HomeMy WebLinkAboutCU-87-0000 - Supplemental - 0059 Swift StreetPLANNER
658-7955
City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05401
July 13, 1987
Easy Self Storage
46 Swift Street
South Burlington, Vermont 05403
Re: Zoning appeal
Dear Mr. Anderson:
ZONING ADMINISTRATOR
658-7958
Be advised that the South Burlington Zoning Board of Adjustment
will hold a public hearing at the Municipal Offices Conference
Room, 575 Dorset Street on Monday, July 27, 1987 at 7:00 P.M. to
consider your request for a zoning variance.
Please plan to attend this meeting.
Very truly,
4-�&
Richard Ward,
Zoning Administrative Officer
RW/mcp
ST. AMAND, Albert
ANDERSON, Charles
59 Swift Street
Area zoned C-1 District
Section 11.10 Permitted uses - proposed use storage facility
is prohibited
Storage facility is conditional use in C-2 District
Section 19.65 Multiple use - two 30' x 167' buildings are proposed --�
Same two buildings were granted a variance 9/22/86
Parcel contains 1.07 acres with 50 foot frontage
SOUTH BURLINGTON
ZONING NOTICE
In accordance with the Soul
Budinggton Zoning Regulatior
and Chapter 117, Title 24 V.SJ
the South Burlington Zonin
Board of Adjustment will hold
Public hearing at the South Bui
ngtan Mun cipal Offices, Car
Terence Room, 575 Dorse
Street, South Burlington, Vermor
on Monday, July 27, 1987, c
7:00 P.M. to consider the follow
ing:
R1 Appeal of Charles And—soand Albert St. Amand seek"t
variance, from Section 11.1gg 0
Permitted uses and Sectiot
19.65 Multiple uses of the Soutl
Burlington Regulations. Request is
for, permission to construct twc
30' x 167' buildings, occupyinC
said buildings as a mini -storage
facility, d.b.a. Easy Self Storage,
on a parcel containing one acre,
located at 59 Swift Street.
N2 Appeal of Richard & Linda
Chasse seeking a variance, from
J Section 18.00, Dimensional re.
quirments of the South Burlington
Regulations. Request is for per-
' mission to construct on B' x 10'
porch to within sixteen (16) feet
of the required front yard, at 19
Henry Court.
N3 Appeal of Edmund Chastenay
$ George Trono seeking a vari-
ance, from Section I I A 0, Per-
: miffed uses and Section 19.65
Multiple uses of the South Bur-
lington Regulations. Request is
for permission to convert on
existing structure into a bakery
and restaurant of approximately
2900 square feet (seating capac-
ity df 50 seats). Present structure
and parking area having total
100 percent lot coverage, on a
lot containing 14,000 square
feet located at 35 White Street.
N4 Appeal of Davis Company,
Larry Williams, agent seeking a
variance, from Section 18.00,
Dimensional requirements of the
South Burlington Regulations. Re-
quest is for permission to con-
struct a 54' x 96' building with
approximately 120 square feet
in area, located to within ninety
(90) feet of the centerline of
Potash Brook, located of 20 Far-
rell Street.
Richard Word
Zoning Administrative Officer
July 11, 1987
NOTICE OF APPEAL
of the South
t••...d.."�i''I.t..C.yli� � CJ
SOUTH BURLINGTON ZONING BOARD OF ADJUSTMENT
Nammee-,� a� $s-s --te, ephone 11 of applicant Se Lr ?QR1
Name, address roperty ner 1 A `f� r -" � Ri _ By r I.
Property location and descriptionq
I hereby appeal to the Zoning Board of Adjustment for the following: conditional use,
variance or decision of the administrative officer. I understand the meetings are
held twice a month (second'and fourth Mondays). The legal advertisement must appear
a minimum of fifteen (15) days before the hearing. I agree to pay the hearing fee
of $30.00 which is to off -set the cost of the hearing.
Hearing Date Signature of Appella t J
Do not write below this line
---------------------------=-----------------------------------------------------------
SOUTH BURLINGTON ZONING NOTICE
In accordance with the South Burlington Zoning Regulations and Chapter 117, Title
24 V.S.A. the South Burlington Zoning Board of Adjustment will hold a public hearing
at the South Burlington Municipal Offices,_Conference Room, 575 Dorset Street, South
Burlington, Vermont onlr," I I I I I+ �) at 0 U - /14 .
(day of week) (month and date) time
to consider the following:
Appeal of /�-'�' 4 n••- a ...- %�% / "f// L��a-r 4-t,
seeking a from Section ,
/1-is'
Burlington Regulations. �rRequest is for permission to
emu_ _��2_
�- I
-2-
Mr. Ward said this area is zoned x-4 District. section lu.uu liimensionat
requirements: minimum side and rear yard - 10 feet - proposed 16' x 20'
workshop to within 4 feet of rear yard and within 4 feet of easterly side yard
T` - lot size 75' x 165'. Mr. Ward read letters from neighbors (rear yard and
side yard neighbors) who had no objections to this building.
Mr. Mitchell said he would like to get all of his workshop equipment which
he now has in his cellar into this building. This would be a garage type
pre-fab building. He said his electrical tools are too noisy for the
basement. This would be the most convenient place for this building and he
said he plans to use it for storage and a workshop. When asked what he uses
his workshop for Mr. Mitchell replied that he makes models, chairs, etc. - like
a hobby shop. Mr. Dinklage asked if he sells any of the items he makes and
Mr. Mitchell said he didn't - he makes things for his family. Mr. Thibault
asked what was in back of the house and Mr. Mitchell replied that it's a paved
basketball court. Mr. King asked if this could be moved and he said he would
rather not tear up his back yard. Mr. Dinklage asked why he wished to retain
the court and Mr. Mitchell said his grandchildren use it all the time.
After more discussion about where this building could be re -located to be
within compliance, Mr. Thibault moved that we table Mr. Mitchell's appeal until
our next meeting so that the board can take a further look at the property
before the next meeting which will be October 20th. The motion was seconded by
Mr. King and all voted aye.
No. 3 Tabled Appeal of Donald and Arnold Marek
Mr. Dinklage reviewed the appeal and the discussions of the zoning board
meeting on September 8th with Mr. King and Mr. Graf who were absent from this
meeting.
Mr. Amidon, Atty. for Mr. Marek, advised the board that<Mr. Don Marek was
on vacation and he was representing him. He asked if the board would consider
this as a Conditional use. Mr. Amidon said we are talking about two buildings
which are 9' high 30' x 180 to be used for mini -storage not commercial
warehouses. This would be more in line with frozen food lockers which is
listed as a permitted use in the C-1 District. They do not have the traffic,
they do not have the people - an average of 5 vehicles per'day so that from
that point of view there would be less use than a motel. Mini -storage is
retail storage on a small scale not storage by industrial users with large
buildings with big trucks picking up. They will have 72 units with an average
of two visits a month. This whole industry is new. Mr. Amidon reviewed what
Mr. Marek had told the board at the September 8th meeting - that their office
will be in their existing facility, that the proposed buildings would not alter
the character of the neighborhood and would not create any hardships to the
existing businesses surrounding the area, and that there were no objections
from the neighbors - that they lived up to their agreements.
Mr. Dinklage said that with respect to the type of use I have a hard time
differentiating what is being proposed from a frozen food locker. Mr. King
said that the mini -storage facility on Williston Road creates very little
istraffic. Mr. Boehm said do we agree that the use is not permitted and
Mr. Dinklage said I can interpret it as a permitted use and there was more
-3-
discussion regarding permitted use in the C-1 District and C-2 District.
. Mr. Thibault made a motion that we consider this under 19.057 as a
multiple use. It was seconded by Mr. King
Mr. Boehm said he thought this should be discussed further and Mr.
Dinklage advised that this had to do with the use only and that he would like
to bring this to a vote. Mr. Dinklage asked what new arguments they would like
to bring forth and Mr. Boehm asked why they couldn't discuss it. Mr. Jarrett
said something is included in one place and not in another place - there is an
omission of mini -storage facility in C-1 District although it is included in
C-2 District. Mr. Boehm asked why they couldn't go to the Planning Commission
to make a text change and Mr. Dinklage said we're talking of a minimum of two
months, if you're lucky, to get a text change as the Planning Commission is
very busy. Mr. Amidon said it's a legal interpretation and he urged the board
to use its discretion of the examples to say that retail does include a small
mini -storage operation. The motion passed 4 - 2.
Mr. Dinklage said to clarify the points that Mr. Boehm has raised let's
determine whether we should continue to hear this appeal as presented. Mr.
Thibault made the motion that we consider this as a conditional use under
19.057. Mr. King seconded the motion and it passed 4 - 2.
Mr. Thibault left the meeting at 8:25 PM.
Mr. Dinklage said we now have two remaining requests before us one is a
variance from Section 19.104 landscaping requirements. Mr. Amidon described
the landscaping and there was some discussion about making the buildings
smaller. Mr. Dinklage said we are going to send you to the Planning Commission
per 19.653 which states the Planning Commission must approve two or more
buildings in a commercial or industrial complex for one user. Mr. Amidon said
that Mr. Marek already had an appointment to meet with the Planning Commission.
Mr. Ward said if you're going to send it back to the Planning Commission I
think it would be just as well to withdraw this request. Mr. Amidon consulted
Arnold Marek and said we will withdraw the request for the variance on the rear
setback. Mr. Dinklage said the request has been withdrawn by the appealant.
Mr. Graf made the motion that the appealant go to the Planning Commission
for the approval of two buildings per 19.653. This was seconded by Mr. Jarrett
and all voted aye.
The minutes of September 8, 1986 were approved on a motion by Mr. King and
a second by Mr. Boehm and a unanimous vote.
Mr. Dinklage said I suggest that we send to the Planning Commission the
following statement: "The Zoning Board requests that we meet with the Planning
Commission to discuss their recommendation to delete Section 19.057, and second
that it would be helpful prior to that discussion if they would enumerate for
us the instances where they think the Zoning Board has abused the rerogatives
allowed by 19.057." All in favor of this request say, ay%. All the
aye.
The meeting adjourned at 8:45PM. i
�\ Clerk