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HomeMy WebLinkAboutBATCH - Supplemental - 0009 Clover StreetPLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 August 25, 1988 Ms. Christine Sheil 9 Clover Street South Burlington, Vermont 05403 Re: Home occupation permit Dear Ms. Sheil: ZONING ADMINISTRATOR 658-7958 1+ 0 tW W n1 /iLtG LZ. Your request for a home occupation permit allowing you to open a beauty salon must be denied. It is my opinion that your request does not comply with Section 19.40 of the City's Zoning Regulations. The use as proposed is not considered as an occupancy which is customary in a residential area and which does not change the character thereof. It is my understanding that you wish to appeal this decision. Be advised that I have scheduled your request before the Zoning Board of Adjustment for Monday, September 12, 1988 at 7:00 P.M. If you have any questions pertaining to this matter please don't hesitate to call me. Very truly, Richard Ward, Zoning Administrative Officer RW/mcp SHEiL, Christine 9 Clover Street Area zoned R-4 District Permitted uses - Section 9.10 prohibits commercial uses Existing use sin-gle-family dwelling Proposed convert portion of Jarage (13' x 1-5') into beauty salon Lot 75' rt 105' = 7,875 square feet 7D !tit NV �- I,JEE� Lt}J77-1 1 �1A�c c�-JF�l�rp (,JJTr/ y CIF/rYr��d2s 1- AJD Hey H1401E rvO (n4SLTZ--C7)7 6,-J� 7D 77-/ js 7HI-91v/< y d u c5 CU 12U2C/�lG iZ�c� d'��-&7aD MCNEIL, MURRAY & SORRELL, INC. ATTORNEYS AT LAW 271 SOUTH UNION STREET BURLINGTON, VERMONT 05401 TELEPHONE: 1802) 863-4531 JOSEPII C M, NE II.11919-19781 JOSE IIII E: McNEII. FRANCIS \ MURRAY WILLIAM H SORRELL JOHN T LEDDY NANCY GOSSSHEAHAN STEVEN F STITZEL PATTIR PAGE• (* ♦1 NO AOM I M PIN N I) September 12, 1988 Richard Ward Zoning Administrator City of South Burlington Offices South Burlington, VT 05403 Re: Beauty Parlors as Home Occupations Dear Dick: OF COUNSEL ARTHUR W CERNOSI.A You have asked whether a beauty parlor located in a residence in South Burlington can qualify as a home occupation within the meaning of South Burlington Zoning Regulations. For the reasons set forth below, it is my opinion that this type of use cannot normally qualify as a home occupation. Home occupations are addressed in Section 19.40 of the South Burlington Zoning Regulations. This section authorizes a resident "to use a minor portion of a dwelling for an occupation which is customary in residential areas and which does not change the character thereof". This provision is similar to provisions used to regulate home occupations in zoning regulations nation wide. In applying such provisions courts have almost uniformly held that a beauty parlor is not a use which is "customary and residential areas", see Anderson, American Law of Zoning,.Section 13.15 (3d Edition, 1986); Williams, American Land Planning Law, Section 74.34 (1975) and ,Rathkopf, The Law of Zoning and Planning, Section 23.05[5A] (1988). Very truly yours, Steven F. Stutz 1 SFS/kb M E M O R A N D U M To: South Burlington Zoning Board of Adjustment From: William J. Szymanski, City Manager c:y S Re: Appeals No. 3 & 4 (Sheil & Kelly Estabrook-Brown) Date: September 12, 1988 The City Council at their August 29, 1988 meeting expressed their concern regarding businesses in a residential neighborhood. They thought that a use variance should be sought instead of permission as a home occupation. 0 1 I N Sr2 6-y eED VI O K+1 IqM �tv.�Jr- L >-li Rm / � L q CL-4Jfk ST Im 13EO jjEO q0i M e eXtb-rime as 'X ly ' - CHAuGE -Fo I j x it,, CLOJEn ;S i I// f01 SOUTH SUIIUNGTON ZONING NOTICE In accordance with the RSo�upt�h t onBurling Zoning Chapter 117, Tide 24 V.S.A. Ea�Nlta of4� s� Rooidm, 7% Dorset Street, South Burlington, Vermom on Monday, August 22, 1988, at 7r00 P.M. ro conskfer tin followings N 1 Appeal of Frank Paris seeking a variance from Section IS.00 Dimensional Re- queSouth st wntlon ro construct a 1 x 22' addi- tion (bedroom and enclosed porch) to within six 161 feet of the northerly side yard, at 19 Duchess Avenue. 02 Appeal of Comrmmdty Lutheran Church, Dom Webster agem seeking aappffss-- proval �orn section 9.20 Conditional uses sub section 9.201 and sub section 9.202 day care of the Soisurikigion Regulations. uth quest is for Oermission to ionshiuct ofterations and ad- clitions (approxknately 2400 square (eet) to the existin Canwrxunity lutin.rae cluwd+, to op- era�re a�day core rimer with a moxinnum of 2S chNdren, located at 1560 Williston Road. 93 Appeal of Janes LafNam seeking a variance from Z=nts of the South Regulations Re- quest is for permission to construct a 2 x 36' addF lion and 22' x 25' attached ggaarreaggee to within nine 191 ecated Of 495 Spear row street. *brook own seekingAp Imol of a Est* once from Section 9.1 G Permitted uses of the South I - quest is for permission k a beauty sales operateximately 9' u 10'')inc%noxxtion with c singmrT -fay dwelling, at S si M5 Appeal of Thomas and Nancy Tavares seeking a variance from Section 19.00 of Dimenths, South sional Requlo- tions. Request is for permis- sion to construct a detached 22' x 24' garog� to within six 161 feet of tlw southerly side yard, at 16 shunpike Rand. 066 A�rpppealloofv*lGary Rippe tian 19.65'Multipie uses�icof the South Bwikwon Repula- Nona. Request Is for permis- sion to construct a 9000 square foot structure, Occu- Condnued Neat COMM LEGAL NOTICES 1 py p with a maxinumn of tRMr warohouae/contractor yt�i�1� uses on a lot aon- tokring 41,000 square feet locatiid at lot 17, Ethan Al- len Drive. 07 Appeal of R.P.M. Devel- opment, Paul Marquis, agent seeking a variance from section 11.503 Planned Commercial Devel- opment area, dimensional Z=nts of the South athons. Re- quest is for permission to construct a commercial on a lot containing 55 acres with 337 feet, also approval under Section 12.502 Conditional use (proposed building 27,700 square feet) maximum of nine uses, such ta�sk w nge.*- c� 90 Allen Road. 08 Appeal of GerryMown and lie Zacharyieekk+g 19p65 val from se t Sip South gula. lions. Request is for permis- slon to occupy an existing 32,000 square foot building KW wdho� �wesale and retail and aenerd of- fice area, press Vermom Heating and Vent lo- af 1891 ton Road. 09 Appeal of Christine Sheil seeking a variance from Section 19.10 Permitted uses of the South 8nxlingron Regulations. Request is for ro operate a salon (area opproxi- ntoley 13' x 151 in cor#jnc- lion with a skglrfamrly dwelling, at 9 lover street. Richard Ward Zoning Administrative Officer August 6, 1968 October 5, 1988 TO: Christine Sheil copies: Glover Street S. Burlington, Vermont 05403 Kelly Estabrook-Brown S. Burlington, Vermont SUBJECT: Denial for part time beauty parlor James Condos Zoning Board Richard Ward Zoning Adm I can't tell you how disappointed I am at those people in control. While we were napping a very few people obsessed with controlling others provided information and implemented regulations that allow zoning boards to make decisions which defy reasoning. What has happen to you is occurring in towns throughout the state. In some towns, Zoning boards are attempting to control number of employees and have issued cease and desist orders on newly developed successful small business. (See enclosures) The emotional toll on these families has been devastating and we must take action to correct it. The route of the problem are Act 250, 200 and the Zoning Regulations adopted by the towns. Act 250 and now 200 are fostering an aggressive attitude towards anyone in business. Business persons are perceived to be a threat by the public. As a result town governments have adopted this aggressive attitude towards anyone trying to establish a new business. Zoning boards have allowed a single complaint against -an individual applicant as justification for rejection. NEVER IN OUR SOCIETY HAS THE OPINION OF ONE INDIVIDUAL HAD SO MUCH EFFECT. Zoning boards constantly overstep their authority realizing fully that the only recourse is Superior Court and costly legal action. Home occupations exist all throughout S. Burlington. IF YOU WILL TAKE THE TIME TO THINK ABOUT IT --- all business that exist today started as a home occupation. As the business outgrew their homes they expanded into new and better facilities. On a full time basis it is very hard to merge home and business life under one roof. Eventually all owners separate their home and business. New small business should be sheltered from these overbearing regulations. Page 2 of 2 WORK TO CHANGE THE ZONING REGULATIONS, WORK TO GET ON THE ZONING BOARDS, INDICATE YOUR DISPLEASURE WITH ZONING BOARD MEMBERS AND THE YOUR ZONING ADMINISTRATOR WHO ENFORCE QUESTIONABLE PORTIONS OF LOCAL LAWS. (The State has been choosing the statues that it wants to enforce and has let many other statues go dormant simply because they are not workable in this day and age, create a constitutions issue or can result in legal action.) MY Very Best Wishes Thomas J.'Morse Underhill, Vermont 05489 SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Rsavlations and Chapter 1 1 j Titb 24 V.S.A. the South Burlinnggttoonn Zoni,nngg Board of Adjustment wiR hold a ppuubbiIkc heorinp at the South Burlington Municipal offices, Conference Room, 575 Dorset Street, South Burlington, Vermnt on Monday. September 12, 1988 at ;..Do p.M. to con- sider the following, M 1. Appeal of Synon Group. Terry Boyle agent seeking approval, from Section 3.20 Conditional uses, sub sec- tion 3.201 outdoor recre- ational facility of the South Burlington Regulations. Re - guest is for permpy i�sssion to construct an oporl a day carein hicility, located whW as Conservation -Open or (Mkw stream 1open spo Pat of off 1c and off (i arry 02. Appeal of Rene anc Linda Laserge seeking a va- riance, from Section 11.1( permitted use and Seclia 19.65 Multiple use of tht South Wrlington Regulo tions. Request is for penals Sion to construct a 3 x 45 addition to an existing strut sure occupying aid adcrM* unit Wato as a assiiddee at 1234 Williston Rood. #3 Application of Chrisfin Shell regwsting an opp« from a decision of the Ac ministrative Officer. Re", is for permission to operas a beauty salon as a hom occupation, located at Clover Street. 04. Application of Kelly E tttbrook-Brown an appeal from a of the Adrninistrotive CtH cer. Request is for perrA Sion to operat e a bear salon as a home occupafio located at 9 Deane Street Richard Wo Zoning Admini O August 27, 1988 PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 August 8, 1988 Mrs. Christine Sheil 9 Clover Street South Burlington, Vermont 05403 Re: Zoning appeal Dear Mr. Sheil: ZONING ADMINISTRATOR 658-7958 Be advised that the South Burlington Zoning Board of Adjustment will hold a public hearing at the City Offices, Conference Room, 575 Dorset Street on Monday, August 22, 1988 at 7:00 P.M. to consider your zoning application. Please plan to attend this hearing. Very truly, Richard Ward, Zoning Administrative Officer RW/mcp 1 Encl .✓ City of South Burlington Application to Board of Adjustment Date U - / - PV Applicant C%)r•S-TWE SH e_ Address (J CLoy,Ee_ Si Owner, leasee, agent Telephone # Official Usep APPLICATION :0 ' - HEARING DATE < _�"''` .r.✓y�. FILING DATE FEE AMOU O•_ F�FT� + Qt4aq O- QE7 5rlg i c.. , l Landowner TRuBy Address Q( C L&y �ze 5, Tel # Ci6,�7-67,3LD Location and description of property C? C LV,J'E2 ST Type of application (check one ( ) appeal from decision of Administrative Office ( ) request for a conditional use ( ✓) request for a variance. I understand the presentation procedures required by State Law (Section 4468 of the Planning & Development Act). Also that hearings are held twice a month (second and fourth Mondays). That a legal advertisment must appear a minimum of fifteen (15) days prior to the hearing. I agree to pay a hearing fee which is to off -set the cost of the hearing. Provisions of zoning ordinance in question Reason for appeal The owner or applicant should submit along with this application (8 copies) plans, elevations, landscaping diagrams (drawn to scale) traffic data and any other additional information which will serve as support evidence to the Board. Al"L_."- _,,,2.//_ "� Hearing Date Signature of Appellant Do not write below this line ----------------------------- SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 117, Title 24, V.S.A. the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington Municipal Offices, Conference Room, 575 Dorset Street, South Burlington, Vermont on (Day of week) at to consider the following: (month and Appeal of seeking a e from Section /%• /o of the South_. Burlington Regulations. Request is for permission to3��2_- ....-�'�'"j`' � � -- G��� �-- �� "'ems---t � --� > • • - � , -� „c,..�''