HomeMy WebLinkAboutVR-95-0000 - Decision - 0014 Cottage Grove AvenueSTATE OF VERMONT
COUNTY OF CHITTENDEN VR %, d
CITY OF SOUTH BURLINGTON
DECISION AND FINDING OF FACT
On the Ilth day of December, 1995 the South Burlington Zoning
Board of Adjustment heard testimony regarding a variance
application of Daniel J. Mendl, 14 Cottage Grove Avenue.
Also attending this meeting were Attorney John Jackson, Luis
Garcia, Morris and Theresa McKenney and Sally Torney.
Based upon the testimony provided at the above mentioned public
hearing and the documents submitted to the Zoning Board of
Adjustment which are contained within the "document file" for
this application, the Zoning Board finds, concludes, and decides
as follows:
The area in question is zoned Residential 4 District.
2) Section 25.00 requires a maximum density of four (4) units
per acre.
3) On July 11, 1967, the Board of Selectman granted a variance
to construct a multi -family dwelling unit.
4) On June 8, 1972, a variance was granted by the Board of
Adjustment to increase density without any additions to the
structure.
5) Property sold by Theresa McKenney to Daniel Mendl in 1985 as
a five unit multi -family dwelling.
Conclusion
1) The City's assessment records indicate the property listed
and taxed as a five unit multi -family dwelling since 1985.
2) Testimony by four witnesses provides evidence that property
was converted from three units to five unit multi -family
dwelling in 1976.
3) By granting a variance this action corrects an error in
density dating back some 20 years.
4) Hardship occurred by property ownership in 1974 not by
present owner.
5) Property appraised by Richard Callahan in November 1984 as a
five unit residential complex provides prove that appellant
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did not create the existing conditions of the property in
question.
6) No additions were involved during conversion from three
units to existing units.
7) The residential character of this area in question will not
be affected in any manner.
Based upon the findings and conclusion set -forth above, the
Zoning Board of Adjustment wya ts the applicants request
to convert existing multi-;Zd iMn% c.+-__d at 14 Cottage
Grove Avenue.
Chairman; '
South Burlington Zoning Board of Adjustment
JAN 0 9 1995
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