330-00110-R
63 Central Avenue
Queen City Park Zoning District
S. Burlington, VT 05403
Location Map
1
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CITY OF SOUTH BURLINGTON 2 DEPARTMENT OF
DEVELOPMENT REVIEW BOARD PLANNING & ZONING
1drblmisclturnerlconditional use.doc
Mike Turner and Mary Jo Reale, hereafter referred to as the applicants, are requesting
conditional use approval for a 240 square foot expansion of a single-family dwelling by
enclosing a deck, 110 Central Avenue.
Associate Planner Brian Robertson and Administrative Officer Ray Belair, referred to herein as
Staff, have reviewed the plans submitted on April 19, 2004 and have the following comments.
SURFACE WATER PROTECTION REVIEW STANDARDS
Pursuant to Section 3.11(D) of the Land Development Regulations, the proposed conditional
use shall meet the following standards:
1. Except as otherwise provided in sub -sections (2) and (3) below, and in Article 4,
Section 4.08, Queen City Park District, and in Article 12, Section 12.01(D), any non-
complying building or structure may be altered, including additions to the building or
structure, provided such alteration does not exceed in aggregate cost thirty-five percent
(35%) for residential properties and twenty five percent (25%) for industrial and
commercial property of the current assessed value as determined by the City Assessor
and in compliance with Section 3.11(B) above. In the event an addition or an expansion
to a building or structure is proposed, the addition or expansion itself must comply with
the provisions of these regulations (e.g., setback requirements),
The assessed value of the building and land at 110 Central Avenue is $364,000. The
estimated cost of the proposed addition is $25,000. Therefore, the proposed project meets this
requirement.
2. The thirty-five percent (35%) limitation for residential properties described above shall
not apply to structures on lots that were in existence prior to February 28, 1974.
The structure on the subject lot was not in existence prior to February 28, 1974.
QUEEN CITY PARK REVIEW STANDARDS
Pursuant to Section 4.08(D) of the Land Development Regulations, the proposed conditional
use shall meet the following standards:
1. The maximum height for all structures shall be no more than twenty-five (25) feet
above the average pre -construction grade adjoining such structure. See Article 3,
Section 3.07(B) for definition of pre -construction grade.
The proposed addition is 25' feet above the average pre -construction grade.
CITY OF SOUTH BURLINGTON 3 DEPARTMENT OF
DEVELOPMENT REVIEW BOARD PLANNING & ZONING
ldrb\misc\turner\condibonal use.doc
1. The height of the proposed addition shall not exceed 25' above the average pre -construction
grade.
2. The maximum height of a structure may be increased to thirty-five (35) feet if approved
by the Development Review Board subject to the provisions of Article 14, Conditional
Use Review. In addition, the Development Review Board shall determine that the
proposed increase in height will not affect adversely:
This criterion is not applicable to the proposed project.
(a) Views of adjoining and/or nearby properties;
This criterion is not applicable to the proposed project.
(b) Access to sunlight of adjoining and/or nearby properties; and
This criterion is not applicable to the proposed project.
(c) Adequate on -site parking.
This criterion is not applicable to the proposed project.
3. Rooftop apparatus, such as solar collectors, television antennas, and air conditioning
equipment shall be included in the height measurement Chimneys for residential
structures shall be exempt from the height limitations.
This has been acknowledged in the height calculations for the proposed project.
4. Television antennas and steeples for places of worship that are taller than normal
height limitations may be approved by the Development Review Board subject to the
provisions of Article 14, Conditional Use Review.
This criterion is not applicable to the proposed project.
5. Any non -complying building or structure may be altered provided such work does
not:
(a) Exceed in aggregate cost thirty-five percent (35%) for residential properties and
twenty-five percent (25%) for non-residential properties of the fair market value as
determined by the City Assessor or by a separate independent appraisal approved by the
Administrative Officer, or
The assessed value of the building and land at 110 Central Avenue is $364,000. The
estimated cost of the proposed addition is $25,000. Therefore, the proposed project does not
exceed 35% of the properties fair market value.
(b) Involve an increase to the structure's height or footprin4 or otherwise involve an
increase to the square footage of the building or structure.
CITY OF SOUTH BURLINGTON 4 DEPARTMENT OF
DEVELOPMENT REVIEW BOARD PLANNING & ZONING
\drbVnisc\tumer\conditional use doc
The proposed project does involve an increase to the structure's height, and therefore the
square footage of the building.
6. The Development Review Board may approve any alteration which exceeds the thirty-
five and twenty -rive percent rule described above or which involves an increase to the
structure's height, footprint or square footage subject to the provisions of Article 14,
Conditional Use Review.
The provisions of Article 14, Conditional Use Review have been addressed below.
7. In addition to the provisions set forth above, the Development Review Board shall
determine that the proposed alteration or expansion will not adversely affect.,
(a) Views of adjoining and/or nearby properties;
The subject property is at the end of Central Avenue and is surrounded by a wooded area and
the Potash Brook. The proposed project will adversely affect the views of adjoining or nearby
properties.
(b) Access to sunlight of adjoining and/or nearby properties; and
The proposed project will not adversely affect the access to sunlight by adjoining or nearby
properties.
(c) Adequate on -site parking.
The proposed project will not alter or affect on -site parking.
8. Development, construction, and alterations within the QCP District within one
hundred (100) linear feet of the center line of Potash Brook shall be subject to the
requirements of the Potash Brook Overlay District
Currently, the City does not have any additional requirements for the Potash Brook Overlay
District.
9. Multi -family dwellings shall be subject to site plan review, as per Article 14.
This criterion is not applicable to the proposed project.
SITE PLAN REVIEW STANDARDS
Section 14.06 of the South Burlington Land Development Requlations establishes the followin
-general review standards for all site plan applications:
(a) The site shall be planned to accomplish a desirable transition from structure to site,
from structure to structure, and to provide for adequate planting, safe pedestrian
movemen4 and adequate parking areas.
CITY OF SOUTH BURLINGTON 5 DEPARTMENT OF
DEVELOPMENT REVIEW BOARD PLANNING & ZONING
ldrb\misc\turnerlcondibonal use.doc
The site is not being altered in a way that will jeopardize a desirable transition from structure to site
or from structure to structure. The site will still provide for adequate planting, safe pedestrian
movement, and adequate parking.
(b) Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
The parking layout on the property will remain unchanged though the proposed project
(c) Without restricting the permissible limits of the applicable zoning district; the height
and scale of each building shall be compatible with its site and existing or adjoining
buildings.
The height of the proposed addition is 25', which is compatible with the existing buildings in the
area.
(co Newly installed utility services and service modifications necessitated by exterior
alterations or building expansions shall, to the extent feasible, be underground.
2. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines,
services, and service modfcations shall be underground.
(e) The DRB shall encourage the use of a combination of common materials and
architectural characteristics, landscaping, buffers, screens and visual interruptions
to create attractive transitions between buildings of different architectural styles
The proposed project will not create buildings of different architectural styles.
(f) Proposed structures shall be related harmoniously to themselves, the terrain, and to
existing buildings and roads in the vicinity that have a visual relationship to the
Proposed structures
The proposed addition relates harmoniously to the terrain and the existing buildings in the area.
Site plan applications shall meet the following speck standards as set forth in Section 14.07 of the
South Burlington Land Development Regulations:
(a) The reservation of land may be required on any lot for provision of access to
abutting properties whenever such access is deemed necessary to reduce curb cuts
onto an arterial of collector street; to provide additional access for emergency or
other purposes, or to improve general access and circulation in the area.
Staff does not feel it is necessary to require any additional access to abutting properties.
(b) Electric, telephone and other wire -served utility lines and service connections shall
be underground. Any utility installations remaining above ground shall be located so
as to have a harmonious relation to neighboring properties and to the site.
CITY OF SOUTH BURLINGTON 6 DEPARTMENT OF
DEVELOPMENT REVIEW BOARD PLANNING & ZONING
1drblmiscltumerlconditional use doc
Staff has already stated that pursuant to Section 15.13(E) of the Land Development Regulations,
any new utility lines, services, and service modifications shall be underground.
(c) All dumpsters and other facilities to handle solid waste, including compliance with
any recycling or other requirements, shall be accessible, secure and properly
screened with opaque fencing to ensure that bash and debris do not escape the
enclosure(s).
No dumpsters exist on the subject property, nor are any dumpsters being proposed through this
project.
(d) Landscaping and Screening Requirements
Pursuant to Table 13-9 of the Land Development Regulations, the proposed project will require a
minimum of $750 of landscaping. The plans do not depict any additional landscaping. While the
site is heavily landscaped, staff feels the applicant should comply with the minimum landscaping
requirement.
3. The plans shall be revised to depict a minimum of $750 worth of landscaping, prior to issuance
of a zoning permit.
(e) Access/Circulation
Access and circulation on the property will remain unchanged through the proposed project.
(t) Setbacks
The building footprint already exists and is in compliance with the setback requirements outlined
in Table C-2 of the Land Development Regulations.
(g) Traffic
Traffic will remain unchanged through the proposed project.
(h) Lighting
The proposed project is for a single-family home, which are exempt from the City's lighting
standards.
CONDITIONAL USE REVIEW STANDARDS
Pursuant to Section 14.10(E) of the Land Development Regulations the proposed conditional
use shall meet the following standards:
1. The proposed use, in its location and operation, shall be consistent with the planned
character of the area as defined by the City of South Burlington Comprehensive Plan.
The proposed addition to the existing single-family dwelling is in keeping with the planned
CITY OF SOUTH BURLINGTON 7 DEPARTMENT OF
DEVELOPMENT REVIEW BOARD PLANNING 8 ZONING
%drblmisclturnerlconditional use doc
character of the area as identified in the Comprehensive Plan
2. The proposed use shall conform to the stated purpose of the district in which the
proposed use is located.
According to Section 4.08(A) of the Land Development Regulations, the QCP Zoning District is
formed to encourage residential uses at densities and setbacks that are compatible with the
existing character of the QCP neighborhood. It is designed to promote smaller lots, and
reduced setbacks.
Staff feels that the proposed addition to the existing single-family dwelling is keeping in with the
purpose of the QCP Zoning District.
3. The Development Review Board must find that the proposed uses will not adversely
affect the following:
(a) The capacity of existing or planned municipal or educational facilities.
Staff does not believe that the proposed addition will adversely affect municipal services.
(b) The essential character of the neighborhood or district in which the property is
located, nor ability to develop adjacent property for appropriate uses.
Staff believes that the proposed addition is in keeping with the character of surrounding
properties and will not adversely affect the character of the area or the ability to develop
adjacent properties.
(c) Traffic on roads and highways in the vicinity.
The proposed addition will not affect traffic in the vicinity.
(d) Bylaws in effect
The proposed addition will not affect bylaws in the vicinity.
(e) Utilization of renewable energy resources.
The proposed addition will not affect renewable energy resources.
(t) General public health and welfare.
The proposed addition will not have an adverse affect on general public welfare.
Other
The City Engineer reviewed the plans for the proposed project and provided comments dated
April 30, 3004 (attached).
4. The plans shall be revised to comply with the requests of the City Engineer, as outlined in his
CITY OF SOUTH BURLINGTON 8 DEPARTMENT OF
DEVELOPMENT REVIEW BOARD PLANNING & ZONING
\drb\misc\tumer\conditional use.doc
comments dated April 30, 2004, prior to issuance of a zoning permit.
RECOMMENDATION
Staff recommends that the Development Review Board approve Conditional Use application #CU-
04-05, conditional upon the applicant addressing the numbered items in the "Comments" section of
this document.
Respectfully submitted,
Brian Robertson, Associate Planner
Copy to: Mike Turner, applicant
Liall Ll,'
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING & ZONING
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
(802) 846-4106
FAX (802) 846-4101
May 20, 2004
Mike Turner
Mary Jo Reale
110 Central Avenue
South Burlington, VT 05403
Re: Conditional Use Application 4CU-04-05
Dear Mr. Turner & Ms. Reale:
Enclosed, please find a copy of the Findings of Fact and Decision of the above referenced
project approved by the South Burlington Development Review Board on 5/18/04
(effective 5/19/04). Please note the conditions of approval, including that the applicant
shall obtain a zoning permit within six (6) months of this approval or this approval is null
and void. In addition, the applicant shall obtain a Certificate of Occupancy prior to use of
this structure.
If you have any questions, please contact me.
Sincerely,
Betsy McDonough
Administrative Assistant
Encl.
Certified Mail- Return Receipt Requested - #7003 3110 0001 3598 4490
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DEVELOPMENT REVIEW BOARD
18 MAY 2004
Mr. Belair noted that the applicant needs to show that their plantings meet the $750
landscaping requirement. He explained the options for bonding.
The approval motion was amended as follows:
Stipulation #3a was replaced with the following wording: "The Plan shall be revised to
depict a handicapped space".
Stipulation #3b had the following language added: "...which shall include a landscape
budget."
Mr. Boucher moved to approve Conditional Use Permit #CU-04-16 and Site Plan
Application #SP-04-16 of Jennifer Gracie subject to the stipulations in the draft motion as
amended above. Ms. Quimby seconded. Motion passed unanimously.
L5.� Public Hearing: Application #CU-04-15 of Mike Turner and Mary Jo Reale
seeking conditional use approval under Section 14.10, Conditional Use
Review of the South Burlington Land Development Regulations. Request is
for permission to allow a 240 sq. ft. expansion of a single family dwelling by
enclosing a deck, 110 Central Avenue:
Mr. Turner asked the Board to waive the landscape requirement. He said the porch is on
the second floor in back of the house. He also showed pictures of the existing
landscaping on the property.
Mr. Belair had no problem granting the questions as the enclosing of the deck won't
affect views. Members agreed.
The draft motion was amended to delete Stipulation 2b and to change Stipulations #6 to
read: "The Board grants a $750 credit for existing landscaping."
Mr. Boucher moved to approve Application #CU-04-15 of Mike Turner & Mary Jo Reale
subject to the stipulations in the draft motion as amended above. Ms. Quimby seconded.
Motion passed unanimously.
6. Sketch Plan Application #SD-04-27 of Verizon to amend a previously
approved planned unit development consisting of 117 multi -family
residential units in 16 buildings. The amendment consists of. 1) constructing
a 11' x 17'.5" utility hut, and 2) adding decorative fencing along the
Hinesburg Road and Eldredge Street frontage, 33 Eldredge Street:
Mr. Belair said the main issue is a request for a setback waiver in front. Members had no
problem with this.
Mr. Rice asked that preliminary and final plat be combined. The Board had no issues.
No Text
11
CITE' OF SOUTH BURLINGTON
DEPARTMENT OF PI,ANNING & ZONING
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
(802) 846-4106
FAX (802) 846-4101
June 2, 2004
Mike Turner
no Central Avenue
South Burlington, VT 05403
Re: Minutes
Dear Mr. Turner:
Enclosed, please find a copy of the minutes from the May 18, 2004 Development
Review Board meeting.
If you have any questions, feel free to contact me.
Sincerely,
" � 1 L1
Betsy McDonough
Administrative Assistant
Encl.
2004; Published
Effective 5/19/04
n [Brackets] delete.
inderlined add.
BURLINGTON
REGULATIONS
ving traffic regulations
y enacted by the Public
nmission as amend -
Appendix C, Motor
and the City of
n's Code of Ordinances:
Handicap spaces
ed.
i shall park any vehicle
Tie in the following
, except automobiles
g special handicapped
later issued pursuant to
1325, or any amend-
•enumbering thereof:
,ugh (54) As Written
:he west side of Pine
?80 feet north of
treet] 50 feet south of
)ugh (146) As Written
this 7th day of April
the Board of Public
mmissioners:
ignature
Wwin, P.E.
: Director - Technical
to 6:00 p.m., Monday through
Friday include:
(1) through (5) As Written
(6) [Three spaces in front of
#436 Maple Street, 1 space just
east of the driveway and the 2
remaining spaces just west of
the driveway.] Reserved.
(7) through (15) As Written
Adopted this 7th day of April
2004 by the Board of Public
Works Commissioners:
Attest: signature
Norm Baldwin, P.E.
Assistant Director - Technical
Services
Adopted 4/7/2004 Published
4/28/04; Effective 5/19/04
Material in [Brackets] delete.
Material underlined add.
CITY OF BURLINGTON
TRAFFIC REGULATIONS
The following traffic regulations
are hereby enacted by the Public
Works Commission as amend-
ments to Appendix C, Motor
Vehicles, and the City of
Burlington's Code of Ordinances:
Sec. 16. Bus stop.
(a) The following spaces are
hereby designated as bus stops.
PUBLIC HEARING
SOUTH BURLINGTON DEVEL-
OPMENT REVIEW BOARD
The South Burlington
Development Review Board will
hold a public hearing at the
South Burlington City Hall
Conference Room, 575 Dorset
Street, South Burlington,
Vermont on Tuesday, May 18,
2004, at 7:30 P.M. to consider
the following:
1. Appeal #AO-04-01 of Wesco,
Inc., appealing decision of
Administrative Officer to deny
zoning permit #ZP-04-047 to
construct a 24' x 24' diesel pump
canopy, 1108-1118 Williston Rd.
2. Conditional use permit #CU-
04-16 of Jennifer Gracie for a
14-student day care facility
under Section 14.10, Conditional
Use Review of the South
Burlington Land Development
Regulations, 184 Spear St.
3. Application #CU-04-15 of
Mike Turner and Mary Jo Reale
seeking conditional use approval
under Section 14.10, Conditional
Use Review of the South
Burlington Land Development
Regulations. Request is for per-
mission to allow a 240 sq. ft.
expansion of a single family
dwelling by enclosing a deck,
110 Central Ave.
Copies of the applications are
available for public inspection
the South Burlington City Hatt.
John Dinklage, Chairman
South Burlington Development
Review Board
April 28, 2004
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Bill Szymanski, City Engineer
City of South Burlington
575 Dorset Street
South Burlington, VT 05403
846-4io6 - ph 846-4101 - fax
TURNER-REALE RESIDENCE
CENTRAL AVENUE
QUEENY CITY PARK
4/30/04
1. Plan should show the lot lines of property. Also, sewer and water connections
should be shown.
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING & ZONING
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
(802) 846-4106
FAX (802) 846-4101
May 14, 2004
Mike Turner
110 Central Avenue
South Burlington, VT 05403
Re: 110 Central Avenue
Dear Mr. Turner:
Enclosed is the agenda for next Tuesday's Development Review Board meeting
and staff comments to the Board. Please be sure that someone is at the meeting
on Tuesday, May 18, 2004 at 7:30 p.m. at the City Hall Conference Room, 575
Dorset Street.
If you have any questions, please give us a call.
Sincerely,
Betsy McDonough
Administrative Assistant
Encl.
CITY OF SOUTH BURLINGTO�-,1
DEPARTMENT OF PLAIa NE'gG & ZONING
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
(802) 846-4106
FAX (802) 846-4101 - „ _ O S
Permit Number CIA �_
APPLICATION FOR THE DEVELOPMENT REVIEW BOARD
All information requested on this application must be completed in full. Failure to provide the requested information either
on this application form or on the site plan will result in your application being rejected and a delay in the review before the
Development Review Board.
I understand the presentation procedures required by State Law (Section 4468 of the Planning & Development Act). Also
that hearings are held twice a month. That a legal advertisement must appear a minimum of fifteen (15) days prior to the
hearing. I agree to pay a hearing fee which is to off -set the cost of hearing.
Type of application check one:
( ) Appeal from decision of Administrator Officer (includes appeals from Notice of Violation)
(' Request for a conditional use
( ) Request for a variance
( ) Other
PROVISION OF ZONING ORDINANCE IN QUESTION (IF ANY)
tI TllE��iU1 S �.iriv ✓azv E -Zv CR0A-46 7-,o
WHAT ACTION OF THE ADMINISTRATIVE OFFICER ARE YOU APPEALING?
1) OWNER OF RECORD (Name as shown on deed, mailing address, phone and fax
M► w. F -r, .rQA/" M WP—v -TD 2 F4 L E c
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2) LOCATION OF LAST RECORDED DEED (Book and page #) VO4- 35 7 �4W_ - 5
3) APPLICANT (Name, mailing
and fax #) I 46- TUP-46 2 1'' k&VTO kE;AL-kC-
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4) CONTACT PERSON (Name, mailing address, phone and fax #) 3 M-►'Vt r=- _
5) PROJECT STREET ADDRESS: 9I&M J�
6) TAX PARCEL ID# (can be obtained at Assessor's Office) O s s d — o o l i Q
7) PROJECT DESCRIPTION
a) Existing Uses on Property (including description and size of each separate use)
.1*
b) Proposed Uses on property (include description and size of each new use and exsting uses to
c) Total building square rootage ion�r®.petty (proposed buildings and existing buildings to rain) lr
d) Height of building �& number of floors (proposed buildings and existing buildings to remain, specify if basement
and mezzanine) �5� —r w :> iL 74c'S L/ viAlG- &,4e,-- ✓V e, - .4.jyA—roW --- /%✓ T
e) Number of residential units (if applicable, new units and existing units to remain)
f) Number of employees & company vehicles (existing and proposed, note office versus non -office employees)
g) Other (list any other information pertinent to this application not specifically requested above,
please note if Overlay Districts are applicable): � YI Z,15 ; j, Utz.sa F'r _
8) LOT COVERAGE
a) Building: Existing 'Yo Proposed
b) Overall (building, parking, outside storage, etc)
�I✓r'�,zee,X Existing Proposed %
Front yard (along each street) Existing % Proposed %
(does not apply to residential uses)
UaV514G
9) COST ESTIMATES
a) Building (including interior renovations): $ ,��, Dp0
b) Landscaping: $
c) Other site improvements (please list with cost):
,1-0) ESTIMATED TRAFFIC
a) Average daily traffic for entire property (in and out):
b) A.M. Peak hour for entire property (in and out):
c) P.M. Peak hour for entire property (In and out):
11) PEAK HOURS OF OPERATION:
12) PEAK DAMS OF OPERATION:
13) ESTIMATED PROJECT COMPLETION DATE:
14) LIST ABUTTERS ( List names and addresses of all abutting property owners on a separate sheet
of paper).
1 FS' .44JA 1)4 r?)`
10
VT t) fin?
I hereby certify that all the information requested as part of this application has been submitted and is
accurate to the best of my knowledge.
IF
tE OF APPLICANT
SIGNATLT40 �.OWNEA
Do not write below this line
DATE OF SUBMISSION: /
REVEEW AUTHORITY: Development Review Board ❑ Director, Planning & Zoning
I have reviewed this site plan application and find it to be:
Complete ❑ Incom 1
& Zoning or Designee
Date
d
I�Z6)7—Td6�
12,6� -/--
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sea '� 4- 5-�� �
MEMORANDUM
To: South Burlington Zoning Board of Adjustment
From: Richard Ward, Zoning Administrative Officer
Re: December 28, 1998 Agenda Items
Date: December 18, 1998
1) MICHAEL TURNER - 110 CENTRAL AVENUE
Area in question zoned QCP District.
Section 26.40 Home occupation - "use of a minor portion of a dwelling."
Request is for permission to use a minor portion of a garage (2°d story) as a business office.
Garage 24' x 34' 2 story - second floor contains guest quarters (bedroom/bath) and approximately
300 square feet of office area.
Variance granted 6/13/94 for existing structures.
2) WILLIAM & NANCY JACOBUS - 11 BAYCREST DRIVE
Area in question zoned R-4 District.
Section 25.00 Dimensional requirements - minimum side yards ten (10) feet.
Request to adjust a boundary line (Planning Commission approval required) which creates a
easterly side yard of 9.7 feet. Steps from rear deck to be relocated.
Existing westerly side yard 9.7 feet resulting from original replacement of structure.
Letter from Attorney Wheelwright explains the chain of events.
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CENTRAL AVENUE
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NOTE, TOPO 4 DOUNDAMr 1WOMlATION PROVIDED BY MICWAEL ?11 Pt 4 MART JO
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I SOUTH BURLINGTON
ZONING NOTICE
In accordance with
ithe South Burlington
Zoning Regulations and
Chapter 117, Title 24,
V.S.A. the South Burling-
ton Zoning Board of
Ad1'ustment will hold a
public hearing at the
South Burlingtm Munici-
pal Offices, Conference
Room, 575 Dorset
Street, South Burlington,
Vermont on Monday,
December 28, 1998 at i
7:00 P.M to consider the
following:
#1 Appeal of Michael
turner & Mary Jo Reale
seeking a variance from f
Section 26.40 Home oc-
cupation of the South
Burlington Zoning Regu-
lations. Request is for
permission to convert a
portion of a garage into
office area for a home
occupation, located at
110 Central Avenue.
#2 Appeal of William
& Nancy Jacobus seek-
ing a variance from Sec-
tion 25.00 Dimensional
requirements of the
South Burlington Zoning
Regulations. Request is
for permission to adjust
a boundary line which
creates an easterly side
yard of nine feet seven
inches (9.7) also, estab-
lishes the same westerly
side yard which is the
result of the original
replacement of the struc-
ture, located at 11 Bay -
crest Drive.
Richard Ward,
Zoning Administrative
Officer
December 12, 1998
City of South Burlington
575 OORSET STREET
SOUTH BURLINGTON, VERMONT 05403
FAX (802) 658-4748
PLANNING
�802)658-7955
December 14, 1998
Mr. Michael Turner
1 10 Central Avenue
South Burlington, Vermont 05403
Re: Zoning Appeal
Dear Mr. Turner:
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, December 28, 1998 at 7:00
P.M. to consider your request for a zoning variance.
ZONING
302)658-7958
Please plan to attend this meeting and be prepared to address the enclosed review criteria. If you
have any questions, please don't hesitate to call me.
Very truly,
Richard Ward,
Zoning Administrative Officer
RW/mcp
1 Encl
City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
FAX (802) 658-4748
PLANNING
(802)658.7955
November 23, 1998
Mr. Michael Turner
110 Central Avenue
South Burlington, Vermont 05403
Re: Zoning Violation, 110 Central Avenue
Dear Mr. Turner:
ZONING
(802)658-7958
Please be advised that you are in violation of Section H.10 Permitted uses of the City of South
Burlington Zoning Regulations. Your violation consists of commencing development without
obtaining the required permits. Your specific violation consists of operating a business within a
residential district at the above address.
Pursuant to 24 VS. A. Section 4443 you have seven (7) days in which to cure this violation. In order
to cure the violation, you must cease operation and secure the necessary approvals and permits. If
the violation is not cured in the manner specified within seven (7) days, you will be subject to legal
action and fines of up to fifty (50) dollars per day for each day the violation continues. You are not
entitled to an additional warning notice for a violation occurring after the seven (7) day period has
run.
If you do not agree with this Notice of Violation, you may appeal it to the Zoning Board of
Adjustment in writing within fifteen (15) days of this date. If you have any questions regarding this
matter, please don't hesitate to call me.
Very truly,
44"Z,e;,f-r�-
Richard Ward,
Zoning Administrative Officer
RW ,mcp
City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
FAX (802) 658-4748
PLANNING
(802)658.7955
November 19, 1998
Mr. Michael Turner
110 Central A venue
South Burlington, Vermont 05403
Re: Zoning Violation, 110 Central Avenue
Dear Mr. Turner:
ZONING
(802)658-7958
Please be advised that you are in violation of Section IL 10 Permitted uses of the City of South
Burlington Zoning Regulations. Your violation consists of commencing development without
obtaining the required permits. Your specific violation consists of operating a business within a
residential district at the above address.
Pursuant to 24 V.S.A. Section 4441 you have seven (7) days in which to cure this violation. In order
to cure the violation, you must cease operation and secure the necessary approvals and permits. If
the violation is not cured in the manner specified within seven (7) days, you will be subject to legal
action and fines of up to fifty (50) dollars per day for each day the violation continues. You are not
entitled to an additional warning notice for a violation occurring after the seven (7) day period has
run.
If you do not agree with this Notice of Violation, you may appeal it to the Zoning Board of
Adjustment in writing within fifteen (15) days of this date. If you have any questions regarding this
matter, please don't hesitate to call me.
Very tru
Richard Ward,
Zoning Administrative Officer
RWimcp
David A. Kenyon
105 Central Avenue
South Burlington, VT 05403
November 12, 1998
Mr. Charles Hafter
Manager
City of South Burlington
575 Dorset Street
South Burlington, VT 05403
Dear Chuck:
I thought you might help with a question several neighbors and I have about our
neighborhood, Queen City Park.
Several years ago Mr. Michael Turner purchased property here and removed a seasonal
camp and detached single car garage. He replaced them with a year-round home and large
"garage" that can and has accommodated overnight guests. Nearly every day FedEx, UPS and
others make visits to his place. Additionally 2-3 vehicles are parked there from about 9 am to
4:30 pm throughout the week.
Dick Ward has assured me that Mr. Turner cannot have a business at his home. However,
to those who live here the opposite is obvious and disturbing.
It was my impression that we here lived in a restricted residential area. If Mr. Turner is in
fact in compliance then I too have a change in mind for my property.
Thank you in advance for your interest.
Sincerely,
14 ",-
David A.
No Text
Mr Richard Ward November 30, 1998
Zoning Administrative Officer
City of South Burlington
575 Dorset St.
S. Burlington, VT 05403
Re: Zoning Violation, 110 Central Ave
Dear Dick,
Thank you for taking the time prior to the holiday to explain this situation. Below I've outlined
the history of my home office career in Vermont which started in K12 Stonehedge Drive in January 1994.
I would like to first acknowledge that it does appear that I never requested a new permit for a
home business after moving from K12 Stonehedge Dr, S Burlington to N13 Stonehedge Dr in July 1994. I
either assumed the permit was transferable because the business was essentially unchanged or forgot to
request the transfer. Our landlord sold K12 without warning ,we had to move immediately and my wife,
pregnant and with shingles, gave birth to our son (healthy and 4'/z ) a month early. We found N13 at
literally the last hour. There was a lot going on. The move to 110 Central Ave in Sept 1995 was
uneventful. I vaguely remember asking you about the new address and home office situation ( this could be
wishful thinking on my part) and no change in business activity occurring so no problem with a home
office. My wife , Mary Jo Reale recalls calling you to discuss this location change but has no record of it.
She thinks she remembers being told the original status applied or something to that effect. When the
garage building was completed in October 1996 I moved the office out of the house and above the garage
where there was roughly the same square footage used for the office activity as in the house. The person
who acted as an administrative assistant in my home continued in the same position above the garage.
I should have reviewed the home office situation again at that time but did not. The garage and living
space above it were a permitted construction and I had no change in business activity so I moved the office
without concern. I guess the outbuilding clause comes into effect here. The Prudential Committee in
Queen City Park explained that two families could not inhabit one primary dwelling and since that was not
occurring I saw no conflict. Throughout our purchase of 110 and construction of the house and a year later
the garage I was in frequent contact with them and they with me . If there was ever a concern on their part ,
it was discussed and resolved , communication was open.
To summarize our office operation : I am an independent sales rep of Outdoor footwear to retailers at the
wholesale level. I have an office assistant who helps with the phones and computer work. Customers or
venders do not come to 110 Central Ave. Activities at 110 Central Ave are of the information processing
type and do not involve physical sales of inventories.
I would like to address the specific points made by David Kenyon in his complaint to the City
Manager. The type of and activity level of the sales rep business I own has not changed materially in the
last five years. In fact I now represent fewer lines than I did when we moved to 110 Central Ave in '95. 1
use approximately 350 square feet of the 675 square feet on the second floor of the garage. Much of this is
open floor space. A small kitchen area, bathroom and one bedroom with closet make up the remainder.
This area is used as a guest bedroom and bath. There is no stove but there is a microwave for heating
coffee etc. I assume it is permitted to have family and friends stay the night as guests and park their cars in
my driveway or on the street . This happens usually during holidays or in the summer when use of the lake
is up. I do not have customers at my office or my house . I travel to visit them at their place of business. My
office is not a showroom but a place to do phone and computer work and receive faxes. I store my sales
samples in my garage. David Kenyons citing of 2 — 3 cars parked from 9 am to 4:30 pm every day is
incorrect. We have a babysitter from time to time for our two children and they park in the driveway or on
the street beside the garage. The daily parking consists of our office helper from 8:30 am to 5:00 pm and
the babysitter 4 days a week either in the am or in the pm but not all day.
The frequency of delivery by UPS is documented and from 5/1/98 to 11/20/98 my family had 56
deliveries made to 110 Central including business,personal and mailorder shopping. This included 9 in
May, 8 in June, 11 in July, 6 in August, 8 in September, 7 in October and 7 in November. Some weeks
there were no deliveries and some weeks there were a maximum of three. I do not ship out from this
location. UPS has told me there are locations in the park that have a daily order for pickup and delivery.
Federal Express makes one stop a week on Thursday or Friday. They could not provide the documentation
as nicely as UPS but 1 could collect it if required. Beside the specific deliveries to 110 Central Ave, we are
at the end of the road and every vehicle that makes a delivery or sightseer that drives south of the
playground park usually drives to the end of Central Ave to turn around. Every neighbor receives deliveries
from these services and this will most likely increase during the holidays. I would hope David Kenyon is
aware of the traffic patterns within the confines of Queen City Park and realizes that not all delivery trucks
at the end of the road are stopping at 110 Central Ave.
I am unaware of any other of my neighbors being concerned about my home office activity at 110 . No one
has expressed concern, verbally or otherwise though I would be responsive if they did. I take extra
measures to have people park in unobtrusive places , drive slowly when they enter or leave the park and be
thoughtful of park residents and animals. I think our neighbors would agree with this statement.
I want to be in compliance with the zoning rules for South Burlington home office activity and
welcome your input on this very important matter. Building our garage and the space above it for this
partial use was no small undertaking. My family and I will work with you and the neighbors to resolve
this complaint. Please let me know what I need to do next regarding this and thank you again for your time
and thoughtful analysis of this situation.
Sincerely Yours
Michael Turner
Mary Jo Reale
110 Central Ave
S. Burlington ,VT 05403
SOUTH BURLINGTON ZONING NOTICE
In accordance with the South Burlington Zoning Regulations and Chapter 117, Title 24, V.S.A.
the South Burlington Zoning Board of Adjustment will hold a public hearing at the South
Burlington Municipal Offices, Conference Room, 575 Dorset Street, South Burlington, Vermont
on Monday, December 28, 1998 at 7:00 P.M. to consider the following:
# 1 Appeal of Michael Turner & Mary Jo Reale seeking a variance from Section 26.40 Home
occupation of the South Burlington Zoning Regulations. Request is for permission to convert a
portion of a garage into office area for a home occupation, located at 110 Central Avenue.
#2 Appeal of William & Nancy Jacobus seeking a variance from Section 25.00 Dimensional
requirements of the South Burlington Zoning Regulations. Request is for permission to adjust a
boundary line which creates an easterly side yard of nine feet seven inches (9.7) also, establishes
the same westerly side yard which is the result of the original replacement of the structure, located
at 11 Baycrest Drive.
Richard Ward,
Zoning Administrative Officer
December 12, 1998
` ' City of South Burlington Official Use
Application to Board of Adjustment
APPLICATION #
HEARING DATE
FILING DATE �z/Z'!
�F/EE AMOUNT
Name of applicant(s)�'�i
Address _ ����Itl 14W Telephone
Represented by
Landowner 0&4. JJ� ?UJ . � Lf.�Address 110 J' E&eIR C `
Location and description of property "ZIT%( �✓,� GAR G;� � 1��"� t7 1
W L-r __--L_t vitiJ�- 1Qua-R1r7eS' A6i9erC—_
Adjacent property owner(s) & Address 144� `M — p A/' I—
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 arc held twice a month, (second and fourth Mondays). That a legal advertisement must appear a minimum of
fiReen (15) days prior to the hearing. I agree to pay a hearing fee which is to off -set the cost of hearing.
Provision of zoning ordinance in question
Reason for appeal
Other documentation
,Dat
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 uth Burlin on Municipal Offices, Conference Room,
575 Dorset Street. South Burlington, Vermont on Monday, G_s., ,� 1�6 1'9t 7:00 P.M. to consider the
following
10
Appeal of ��+ f y�.. t .•� /�%� 11 --
/ seeking a from Section Ow", 414)
of the South Burlington Zoning Regulations. Request is for permission to
A
P'c
k
Michael Turner & Mary Jo Rea%
110 Central Avenue
S. Burlington, VT 05403
P: 802-863-9853
February 3, 1999
We support the home occupation use of Michael Turner and Mary Jo Reales' garage with
finished second story, at 110 Central Avenue S. Burlington, vT 05403.
NAME ADDRESS DATE
28.
2C, Pp"wewrw- G(,!r 'W-zTePf
City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
FAX 658-4748
PLANNER
658-7955
May 9, 1993
Mr. Michael Turner
K-12 Stonehedge Drive
South Burlington, Vermont 05403
Re: Zoning Appeal
Dear Ms. Turner:
ZONING ADMINISTRATOR
658-7958
Be advised that the South Burlington Zoning Board of Adjustment
will hold a public hearing at the City Offices, Conference Room,
575 Dorset Street on Monday, May 23, 1994 at 7:00 P.M. to
consider your request for a zoning variance.
Please plan to attend and be prepared to address the criteria as
setforth under Section 4468.
Very truly,
Richard Ward,
Zoning Administrative Officer
1 Encl
RW/mcp
To: The South Burlington Zoning Board June 12, 1994
From: Bruce Alvarez
52 Central Ave
South Burlington
Subject: The variance request for the property at 110 Central Ave
It would appear that the 100 foot conservation zone setback from the center of Potash Brook
is the primary issue in the request for a variance. I would appreciate a discussion by the board at
the June 13th meeting with regard to the board's position as to the purpose of the conservation
zone and the importance of that purpose. My feeling from previous meetings is that the board
feels that the zone is of minimal importance. If this is the case, and the board is willing to grant
substantial encroachment, based on other existing structures, then perhaps the zoning should be
changed to decrease the setback to that of the existing structure which is most in violation. I would
propose that the zoning change include enforced measures to sustain the purpose of the zone, or
whatever part of the current purpose which can still exist with this change. A specific example
would be to require and enforce erosion control measures during and after demolition/construction.
This would negate the need for the current application as well as potential future applications.
In addition, I would like to understand how the board determines need for a variance. The plan
which I believe will be presented to the board shows a 2000 sq foot house which requires
no variance to construct. In addition there is a structure approximately 900 sq feet in size ( as a 2
dimentional footprint ). 100 percent of this structure would be on land that requires the variance
requested. The structure would be a 2 car garage/storage building with a similar sized home office
above.
I would also like to make the following observations:
o The point has been made that from an environmental perspective, the encroachment requested
would be of minimal impact on the health of the brook, especially if erosion control measures
were implemented. I would tend to agree. In fact, the city itself should be making an effort to
remedy the ills of the brook by focusing on the pollution from roads and nearby businesses.
These are a far greater hazard to the brook and Lake Champlain than a few houses, not to
mention the 4 beavers the town had removed a few years ago.
o The encroachment into the conservation zone of the existing house is approximately 35 feet.
However, since the application is to remove the existing structure and foundation, I would
think that any new structures would be required to minimize the encroachment either by careful
design or elimination of a desired structure where a need can not realistically be demonstrated.
o The house at 108 encroaches approximately 35 feet. I believe this is irrelevent. The structure
existed prior to current zoning. The fact that another structure encroaches does not necessarily
mean that other lots have similar requirements. For instance, the frontage on Central Avenue
of the property at 108 is substantially less than that at 110.
o The property was recently purchased with the express purpose of demolishing the existing
structure and building structures which meet the applicants' desires. The existing restrictions
imposed both by nature and zoning have not changed. Therefore, I must question if it is
reasonable to purchase property which is known to be unsuitable for the buyers' desires and
then request the town to grant a variance to rectify the hardship.
o There are approximately 38 residential units on Central Avenue. Those residences include 11
single car and two 2 car garages. Thus, approximately two thirds of the units have no garage.
April 26, 1994
To whom it may concern:
We, as adjacent property owners, conditionally approve of the
construction of a new dwelling on the property of Mike Turner at
110 Central Avenue, South Burlington. We have only a general
verbal description of the proposed house and have not seen a site
plan.
We are concerned that the construction should have some
consistency with the existing neighborhood and should impact on
our end of the road privacy as little as possible. At the same
time, the cottage that this structure will replace is in
deteriorating condition and new construction may well be the most
logical method of utilizing this lot.
This conditional approval is intended to indicate that we harbor
no fundamental objection to the project but need to see something
on paper - a site plan at least - before giving our full
.approval.
Sincerely,
Wesley & Patty Eldred
114 Central Avenue
South Burlington, VT 05403
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City of South Burlington
Application to Board of Adjustment
Date Li
Applicant MIC.HAEt U94W
Owner, leasee, agent
Address Ito CPA,TUL 4-V&
APPLICATION #
HEARING DATE
FILING DATE
FEE AMOUNT G'
Telephone # e111 �31 ?4513
Landowner � P_Aj e Address
Location and description of property C509 j "R,up iW1J C-1VA
Type of application check one ( ) appeal from d cision 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
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
The owner or applicant should submit along with -this application (8 copie"")
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 7 Sign e of Appellant
Do not write bel64 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 Adjus_tmen_t will- hold__ _.
a public hearing at the South Burlington Municipal Offices Conference Room,
575 Dorset Street, South Burlington, Vermont on _t
Day df Week
at , ' '"` _ to consider the following%
Month and Date Time
Appeal of
seeking a A41Z_#4_ c from Section
of the South Burlington Zoning Regulations. Request is for permission
to ;;4�r.�
Sic- 0
TURNER, Michael
110 Central Avenue
Queen City Park District.
Section 18.00 Dimensional requirements, minimum front yard 10
feet, side yard 5 feet and rear yard 10 feet.
Existing setback 7 feet, all others conform. Cottage 24'x 24',
detached garage 12'x 201.
Section 18.105 Conservation - Open Space District (Muddy Brook),
minimum setback 100 feet, existing and proposed 65 feet.
Proposed demolish cottage and garage, replace with new dwelling
(2500 square feet), attached garage and porch (1200 square feet)
within 65 feet of centerline of Muddy Brook.
Section 19.00 Non complying structures, subs section 19.002
alterations.
F.M.V. $165,000 (recently purchased). New construction,
estimated cost $150,000. 35% rule applies $165,000 x 35% _
$57,750.
Lot size approximately 25,750 square feet.
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