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Home My WebLink AboutBATCH - Supplemental - 0014 Cottage Grove AvenueSTITZEL & PAGE, P.C. ATTORNEYS AT LAW 171 BATTERY STREET BURLINGTON, VERMONT 05401-5210 STEVEN F STITZEL PATTI R PAGE' JOSEPH S MCLEAN ('ALSO ADNU= D7 N Y ) Joseph Weith, City Planner City of South Burlington 575 Dorset Street South Burlington, VT 05403 (802) 660-2555 (VOICE/CDD) FAX (802) 660-2552 February 16, 1996 OF COUNSEL ARTHUR W. CERNOSIA ROBERTE FLETCHER Re: 14 Cottage Grove Avenue (Daniel J. Mendl, owner); unpermitted 5th unit in multi -family dwelling Dear Joe: I am writing in response to your request for an opinion relative to the above -referenced matter. It is my understanding that on June 21, 1967, the City of South Burlington Zoning Board of Adjustment unanimously approved Edmund J. Benoit's request for a use variance from Section 6.10 of the Zoning Bylaws to construct a three-family dwelling at 14 Cottage Grove Avenue, subject to certain frontage and depth requirements.' On July 11, 1967, the Board of Selectmen, whose affirmance the Bylaws also required due to the nature of the project, granted final approval to the variance request subject to the stipulation that Benoit record a division of the lot in the City records in accordance with minimum lot requirements. Accordingly, the City issued a zoning permit to construct a "tri-plex" on August 1, 1968. On June 7, 1972, Theresa (Benoit) McKenney requested a variance from Section 12.90 (non -conforming use) of the City of South Burlington Zoning Bylaws to convert the three-family dwelling into a four -family dwelling. The Zoning Board of Adjustment again voted unanimously to grant the variance subject to the stipulation that Ms. Benoit pave the driveway and parking area and construct a minimum of six (6) parking spaces before completion of construction. The appellant never applied for site plan approval for the forth unit. Despite this failure, the 1 In 1967, Cottage Grove Avenue was located in the "Residential B" district, which permitted construction of multi- family dwellings but restricted use to one or two families. Joseph Weith, City Planner City of South Burlington February 16, 1996 Page 2 Zoning Administrator issued a permit for this addition on June 12, 1972. Sometime between 1973 and 1976, Ms. McKenney appears to have constructed an additional fifth unit in the building without obtaining any approval under applicable City ordinances. Prior to 1976, the City did not require subdivision approval for projects of this kind. The City Assessor's office has taxed the property as a five -unit dwelling since 1985. On January 4, 1985, Theresa and Morris McKenney conveyed the building at 14 Cottage Grove Avenue to Daniel Mendl, ostensibly as a five unit dwelling. On December 11, 1995, Mr. Mendl applied for and received a variance from Section 25.00 of the Zoning Bylaws, requiring a maximum density of four (4) units per acre.` The Mendl family or their entities have controlled the property since that time. Mr. Mendl now seeks to resell the building and his attorneys have questioned whether the City of South Burlington Zoning Bylaws and Subdivision Regulations require site plan and subdivision approval, respectively, for the improperly constructed fifth unit. You have specifically inquired whether the 14 Cottage Grove property requires Planning Commission approval at this time and, if so, what approval is necessary. It is our opinion that since the fifth unit has never been approved, it must receive those approvals required under regulations presently in effect. This includes site plan and subdivision approval under the current Bylaws. Section 26.10 of the Zoning Bylaws provides that "[t]he Planning Commission shall be required to approve a site plan prior to the issuance of a zoning permit for any new use, change in use, or expansion of use in any district ." Clearly, the addition of the fifth unit constitutes an expansion of use necessitating site plan review. Section 103(d) of the Subdivision Regulations defines "subdivision" as "any development of a parcel of land such as a commercial or industrial complex, multi -family project# planned unit development, or planned residential development." Therefore, the addition of the fifth unit meets the definition of "subdivision" and requires approval under the Regulations. 2 14 Cottage Grove Avenue is currently zoned as a "Residential 4" district, which allows multi -family dwellings as a permitted use. 3 The Subdivision Regulations further define "multi -family housing" as a major subdivision, requiring sketch plan, preliminary plat and final plat approval. Joseph Weith, City Planner City of South Burlington February 16, 1996 Page 3 I recognize that Mr. Mendl, the current owner of the 14 Cottage Grove property, is not directly responsible for illegally constructing the fifth unit. To this effect, Vermont law may provide Mr. Mendl with legal remedies for damages should he choose to pursue them. This is not a matter directly concerning the City, however. I hope that this letter is responsive to your request. Please let me know if you have any questions. Very truly yours, J eph S. McLean /jsm SON2018.COR STITZEL & PAGE, P.C. ATTORNEYS AT LAW 171 BATTERY STREET BURLINGTON, VERMONT 05401-5210 STEVEN F STITZEL PATTI R. PAGE" JOSEPH S MCLEAN (-ALSO ADhIITPED IN N.Y) Raymond Belair City of South Burlington 575 Dorset Street South Burlington, VT 05403 Re: Cottage Grove Avenue Dear Ray: (802) 660-2555 (VOICE/CDD) FAX (802) 660-2552 February 22, 1996 OF COUNSEL ARTHUR W CERNOSIA ROBERT E FLETCHER Thank you for the use of your files. Please give me a call if I can be of further assistance. Sincerely, seph S. McLean JSM/map Enclosures SON2026.COR EUGENE J. WARD, III GUY L. BABB MARIKATE E. KELLEY JEFFREY P. KILGORE, P.C. PARALEGAL: TINAMARIE B. WILES October 23, 1995 HAND DELIVERED WARD, KELLEY & BABB ATTORNEYS -AT -LAW 3069 WILLISTON ROAD SOUTH BURLINGTON, VERMONT 05403-6030 (802)863-0307 TELEFAX 863-4587 CLOSING COORDINATOR: JO RICHER ADMINISTRATIVE STAFF: NANCY A BRETT LYNN M. NIELSEN LORRAINE CHAPUT REGISTERED LAW CLERK: ELISABETH BOLT Richard Ward Zoning Administrator 575 Dorset Street South Burlington, VT 05403 RE: 14 Cottage Grove (Owner - Daniel J. Mendl) Zoning Administration - City of South Burlington, Vermont Dear Dick: Enclosed please find a completed Application with exhibits and fee, and seven (7) copies for submittal to the South Burlington Zoning Board of Adjustment. I understand this matter is to be set for hearing on the November 13, 1995, meeting calendar. I shall attend the meeting representing the applicant. The applicant shall be present if the Board has any questions of him. Request and Current Status The request is for permission to permanently establish a fifth dwelling unit in a Residential, four units per acre (R-4) zone. The unit requires a density waiver, but does not require a living size standard waiver. The minimum living size is 425 square feet. The subject unit is 840 square feet and is in excess of the minimum requirement. History In June of 1967, there was a variance granted by the Zoning Board of Adjustment to build a three (3) unit building on this lot. The record shows there was a discussion land area and square footage of the building and the Board felt the variance requirements were easily met with the land available. In June of 1972, the owner requested the Zoning Board of Adjustment issue a variance to convert the three (3) family unit to a four (4) family unit. The records reveals the Board found that it was a reasonable use of the structure and it would encompass no exterior changes. The Board further found the structure was originally designed for four (4) units. At that meeting the owner, Theresa Benoit, indicated to the Board she was going to complete the cellar and put in two (2) bedrooms for her sons, and there was a front entry and a cellar hatchway so there was no fire hazard. The Board approved the fourth unit and the additional basement/living area unanimously on condition the six (6) car parking area would be paved. At some time after the approval it would appear the owner established a fifth unit in the "raised ranch style" first floor. The City tax assessor records seem to verify there was City knowledge of a residential fifth apartment as it has been taxed. The purpose of this appeal is to seek the establishment for the fifth unit at 14 Cottage Grove, South Burlington, Vermont. Theresa McKenney Benoit, the applicant under the first two variance approvals conveyed the apartment house as a five (5) unit complex to Daniel Mendl in 1985. The property has been controlled by Mendl family members or their entities since that time. Recently the property is being marketed and these issues have surfaced in the course of gathering marketing information relative to the property. At the Hearing I shall expand on the following information in addressing the five (5) criteria relative to the applicant's request for a variance to establish a fifth unit: 1. A variance exists currently on the property establishing permission to place the existing building on the existing lot. Criteria one (1) has been met by the Zoning Board of Adjustment in 1967. 2. It has been previously found by the Zoning Board of Adjustment that a variance was necessary to enable reasonable use of the property. This issue was passed on and approved in 1967 and 1972. 3. That the applicant and his family were innocent purchasers for value of an apartment complex represented to be a five (5) unit complex. It would appear the former owner did not have Zoning Board of Adjustment approval for an independent unit and deceived the applicant by not making it clear to the applicant that the unit was not approved. 4. That the variance to establish a fifth unit will not, affect the character of the neighborhood. That the fifth unit shall not impair the use or development of adjacent property or be detrimental to the public welfare. 5. That this variance will be the minimum required to afford the applicant relief from his current situation and shall be the minimum intrusion to the R-4 regulation. Thank you for your attention to this matter. Cordially, Eugen J. Ward, III, Esq. EJW/lc Enclosures EUGENE J. WARD, III GUY L. BABB MARIKATE E. KELLEY JEFFREY P. KILGORE, P.C. PARALEGAL: TINAMARIE B. WILES October 23, 1995 HAND DELIVERED WARD, KELLEY & BABB ATTORNEYS -AT -LAW 3069 WILLISTON ROAD SOUTH BURLINGTON, VERMONT 05403-6030 Richard Ward Zoning Administrator 575 Dorset Street South Burlington, VT 05403 (802)863-0307 TELEFAX 863-4587 CLOSING COORDINATOR: JO RICHER ADMINISTRATIVE STAFF: NANCY A BRETT LYNN M. NIELSEN LORRAINE CHAPUT REGISTERED LAW CLERK: ELISABETH BOLT RE: 14 Cottage Grove (Owner - Daniel J. Mend1) Zoning Administration - City of South Burlington, Vermont Dear Dick: Enclosed please find a completed Application with exhibits and fee, and seven (7) copies for submittal to the South Burlington Zoning Board of Adjustment. I understand this matter is to be set for hearing on the November 13, 1995, meeting calendar. I shall attend the meeting representing the applicant. The applicant shall be present if the Board has any questions of him. Request and Current Status The request is for permission to permanently establish a fifth dwelling unit in a Residential, four units per acre (R-4) zone. The unit requires a density waiver, but does not require a living size standard waiver. The minimum living size is 425 square feet. The subject unit is 840 square feet and is in excess of the minimum requirement. History In June of 1967, there was a variance granted by the Zoning Board of Adjustment to build a three (3) unit building on this lot. The record shows there was a discussion land area and square footage of the building and the Board felt the variance requirements were easily met with the land available. In June of 1972, the owner requested the Zoning Board of Adjustment issue a variance to convert the three (3) family unit to a four (4) family unit. The records reveals the Board found that it was a reasonable use of the structure and it would encompass no exterior changes. The Board further found the structure was originally designed for four (4) units. At that meeting the owner, Theresa Benoit, indicated to the Board she was going to complete the cellar and put in two (2) bedrooms for her sons, and there was a front entry and a cellar hatchway so there was no fire hazard. The Board approved the fourth unit and the additional basement/living area unanimously on condition the six (6) car parking area would be paved. At some time after the approval it would appear the owner established a fifth unit in the "raised ranch style" first floor. The City tax assessor records seem to verify there was City knowledge of a residential fifth apartment as it has been taxed. The purpose of this appeal is to seek the establishment for the fifth unit at 14 Cottage Grove, South Burlington, Vermont. Theresa McKenney Benoit, the applicant under the first two variance approvals conveyed the apartment house as a five (5) unit complex to Daniel Mendl in 1985. The property has been controlled by Mendl family members or their entities since that time. Recently the property is being marketed and these issues have surfaced in the course of gathering marketing information relative to the property. At the Hearing I shall expand on the following information in addressing the five (5) criteria relative to the applicant's request for a variance to establish a fifth unit: 1. A variance exists currently on the property establishing permission to place the existing building on the existing lot. Criteria one (1) has been met by the Zoning Board of Adjustment in 1967. 2. It has been previously found by the Zoning Board of Adjustment that a variance was necessary to enable reasonable use of the property. This issue was passed on and approved in 1967 and 1972. 3. That the applicant and his family were innocent purchasers for value of an apartment complex represented to be a five (5) unit complex. It would appear the former owner did not have Zoning Board of Adjustment approval for an independent unit and deceived the applicant by not making it clear to the applicant that the unit was not approved. 4. That the variance to establish a fifth unit will not, affect the character of the neighborhood. That the fifth unit shall not impair the use or development of adjacent property or be detrimental to the public welfare. 5. That this variance will be the minimum required to afford the applicant relief from his current situation and shall be the minimum intrusion to the R-4 regulation. Thank you for your attention to this matter. Cordially, Eugend J. Ward, III, Esq. EJW/lc Enclosures EXHIBITS TO THE VARIANCE REQUEST OF DANIEL J. MENDL 14 Cottage Grove, South Burlington, Vermont (Exhibit 11111) Color photographs of 14 Cottage Grove, South Burlington, Vermont, illustrating the building and the detached five (5) bay garage. (Exhibit 11211) Plot Graph of 14 Cottage Grove. (Exhibit 11311) Excerpts from the December 11, 1994 appraisal of Richard O. Callahan, labled as follows: (Exhibit "A") Property line sketch with building footage; (Exhibit "B") Floor Plan; (Exhibit "C") Property Description. h:\temp\exhibits.men EXHIBIT "1" HICKOK & BOARDMAN REALTY PREMIER OPPICB 346 SHELBURNE ROAD P.O. BOX 1064 BURLINGTON, VT 05402-1064 (802) 863-1500 No Text EXHIBIT APPRAISAL OF MORRIS & THERESA(McKENNEY'4ROPERTY 14 COTTAGE-� M SOUTH BURLINGTON, VERMONT RICHARD 0. CALLAHAN 116 WEST STREET ESSEX JUNCTION, VERMONT Exhibit A Of 14 EX - kit Exhibit B GLOSSARY The following terms shall be interpreted or defined as follows: FAIR MARKET VALUE - The highest price, estimated in terms of money, which a property will bring if exposed for sale in the open market allowing a reasonable time to find a purchaser who buys with the knowledge of all the uses to which it is adapted and for which it is capable of being use. FEE SIMPLE ESTATE - Total and complete ownership subject only to the limitations of eminent domain, escheat, police power and taxation. HIGHEST AND BEST USE - The most profitable, likely use to which a property may be legally put or adapted and for which there is a current market. ZONING - The regulation through the use of police powers, r by the municipal government, of the use of real estate for the health, morals, safety and general welfare. ExhibitC: Convert 4 unit multi -family dwelling into five units. (Fifth unit constructed within basement area approximately 1985, no record of conversion). Variance granted June 1967, construction of 3 unit apartment. Variance granted June 1972, convert to 4 unit apartment with living area (bedroom and bath) in basement. (See enclosed letters to Benoit). MENDL, Daniel J. 14 Cottage Grove Avenue Attorney Eugene Ward, agent Area zoned R-4 District and C-1 District. Property divided by district boundary (see enclosed tax map) Section 25.00 Area, density and dimensional requirements, maximum density R-4 District, 4 units per acre. Minimum lot size 6000 square feet per unit, frontage required 120 feet. Lot 125'x 180' = 22,500 square feet 010 oil W-11-1"fok�4 k . . lye '�S . . . . M, 7, LAN 5UU p 76- 19-71 4. 4813 7 Istil. t0t linp 7, 46.420' 19 5, 3 364 90 v., fN, 19 Af; Iral, 7161,;896,, 19 F 'D r nn'- 9nn X, ----T--ll 49 2 5" 49n oo 00 :L t" 1 14 421 TRANSFER RECORD"' INDICATED ' GRANTOR A," GRANTEE PRICE C+ BOOK. DATE 8 5 McKenney -Rp—r r i a Mandl Daniel $155pQwm Alr-n�-�Pron c 9 Chg fi Iles -'IT-ahs Tr;;n-- T rn nc z Trans 41 -M-1/8"". spy-ld"I'Jean qv,g'3 5 4-,--20-95'�',>,,Memd1 Jean M GENERAL- INFORM' TIONMendl- DanielA,:J Trans Trans (n -��.�4 �7�� 9;� prl,- A I M P R 0 V E M E N T S ZONING NEIGHBORHOOD UTI ITIES #jj 4 FRO V E 0 'S T RESIDENTIAL✓ ACCESSIBILITY WATER BUSINESS IMPROVING SEWER INDUSTRIAL STATIC ELECTRICITY t'D-j It It 0 A D ii It UNRESTRICTED DECLINING GAS ;,SALE5 PRICE, 'DATE SOLD ,A4101PR-OVEMENTS SINCE,- PURCHASE 16 t USE OF LAND TOPOGRAPHY-' �Fj�Sl DENTI A 01" E;t LEVEL .COM M E It C I A L- 4 iVyl ROLLING KqNDUSTRIALYP1400p,,-- ABOVE GRADE BELOW GRADE F'WOODLANDI STREET GRADE ji U N 70RE i 4.1 LOT IMPROVEMENTS PROVEM ENTS LAND VALUE COMPUTATION S, CLASSIFICATION NO. ACRES UNIT ^ VALUE CROP LAND PASTURE 0 A BLUEBERRY oo ORCHARD BRUSH WASTE WOODED �4;1 URBAN LAND COMPUTATIONS LOT SIZE EFFECTIVE FRONTAGE UNIT PRICE TRI % LAND FACTORS COR, OR ALLEY INF. LOT DEr,-- FT. FT. PRICE LOT IMPVTS. FRONT REAR DEPTH —700--. L', TOTAL VALUF LAND REMARKS 0 7 o er - On- 5,3 / - L, 49 40 0 d Z/ B4O0K VM-rse ILOWER F-go47 �,i x 0 to 1z (D •J IT .1� i• 1 x Ell LOCATION, _ l+ r` n o — 1 ottace Grove Avenue FOUNDATION S TYPE t HT. SF t,•.1 I REMARKS TYPC HT. Sri EXCAVATION SASMT. FLOOR r 'r �; ! t- / ,� ,; Sr l �� / ^�- x�`•.. FLOOR JOISTS SUPPORTS 1 �l' ON CTRS. x - ? ",'"10 SPAR fT EXTERIOR EXTERIOR — / / -' —f - 1 woo* SM -SIDING `�':'-- 'a TrGOD a I C A STONk ` "o`t CUM►O. DATE OF INSPECTION UY / TRIM r1'TAL $RICA STONK SCALE 1 INCH FEET ROOF CONSTRUCTION GUI!` A NIP TEAT ASIr,•SN TLPOD SN R. R •�� .._ .. .-.., L..r, .. _ •_s...._....,_.L.T-. ± '1, G ~' .. .,....,,� . '�- ..,•,..._.{, , l Z�._ P'.. �.. ...a. s- ..�-' •' 1_L_i �-� * T }{-r 1, .i-� - L'L- Fry iI}- •-4• _lid...+�.-h.. . .. ._-.—Ir/ ILi._' _L._, i_Ji �h•- I1 ' -1• _I. 11_ r-�_._i. 1 1 •�_.�t 1._.� _ r# , r _ .•� I-- �- _ - _ ��--I��_,,._ • _}--{--.}4-_i-r• 7 y-_ r - .....�k~-' �L •L_i--�_ ! 1 1._I_.. _.. _ ,._, .: .. I_� t :__L..' I - I r 1 � I , _1 2.20 •--J-- L :-- - t._ _ - _L. __ .�D __-- _ '_� I_�_T_I ___ - - - - -' - _ _ _ - _ _ _ _ _ IN WALLS D PARTITIONS I I n ►IA STIR ORT WAII w000 INTERIOR TRIM I �- �osT WooO MARO WOOD M1 YAL CEILINGS PLASTLR CO■►O. VITAL HARDWARE TOTAL CONST. U'4ITS DESIGN TOTAL UNITS _. V 6W I.J < < �J •� 2,5 S. F S. F !7 S. F. ,fin C Z S. F. /. C.,5 FINISHED HARD0001 LINOLEUM I I TILE 71 SOFTWOOD I ASPHALT7 ELECTRICAL WIRING � G i S r' AVERAGE OUTLETS MORE THAN AVERAGE LESS THAN. AVERAGE it n HEATING TY► 0 FIR A BY NUMdCR STY. ATTIC _ _ STAIRS FLOOR FIN. ROOMS KITCHEN SUPERIOR ABOVE AV , AVG. BELOW AVG. 0OQ HOT WATER �, ELEC. GAS, IL. FURNACE. RANG GAL •P . SINK �- LAVATORY FLUSH.� RATH TU %, D o STALL SHOWER SHOWER HEAD URINAL SET TUBS DISH WASHER G. DISPOSAL HAND PUMP ►R. PUMP UNDERGROUND PLUMBING FIREPLACE SINGLE SAME STACK CHIMNEY ROOF ADDITIONS -7 DORMERS DOUBLE DORMERS SHED DORMERS L.F. INSULATION MISCELLANEOUS < - WALLS ,> ROOF r�r1 a1I acr l X J{.OS i 3L�8 FFECTIVE AGE YRS ADJUSTMENTS -• REMAINING ECON. LIFE YRS UNFINISHED CREDIT •' -• I I -t DEPRECIATION rESTIMATIED REPRODUCTION COST NEW L 0 r PHYSICAL DETERIORATION /0iUNCT10NAL OBSOLESCENCE Y. f ECONOMIC 'OBSOLESCENCE Fl S TOTAL DEPRECIATION /0 ! TOTAL S / 0 MISCELLANEOUS BUILDINGS ESTIMATED DEPRECIATED COST - ESTIMATED VALUE OF LAND BUILDING STY, FD. EXT. WALLS ROOF TYPE ROOF COV. FLOORS INT, FIN. SIIE AREA UNIT EXTRAS COST NEW DEPR. P.D,IOBS. x x Y INUICAT Y - LD VALUE BY COST APPROACH AS OF 19 /oJ,.. 491 PId w.th p• ... I J• R ., J, ld I...tt,• •., Appr...•,. •,d Co—h-og. Na h ....... Go,, M..n• �'�"' Ei NORTH"n'ESTEFIN VEMAONT BOARD OF REALTO;.3 — MULTI -FAMILY x of Ap 5 14 Cottage Grove, So. Burl. P.lc*S 165 .000 �L ol,ro.,a Williston Road to Cbtta2e Grove 13 Yes R--r:Ars: Nice 5-Plex in excellent neighborhoa — l � 71 _ o4 Lct sl_-� _� r 1 55 x 88 0 �a t ►Pat x rc , si X, 6 6 x2 8 GA NO M , S A-'_ E-t 20 years TotyriRms.;$d ors 4//f{24/2 E;2JA.::U71 fiant �LSL�? 4L2 4 2 325,680 (} [ S laj._M , T o� Ya�t S u-n. lnti. Inc Hea~�;�,+ Refrigerator , —� __ r+_,�2, 931 2 3.3- 5 ---- erru..l Appilancai- Rana , i L-]?! °x• �r�::..1 9/87 7/85 Ps s'_ �, _ 8/85 1278 T��8ir�Sur= c? 491 --------;T Rubbs` a °nc=3 587 Cr. nu,:i Ten6�•:J Ge f Ekin Trc,-;c _ ---- — Ne�T`v_t� — lyd__'•_^ i' {-bts'•^iE.S-.�cS----- _ F�Tiog l 387 arnu_a�...� Ut; S ---- C= �— - ! r 1 LA Fiow SMot. .S j�Y>�i-=.'Sa.ra 460 —_ —_l^ 3 - ar: u -- — — y AC Tol.J Ex- 7 206 Found `.Yai;z Ruot AS S.f]r, Ma S . 5.. Y•1n. yr+ -2----__--_-- e^ , -- v-� owr:E `(orris T"neres,' McKenne � rt- — Pt,.434 „3 2 T p-sS3o „�- _-- r LoCentury 2l_A F B Real Esta_e, -13� o� Inc. a�.8o2 — _—� — L L. Mark Le4e_illee Ps_658-6J75 * A�_5 - Te:Lant is _ --- — 3/6/85--- sA [�% cC-A4 001` E-z D 3,. • U-S EO DATE _— 11/6/84 6B�BOKER NO. 001 --- EAXPI4,kT1ON DATE _ 3/6/85 • ' � ram,. Iwo-----...�. •--s .yam i�vir-='" ;.:� �`'`",-+:�� _-�. i �� ' � �.�-'ter_ _ �_ -: ?� • •• G_�'a �� . _�l ia. _�..` - 71 =�� =_ = -�.�:F ��; � ,F _ - _ _ - sip ; _%��"f-� �� v _ _- _'--_'.Y•.:.��-__`: �•%,-: _ �w y.�.%-F= = ..�Ti-? _ �=% - _. _ __ - _�"-_-r_v.. -•� :^'-�r�,..:_.H� ;L � 'cam_ - 5�^; �37^?..s-'�X'-t`+.f1�.`>r''is=s�.-�T- r"-�-,.�... yY� ._r_-.�--....ram.-c--_: s�:.;�'�-"!'� jz';�='�-'• -` :Y HOU-09-1995 1 13 WARD, KELLEY & BABB P.Lll-01 EUGENE 1, WARQ III GUY L. BASS MARIKA11 E. KF.I_LEY PARALEGAL. 'rINA MARIE B, WILES November 9, 1995 WARDS KELLEY & BABB ATTORNEYS -AT -LAW 3069 WILIASTON ROAD SOUTH BURLINC,TON, VERMONT05403-6030 (I102)$63-0301 TELEFAX 863-45R7 Richard Ward Zoning Administrative Officer City of South Burlington 575 Dorset Street So. Burlington, VT 05403 RE: Dan e-1 Mendl - 14 C2ttaae Grove Avenue Dear Dick: CLOSING C(.X)RDINATL)R JO RICHER ADMINISTRArIVE STAFF NANCY A BRL•TT LYNN M. NIELSE.N LORRAINE CHAPUT My client has instructed me to suspend further efforts to aquire approval on the variance. I will not be attending the Zoning Board of Adjustment hearing scheduled for 7:00 p.m. Monday, November 13, 1995. I do not know if Dan Mendl intends to attend. Hopefully he or Chip will contact you prior thereto. Ward, III, Esq. EJW/lmn Cc: Dan Mendl Chip 'Thackara TOTAL P.01 Mr. Edmund J. Benoit, 125 White street South Burlington, Ver Dear Mr. This is to notify you that has favored your request wi of 1271 X 2001 depth for th Not recognized at the use variance and the is required. This regular muting to e P.— L June 23, 1967 oard of Adjustment subject to a set-off tment dwelling. fact that this is a proval by the selectmen " of at their next 1967. Henry LeClair Town Manager i Mr. Edmund J. Benoit, Jr. 125 White Street South Burlington, Vlrmont Dear Mr. Benoit: July 17, 1967 This is to notify you that the Board an at their meeting held July 11, 1967 gave their appro-v to your variance request subject to the s lation th a division of the lot be recorded in the t rds in ac ordance with minimum lot requirements note in the minutes of the Zoning Board minutes of a 21, 67. The Zoning Board also stipulated a final fro a fi a of 127 feet and a depth of 200 feet. EAR UO Ve3yNtruly yours, e. enry LeClair Town Manager June P, 1972 Mrs. Theresa Benoit 11� Cottage Greve Avenue South Burlington, VT 05401 Dear Mrs. Benoit: Be advised that the South Burlington Zoning Board of Adjust- ment has approved your request to convert your present dwelling into a four apartment comple$. They stipulated that a parking area containing a miniftm of six spaces be paved prior to completion of your project. The minimum size parkin; space used is 9' x le', we recommend a 10' x 20' space. A building permit will be issued upon your request. Very truly, Richard Ward Zoning Administrator RW/ j �� -�--�,P ��%�► � - ,,ter/ i e■ ov4e 17— ac -ela EUGENE J. WARD, III GUY L. BABB MARIKATE E. KELLEY PARALEGAL: TINA MARIE B. WILES October 30, 1995 WARD, KELLEY & BABB ATTORNEYS -AT -LAW 3069 WILLISTON ROAD SOUTH BURLINGTON, VERMONT 05403-6030 Richard Ward Zoning Administrator 575 Dorset Street South Burlington, VT 05403 RE: 14 Cottage Grove/Zoning Dear Dick: (802) 863-0307 TELEFAX 863-4587 CLOSING COORDINATOR JO RICHER ADMINISTRATIVE STAFF: NANCY A BRETT LYNN M. NIELSEN LORRAINE CHAPUT Upon reviewing the application I noticed the "Exhibit C" submitted was not the property description. Enclosed please find copies of the proper "Exhibit C" as a part the application. Thank you for your attention to this matter. Cordially, Eugen J. Ward, III, Esq. EJW/lc f i j f' ZONING BOARD OF ADJUSTMENT MEETING JUKE 7. 1972 The South Burlington Zoning Board of Adjustment held a public hearing at the South Burlington City Hall, Conference Room, 1175 Williston Road, South Burlington, Vermont on Wednesday, June 7, 1972. Richard A. Myette, Chairman, called the meeting to order at 7:30 p.m. MEMBERS PRESENT Richard A. Myette, Chairman; Robert M. Martineau, Frederick J. Fayette, Jr., David L. Cleary and a new member Mr. Sidney Poger who observed the meeting. OTHERS PRESENT $ichard Ward, Zoning Administrator; Lydia B. Lowell, Frank Mazur, Regina Sands, Samuel H. Rothman, Mimi Rothman, Theresa Benoit, f V. A. Burrell, Mary Burrell, Frances Jacobs, H. Sheldon Jacobs, t Foster Whitcomb, Luanne Whitcomb, Theresa Cross, Attorney John Fitzpatrick, Leo O'Connor, Free Press Reporter; and Jane Brown. APPEALII OF THERESA BENOIT Appeal of Theresa Benoit seeking a variance from Section 12.90, Non- conforming use of the South Burlington Zoning Ordinance. Request is for permission to convert the present three family unit into a four family unit, at 14 Cottage Grove Avenue. Mr. Ward explained that the tri-plex was constructed in 1968 and was in area zoned Residential District B. He also explained that the tri-plex was presently non -conforming and was originally planned to be a fourplex. The construction will be done inside the structure. The building permit issued at the time of construction was for a tri- plex. i 2. ZIr-ONING BOARD OF ADJUSTMENT MEETING DUNE 7. 1972 APPEAL OF THERESA_BENOIT, CONTINUED Mr. Myette asked the dimensions of the entire building. Mrs. Benoit said that it was 68' x 27'. Mrs. Benoit was asked the square footage of the apartment. She said they were all 918 square feet. Mrs. Benoit said they were going to put 2 bedrooms in the cellar for two of her sons. Mr. Martineau asked if there would be a paved parking area. Mrs. Benoit said that the drive and area to the rear of the building would be paved. Mr. Fayette asked the size of the parking lot. Mrs. Benoit said she wanted a 2 car driveway and that she presently has 6 cars. Mr. Cleary asked the ages of her children. Mrs. Benoit said they were 149 17 and 21. He also asked about exits from the cellar. Mrs. Benoit said she has a front entry and a hatchway in the back so it would not be a fire hazard. No further support or opposition to the appeal. Board recessed for discussion. Board voted unanimously in favor of granting the variance with the stipulation that before completion of construction on the house the driveway and parking area be paved and have a minimum number of parking spaces which would be 6. 1st finding - Reasonable use of structure, no exterior changes. 2nd finding - Structure originally designed for four units, under variance in 1968. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 October 30, 1995 Attorney E.J. Ward III Ward, Kelley & Babb 3069 Williston Road South Burlington, Vermont 05403 Re: Zoning Appeal Dear Mr. Ward: ZONING ADMINISTRATOR 658-7958 Be advised that the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington City Offices, Conference Room, 575 Dorset Street on Monday, November 13, 1995 at 7:00 P.M. to consider your request for a zoning variance. Please plan to attend this hearing and be prepared to address the enclosed review criteria. If you have any questions, please give me a call. Very truly, Richard Ward, Zoning Administrative Officer RW/mcp 1 Encl LEGAL NOTICES 1 SOUTH SUIILINGTON ZONING NOTICE In accordance with the South Burlington Zoning Reeggulations and Chapter 117, Title 24, V.S.A. the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington Mu- nicipal Offices, Confer- ence Room, 575 Dorset Street, South Burlington, Vermont on Monday, No- vember 13, 1995 at 7:00 p m. to consider the fol- lowing:.: *1 Appeal of Bret Kernoff seeking a variance from Section 25.00 Area, densi- ty and dimensional re- quirements, lot coverage of the South Burlington Zoning Regulations. Re- quest is for permission to construct a 18'x28' addi- tion to an existing 24'x50' storage building. Pro - pone addition will in- crease the total lot coverage to seventy-three (73) percent, building also non -conforming to mini- mum setback require- ments on a lot containing 24,300 square feet, lo- cated at 1197-1203 Willie - ton Road. *2 Appeal of Richard Robinson seeking a vari- ance from Section 25.00 Area, density and dimen- sional requirements of the South Burlington Zoning Regulations. Request is for permission to con- struct a 10'x14' carport to within five and one half (5.5) feet of the easterly side yard. Proposed car- port will increase lot cov- erage to 23% which exceeds the maximum al- lowed, located at 15 White Place. #3 Appeal of Daniel Mendl, Eugene Ward agent, seeking a variance from Section 25.00 Area, density and dimensional requirements of the South Burlinggttoonn Zoning Regula- tions. �lequest is for per- mission to convert an existing four unit multi- family dwelling into a five unit multi -family dwelling, on a lot containing 22,500 square feet, located at 14 Cottage Grove Avenue. Plans are on fib with the South Burlington Planning and Zonr� O=, 10- cated at Oily Hall, 575 Dorset Street. South Sur Administrative Of- i?ctober 28, 1995 • I 4 4 W 1-9 i M ,o s y �_ t tv OA ID 10 Ji 1 .� a' J s ,r wt,�• a. �i G� �: . '� i.• �s�' � I .2laF y orb �� 3. 1 �' .'.• kp Jam,(sue.-rirl fo 4 J/ 'Z h C t •� yam` � , . ' _V' :�S (/ , , vt,.,+ - - .. 'rl`, � ._` � .. :) .d f t' ' V cc k' ' - � ` ��'� � ..� '� `�" "r3/9 s@, � . -. :., , rr • •s � , o ro' a .. s vs..f a .. r �9 y �J 6yDGJ 2 Um • ,,' ; t Lb DIV e0 0- •13d6 • i c+ .iif t :.► �J�s ' jp! . . •i4es AV oll.s -7 so' as ci a 7+ t' Y.Z. I. IZ' RoA� wloE. 3/1v/78 k IL L /J-TO - 1 �',�SS I 1 1 R �Z�� 1 ► .,�►1d+6 dr4� ..i--..,.....—r... _ I_..---.�_.._ 14 1 t . 1 1 I 1 I i1/.OSI ,n City of South Burlington Application to Board of Adjustment Official Use APPLICATION # Date October 23, 1995 Daniel J. Mendl by his attorney Applicant Eugene J. Ward, III Owner, leasee, agent HEARING DATE FILING DATE �01a�// j FEE AMOUNT � 0 0c Address 3069 Williston Road Telephone # (Rn9) RA3-n3n7 South Burlington, VT 05403 Landowner Daniel J. Mendl Address 14 Cottage Grove Location and description of property South Burlington, VT 05403 see attached Exhibit list Type of application check one ( ) appeal from decision of Administrative Officer( )request for a conditional use (xx ) 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 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 variance to establish 5th unit in an R-4 zone. Reason for appeal Density Waiver Request See attached letter of Eugene J Ward, III, Esq. dated October 23 1995 to Richard Ward Zoning Admin.C:ity of South Bur gton.. The owner or applicant should submit along with this application copies) plans, elevations, landscaping diagrams (drawn to scale) traffic data and any other additional information which will serve as support evidence to the Board. '1 Hearing Date , ighature of `Appe lantEugene J. Ward,III,Esq. Do not write below this line for Daniel J. Mendl ----------------------------------------------------------------------------- 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 Month and Date Appeal of at to consider the following: Time //l.(�NSC.i / lire d s? C ..c °.�' �•,L' '0 seeking a f/, {� . �� from Section Z4, 00 .. __ , r e• of the South Burlington Zoning Regulations. Request is for permission a_4_6't_ —/' t _EXHIBITS TO THE VARIANCE REQUEST OF DANIEL J. MENDL 14 Cottage Grove, South Burlington, Vermont (Exhibit 11111) Color photographs of 14 Cottage Grove, South Burlington, Vermont, illustrating the building and the detached five (5) bay garage. (Exhibit 11211) Plot Graph of 14 Cottage Grove. (Exhibit 11311) Excerpts from the December 11, 1994 appraisal of Richard O. Callahan, labled as follows: (Exhibit "A") Property line sketch with building footage; (Exhibit "B") Floor Plan; (Exhibit "C") Property Description. h:\temp\exhibits.men "EXHIBIT PROPERTY DESCRIPTION The subject site is a rectangular shaped parcel with a fron- tage of 125 feet on the westerly side of Cottage Grove and a uniform depth of 180 feet. Total land area is 22,500 square feet or 0.517 plus or minus acre. The lot is quite level with a slight slope to the south and to the street. This coupled with sandy soil would indicate that it is quite well drained. It is improved with all municipal utility connections, average landscaping, lawn and some 4,000 square feet of paved drive and parking. The building improvement situated thereon is a twenty year old split foyer, three level structure with a base area of 1,848 square feet and a gross floor area of 5,544 square feet. It has a concrete block foundation, insulite siding and an asphalt shingled gable roof. Slightly more than half of the lower level is ."common area" with storage, and the gas fired five zone hot water heating plant. There is a rear exterior entry from this level. Also on the lower level is a single apartment with large kitchen -dining room, living room, bedroom and full bath. Each of the upper two levels contain two apartments. Each of these units has.a kitchen., living room, two bedrooms and a full bath. The lower level has carpet and torginal floors while the upper units have carpetted floors with inlaid in the kitchens and baths. Walls and ceilings are drywall, Kitchens are equipped with range, refrigerator and - ==-- garbage disposal. At the rear of the building is a 322 square foot two level open porch of pretreated lumber. The building is essentially in quite good overall condition and shows generally good maintenance. However, it should be noted -8- _ "EXHIBIT C that although the exterior is presently well painted, at some point in time, this was perhaps not the case. The insulite siding, in several areas, shows the effects of weathering and will necessarily be replaced in the not to distant future, or covered with vinyl or aluminum. Effective age is estimated at twenty years with a re- maining economic life of forty years. No Text OCT-23-1995 14:09 WARD, KELLEY & BABB - 4 City of South Burlington Application to Board of Adjustment Date October 23, 1995 Daniel J. Mandl by his attorney Applicant Eugene J. Ward, III Owner, lessee, agent P. 05 APPLICATION # HEARING DATE FILING DATE FEE AMOUNT Address 3069 Williston Road Telephone # -- South Burlington, VT 05403 Landowner Daniel J. Mendl Address 14— CottagSouth e Grove Location and description of property see attached ExhibitSlistngton, VT 05403 Type of application check one ( ) appeal from decision of Administrative Officer( )request for a conditional use (xx ) 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 e 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 variance to establish 5th init in an R-4 zone. Reason for appeal Density Wa•r_ver R Fr of Eugene J. Ward. TTT_ F.an riornd The owner or applicant should submit along with this applica ionr�'gcopies) 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 Signature of Appellant Eugene J. Ward,II1,Esq --_---- __- _,---- Do not write below this line for Daniel J. Mendl 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 Date Time Appeal of seeking a from Section of the South Burlington Zoning Regulations. Request is for permission to HOV-15-1995 16:56 WARD, KELLEY 3 BABB p,o? APPRAISAL OF MORRIS & THERESA cKENNE�. ROPERTY 14 COTTAG DVE SOUTH BURLINGTON, VERMONT i RICHARD 0. CALLAHAN 116 WEST STREET ESSEX JUNCTION, VERMONT hov-15-1995 1e: 5b WHPD, hELLEY & BHBB P. 0� RICHARD 0. CALLAHAN Rea! Estate Appraiser 116 WPST STREET j Esm JUNCTmN, VT 05452 ` 879-3992 December 11, 1984 Mr. Martin Lavin Century 21 - AFB Realty 930 Shelburne Road South Burlington, Vermont 05401 Dear Mr. Lavin: At your request, I have made an inspection of the Morris & Theresa McKenney Property 14 Cottage Grove South Burlington, Vermont for the purpose of estimating the fair market value. The following report will describe the method of approach and set forth a description of the property with an analysis of data and the reasoning underlying the conclusions derived in my inves- tigation. After applying recommended methods and techniques and after analyzing the data presented herein, I estimate the fair market value of subject property, as of November 29, 1984 to be: ONE HUNDRED SEVENTY ONE THOUSAND DOLLARS ($171,000.). Respectfully submitted$ Richard 0. Callahan ROC/gbc NUV-15-1995 lb 5, WARD. KELLEY 'u BABB P. 0-4 TABLE OF CONTENTS INTRODUCTION Title Page Letter of Transmittal Photographs of The Subject Property ................... •3 Summary of Salient Facts and Conclusions*, ... *-see .... 5 DESCRIPTION ANALYSIS AND CONCLUSIONS Appraisal Problem.....................................6 Area Data.............................................7 Property Description..................................8 Highest and Best Use.. ... ...... .•...•....••......••.•10 Cost Approach to Value..............•••••••••••••••••11 Market Data Approach to Value ............ ..••.•••••... 12 Income Approach to Value .............................15 Correlation and Final Estimate of Value..............17 ADDENDUM Property Line Sketch - Exhibit A Floor Plan - Exhibit B Glossary - Exhibit C Certification - Exhibit D Assumptions and Limiting Conditions - Exhibit E Qualifications of The Appraiser - Exhibit F HOV-15-1995 16:51 WARD- KELLEY & BABE P.O5 4`13-0 �K n c5x- n.cmc G %e-ov v- Exhibit A No Text NOS.1-15-1995 16 : 58 WARD- k.ELLE'f a 8t 4BB P . 07 SUMMARY OF SALIENT FACTS AND CONCLUSIONS REPUTED OWNER: Morris & Theresa McKenney PROPERTY LOCATION: 14 Cottage Grove South Burlington, Vermont PURPOSE OF APPRAISAL: Fair Market Value INTEREST APPRAISED: Fee Simple Estate LAND SIZE: 125' x 180' IMPROVEMENTS: Three level - five apartment house PRESENT USE: Rental Housing HIGHEST AND BEST USE: Rental Housing VALUE ESTIMATE VIA: Cost Approach $1719900. Market Approach $171,200. �**��,, Income Approach $170,300. FINAL ESTIMATE OF VALUE: $1711000. EFFECTIVE DATE OF APPRAISAL: November 29, 1984 DATE OF PROPERTY INSPECTION: November 29, 1984 -5- ri0V-15-1995 16:58 6ARD, kELLEY & BABB P.08 APPRAISAL PROBLEM The subject property consists of a rectangular shaped parcel on which is located a three level -five apartment structure. The property, situated on the westerly side. of Cottage Grove, is desi- gnated number fourteen thereon, in the City of South Burlington, Vermont. The final estimate of value set forth herein will result from a correlation of indications derived from the independent processing of each of the three basic approaches to value. NOV-15-1995 16:58 WARD, KELLEY & BABB P,©9 AREA DATA If the herein contained Appraisal Report is to be delivered outside of the geographic area where the user is unfamiliar with the area economy, a request to the Appraiser will result in a complete Area Data section. C -7- N0I1-15-1995 1G:59 WAFD, kELLEY S BABB F.10 PROPERTY DESCRIPTION The subject site is a rectangular shaped parcel with a fron- tage of 125 feet on the westerly side of Cottage Grove and a uniform depth of 180 feet. Total land area is 22,500 square feet or 0.517 plus or minus acre. The lot is quite level with a slight slope to the south and to the street. This coupled with sandy soil would indicate that it is quite well. drained. It is improved with all municipal utility connections, average landscaping, lawn and some 4,000 square feet of paved drive and parking. The building improvement situated thereon is a twenty year old split foyer, three level structure with a base area of 1,848 square feet and a gross floor area of 5,544 square feet. It has a concrete block foundation, insulite siding and an asphalt shingled gable roof. Slightly more than half of the lower level is "common area" with storage, and the gas fixed five zone hot water heating plant. There is a rear exterior entry from this level. Also on the lower level is a single apartment with large kitchen -dining room, living room, bedroom and full bath. Each of the upper two levels contain two apartments. Each of these units has a kitchen,, living room, two bedrooms and a full bath. The lower level has carpet and torginal floors while the upper units have carpetted floors with inlaid in the kitchens and baths. Walls and ceilings are dxywallt Kitchens are equipped with range, refrigerator and garbage disposal. At the rear of the building is a 322 square foot two level open porch of pretreated lumber. The building is essentially in quite good overall condition and shows generally good maintenance. However, it should be noted -8- Not.1-15-1995 16:59 WARD- kELLEY & BABB P.11 that although the exterior is presently well painted, at some point in t perhaps not the case. The insulite siding,_-n---- several areas, shows the effects of weathering and will necessarily be replaced in the not to distant future, or covered with vinyl or aluminum. Effective age is estimated at twenty years with a re- maining economic life of forty years. -9- HOV-15-1995 is:19 WARD, KELLEY '3 BABB P.13 HIGHEST AND BEST USE The subject property is located in an area of South Burlington which is zoned "R4" or Residential -Four Units Per Acre. The ordi- nance allows multi. -family dwellings in this area with a requirement for 6,000 square feet of land per unit and a maximum density of four units per acre. , In view of the residential character of the neighborhood and the fact that the subject density exceeds current limits, together with the theory that the highest value is developed by the most intense use, it must be concluded that the continuation of the pre- sent use is, in fact, the highest and best use. -10- Hok)_15-11395 11.00 WARD, kELLEY & BABE F.13 COST APPROACH TO VALUE This approach to value derives a value estimate from the summation of the value estimate of land, land improvements and the depreciated value estimate of the building. The replacement cost new of the latter is based on units extracted from the Boeckh Building Valuation Manual adjusted for the local index. The estimate of accrued depreciation is simply the relationship, expressed as a percentage, of the effective age to the remaining economic life. It is processed as follows: Building: 19848 s.f. @ $72.26/s.f. $133,536. Plus: Finished Baseme �40s_l- @ $3.00� 21520. Extra Plumbing 21100. Porch 322 s.f. @ $18.75/s.f. 6,038. Sub -Total $1449194. Adjusted For Local Index (1.32) $1909336. Less: Accrued Depreciation @ 331/3% 63,445._ Depreciated or Fair Market Value of Building $1269891. Plus: Value Estimate of Land 379500. Value Estimate of Land Improvements 51000. Value Estimate of Appliances 2,500._ Total Property Value Estimate Via Cost Approach $1719891. or say $171,900. 41� -11- P0V-15-1995 17 00 WARD, KELLEY 2, BABB F. 1-3 MARKET DATA APPROACH TO VALUE This approach to value is based on the principle of substitu- tion which states simply that a prudent investor is not justified in paying more for a given property than it would cost to purchase a similar property with equal utility and desirability. It's pro- cessing requires the comparing and rating of the subject with simi- lar properties for which market data is available. Following is a simplified -abbreviated processing of this approach. -12- INCOME APPROACH TO VALUE This approach to value develops an estimate based on the capitalization of a net income which a prudent investor may safe- ly anticipate deriving from the rental of the subject. It's pro- cessing requires the determination of a gross income, which is then reduced by expenses necessary to maintain the income stream. The resulting net income is then capitalized at an appropriate rate to derive an estimate of value. The Appraiser has been conducting an ongoing study of area rental data, expenses and overall rates as developed by investors in the local area market place. On the basis of that study, the subject should rent for $0.48-$0.50 per square foot of gross floor area for the upper level and approximately 10% less for the u lower level. In that the subject has central heating, these rentals should be increased by $0.055/square foot. Expenses should fall in the range of 25% to 30% of gross income and an appropriate overall rate is determined to be 12.5%. On this basis an appropriate rental for the subject would be $0.54 per square foot for the upper levels and $0.49 per square foot for the lower level. The subject units are currently leased at set rentals, the longest of which expires in September, 1985. As such the cur- rent rentals are ignored herein. The current expenses (28% of existing gross income will be utilized however). This approach 'is processed as follows: -15- Gross Income: 1,848 s.f. x 2 floors x $0.54/s.f./mo. x -__ 12 months 840 s.f. x $0.49/s.f./mo. x 12 months Total Gross Income Less: Expenses Taxes(actual) $29350. Insurance(actual) 491. Heat(actual) . 21931. Rubbish & Snow(actual) 587. Utility(actual) 387. Water & Sewer(actual) 460. Reserve for Replacement 400. (Estimated) Total Expenses Net Income Capitalized @ 12.5% :C or say $232950. $ 4,939. $28,889. 7,606. $212283. $1702264. $1702300. -16- CORRELATION AND FINAL ESTIMATE OF VALUE Each of the three basic approaches were processed with the following results: Cost Approach $1719900. Market Data Approach $1719200. Income Approach $170,300. Although the individual processing in the first two indications was somewhat abbreviated, the extremely narrow range tends to give credence to the ingredients of each. Therefore, it is concluded that the fair market value of the subject property, as of November 29, 1984 should be "pegged" at ONE HUNDRED SEVENTY ONE THOUSAND DOLLARS ($171,000.). -17 a ADDENDUM 0 Exhibit B Eb"Iwc GLOSSARY The following terms shall be interpreted or defined as follows: FAIR MARKET VALUE - The highest price, estimated in terms of money, which a property will bring if exposed for sale in the open market allowing a reasonable time to find a purchaser who buys with the knowledge of all the uses to which it is adapted and for which it is capable of being use. FEE SIMPLE ESTATE - Total and complete ownership subject only to the limitations of eminent domain, escheat, police power and taxation. HIGHEST AND BEST USE - The most profitable, likely use to which a property may be legally put or adapted and for which there is a current market. ZONING - The regulation through the use of police powers, <<� by the municipal government, of the use of real estate for the health, morals, safety and general welfare. ExhibitC', CERTIFICATION By my signature below, I certify that I have no present or contemplated interest in the real estate that is the subject of this appraisal report, and that neither the employment to provide the appraisal, nor the fee, is contingent on the value of the property. I further certify that I have no personal interest or bias with respect to the subject matter of this appraisal report or to the parties involved and to the best of my knowledge and belief, the statements of fact contained in this appraisal report, upon which the analysis, opinions and conclusions expressed herein are based, are true and correct. This appraisal report sets forth all of the limiting condi- tions (imposed by the terms of my assignment or by the undersigned) affecting the analysis, opinions and conclusions herein contained. The undersigned inspected the subject property and prepared the analysis, conclusions and opinions concerning real estate that are set forth in this appraisal report. Richard 0. Callahan Exhibit D f ASSUMPTIONS AND LIMITING CONDITIONS In preparing this appraisal report, it has been assumed by the Appraiser that: 1) The title of the property is marketable. 2) The real estate appraised herein is free and clear of existing liens and encumbrances. 3) No survey of the subject property was made by the Appraiser. The land dimensions utilized herein were derived from sources believed to be reliable and are assumed to be correct. 4) The Appraiser assumes no responsibility for items of a legal nature. The property is appraised as fee simple testate. 5) The value estimate applies for a reasonable but limited time. 6) The value estimate is as of the date of appraisal. 7) The information and opinions identified in this report supplied by others is assumed to be reliable. The Appraiser can assume no responsibility for their accuracy. 8) Possession of this report does not carry with it the right of publication, nor may it or any part thereof be used by anyone but The Client or his appointed agents without the pre- vious written consent of Richard 0. Callahan. Exhibit E ROBERT A AND ELIZABETN MILLET �1 .�- �,' HENey VAkLZ,1j6- VOL. 50 , P 99 S.M. — — 5 81039.45.,w — ATijrl! S.M. • 12 5 00" Cf4AW LiVK ' L. 1 rt � a C L 55 ON EE TTF � O' C� O 0 �9 CO C GUY WIR 0 5 6I7UMINOU5 PARKING LOT 1 � � A != CONCRETEPAO I 1 35 d\F 14 COTTAGE -GROVE ROLAN D P ICH E VOL 39 ? 9(c x s'- co 4 x LEGEND i=DGE RIGHT-OF-WAY 0, -- PROPERTY LINE 00 O QVX OS.M. 5ET SURVEY MARKER GUY POLE 3lol P -$�- COMBINATION POLE HEREBY C,ERT a, T AT T PU5 E _ _ N 81" 34"45N E" I �. / S CATCH 5A51N 5.M. HYD'+W.5.0. EDGE OF ROAD BCOTTAGE GROVE SCALE IN FEET TO WHITE 5T--+ PAVEMENT O Za 40 BOO 80 100 � DIETZGEN 13OM•3 11548 O CERTIFICATION • 1 I H HIS SURvEY WAS o ;CHAIN LINK FENCE DONE BY TRANSIT AND TAPE. INFORMATION TO PER- � 2 e- FORM SURvEY WA5 TAKEN FROM RECORDS AND i PLATS FILED WITH SOUTH 6URLING-FON TOWN CLERK OFFICE. REV DATE DESCRIPTION MADE CHECKED APP-D NO. BY BY BY h v r.I� PROPERTY PLAN ?,i 0 3 1996 City of So. Burlington LL .. ROgL RT + SALLY -bR N1 E_ SO. BURL I NGTON , VT. SURVEYED SCALE Vv-M WEBSTER-MARTIN, INC. DESIGNED CONSULTING ENGINEERS DRAWN PROJECT NO. M.J.C. SOUTH BURLINGTON. VERMONT . O1o_aB47 TRACED CHECKED SUBMITTED DATE DRAWING NO. W. H. R. OCT,1978 i OF I a City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 September 12, 1996 Eugene J. Ward III, Esquire 3069 Williston Road South Burlington, Vermont 05403 Re: Add Dwelling Unit, 14 Cottage Grove Avenue Dear Mr. Ward: ZONING ADMINISTRATOR 658-7958 Enclosed is a copy of the Findings of Fact and Decision on the above referenced project approved by the Planning Commission on August 13, 1996. Please note the conditions of approval including the requirement that the final plat plans be recorded within 90 days (11/11/96) or this approval is null and void. If you have any questions, please give me a call. Sibiderel JoeWeith, - Cit Planner JW/mcp 1 Encl cc: Sally & Robert Torney City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 September 16, 1996 Eugene Ward III, Esquire 3069 Williston Road South Burlington, Vermont 05403 Re: Add Dwelling Unit, 14 Cottage Grove Avenue Dear Mr. Ward: ZONING ADMINISTRATOR 658-7958 Enclosed is a copy of the August 13, 1996 Planning Commission meeting minutes. Please note the conditions of approval including the requirement that the final plat plans be recorded within 90 days (11/11/96) or this approval is null and void. If you have any questions, please give me a call. Y, J Weith,' Cy Planner JW/mcp 1 Encl cc: Robert & Sally Torney PLANNING COMMISSION 13 AUGUST 1996 PAGE 2 4. Review Minutes of 23 July 1996: Mr. Beaudin moved that the Minutes of 23 July be approved as written. Mr. Crow seconded. Motion passed unanimously. 5. Public hearing: Final Plat Application of Bob and Sally Torney to convert a 4-unit residential multi -family dwelling into a 5 unit multi -family dwelling, 14 Cottage Grove: Mr. Ward said the 5th unit was added by the prior owner without approval. The Zoning Board gave approval for it. There are no modifications being made to the existing site. Mr. Dinklage asked how it happened that the unit was added without approval and how this can be prevented from happening again. Mr. Weith said the Assessing Department was aware of it, but the Planning Dept. was not. He was not sure there is communication between the two departments. Mr. Dinklage suggested establishing a policy so this does not happen again. The other members agreed. Mr. Crow moved that the Planning Commission approve the final plat application of Bob and Sally Torney to convert a 4-unit res- idential multi -family dwelling into a five unit multi -family dwelling, 14 Cottage Grove, as depicted on a plan entitled "Pro- erty Plan Robert & Sally Torney, So. Burlington, VT." prepared by Webster -Martin. Inc, dated October, 1978, with a stamped "received" date of Jun 3. 1996, with the following stipulations: 1. All previous approvals and stipulations which are not super- seded by this approval shall remain in effect. 2. The Commission grants a sewer allocation of 150 god for the additional dwelling unit. The applicant shall pay the per gallon fee prior to permit issuance. 3. Any change to the plat shall require approval by the South Burlington Planning Commission. 4. The final plat plan shall be recorded in the land records within 90 days or this approval is null and void. The plan shall_ be signed by the Planning Commission Chair or Clerk prior to re- cording. Mr. Dinklage seconded. Motion passed unanimously. 6. Preliminary Plat application of Homer & Marie Dubois to sub- divide a 32.89 acre parcel of land into 40 single family lots, Dubois Drive. This application represents Phase III of the planned residential development known as Ledgeknoll: fs j 3l (` W --leer Crzl,-J� �� rl ---------- -------------- - vii m I�G �n,ew�', it/ �� 8/13/96 MOTION OF APPROVAL ROBERT & SALLY TORNEY I move the South Burlington Planning Commission approve the final plat application of Bob and Sally Torney to convert a four ( 4 ) unit residential multi -family dwelling into a five (5) unit multi -family dwelling, 14 Cottage Grove, as depicted on a plan entitled "Property Plan Robert + Sally Torney, So. Burlington, VT.", prepared by Webster -Martin, Inc., dated October, 1978 with a stamped "received" date of June 3, 1996, with the following stipulations: 1. All previous approvals and stipulations which are not being superseded by this approval shall remain in effect. 2. The Commission grants a sewer allocation of 150 gpd for the additional dwelling unit. The applicant shall pay the per gallon fee prior to permit issuance. 3. Any change to the plat shall require approval by the South Burlington Planning Commission. 4. The final plat plan shall be recorded in the land records within 90 days or this approval is null and void. The plan shall be signed by the Planning Commission Chair or Clerk prior to recording. M E M O R A N D U M To: South Burlington Planning Commission From: Joe Weith, South Burlington City Planner Re: August 13, 1996 agenda items Date: August 9, 1996 4) SALLY & ROBERT TORNEY - ADD DWELLING UNIT - REVISED FINAL PLAT This project consists of adding one (1) dwelling unit to a four (4) unit multi -family dwelling. The fifth unit being requested was illegally added many years ago by a previous owner and it was recently discovered that approval was never obtained by the Commission. This request is to bring the property into compliance with the zoning regulations. The ZBA on 12/11/95 granted a variance for the fifth unit to exceed the density limitation. The sketch plan was reviewed on 5/28/96 (minutes enclosed). This property located at 14 Cottage Grove Avenue lies within the Cl and R4 Districts. It is bounded on the south by Cottage Grove Avenue, on the west and north by multi -family residences, and on the east by a single family residence. Access/circulation: Access is provided via a 37 foot curb cut on Cottage Grove Avenue. No changes proposed. Circulation is adequate. Coverage/setbacks: Building coverage is 15% (maximum allowed is -20%). Overall coverage is 47.6% (maximum allowed is 40%). This is an existing situation which will not be made worse by this application. The multi -family dwelling meets the setback requirements. The carport structure does not meet the rear setback requirement. This is an existing building which will not be altered by this application. Landscaping: There is no minimum landscaping requirement, based on building costs, for this project. The site is well landscaped and no additional landscaping is recommended. 1 Memorandum - Planning August 13, 1996 agenda items August 9, 1996 Page 2 Parking: A total of 11 spaces are required and 11 spaces including one (1) handicapped space are shown on the plan. Density: The maximum density permitted is two (2) units. The ZBA in the past and most recently on 12/11/95 granted variances to allow a greater density than permitted. Sewer: The sewer allocation requested is 150 gpd. The applicant will be required to pay the per gallon fee prior to permit issuance. 5) HOMER & MARIE DUBOIS - 42 LOT SUBDIVISION - PRELIMINARY PLAT This project consists of subdividing a 32.89 acre parcel into 42 lots (40 lots for development and two (2) open space lots). This would be a continuation of the 57 unit Ledgeknoll development approved on 5/29/84. The sketch plan was reviewed on 4/23/96 (minutes enclosed). This property located easterly of the Ledgeknoll development lies within the Southeast Quadrant District. It is bounded on the north by the recently approved 12 lot industrial subdivision owned by Summer Ice Joint Venture, on the east by undeveloped land owned by Green Acres, on the south by a residential lot and undeveloped land and on the west by a wetland area. Access: Access will be provided by extending Dubois Drive, a cul- de-sac street. This cul-de-sac street currently provides access to 52 dwelling units and this extension would add 40 more units for a total of 92 units. Section 401.1(7) of the subdivision regulations limits the number of units on a cul-de-sac to 50 units. This was an issue of concern expressed by the Commission at the sketch plan review. A second access should be provided. The applicant is proposing a 400 foot long median from the existing Dubois Drive turn -around to the start of the proposed "loop" road. This median does not negate the fact that 40 additional dwelling units would be added to a cul-de-sac street which already serves 50 units. A 60 foot r.o.w. is being reserved for possible future connection to development on the adjacent property to the east. Staff recommends that this 60 foot connection be relocated in the vicinity of lots #71 and 72 so as not to go through a wetland. K PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 August 9, 1996 Eugene J. Ward III, Esquire 3069 Williston Road South Burlington, Vermont 05403 Re: Add Dwelling Unit, 14 Cottage Grove Avenue Dear Mr. Ward: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Comments from City Engineer Bill Szymanski and Fire Chief Wally Possich were sent to you at an earlier date. Please be sure someone is present on Tuesday, August 13, 1996 at 7:30 P.M. to represent your request. If you have any questions, please give me a call. O-AFerel , Jo Weith, Ci y Planner JW/mcp Encls cc: Sally & Robert Torney No Text PLANNING COMMISSION 28 May 1996 The South Burlington Planning Commission held a meeting on Tuesday, 28 May 1996, at 7:30 pm, in the Conference Room, City Hall, 575 Dorset St. Members Present: William Burgess, Chair; Mac Teeson, Gayle Barone, Marcel Beaudin Also Present: Joe Weith, City Planner; Chip Ward, Robert Torney, Doug Isham, David Simendinger, Bill Simendinger, Robert Alexander, Deb Sachs, Dan O'Brien, Mike Lawrence, Roger Dickinson, Paul Stiman, Michael Dugan, Chuck Deslauriers, Charles Brush, Graham Goldsmith 1. Other Business: Mr. Burgess advised that at their last meeting the City Council passed the 1996 Comprehensive Plan. The Council felt that the question of "growth caps" should be discussed in detail beginning at the Planning Commission. 2. Review Minutes of 7 May and 14 May 1996: Mr. Teeson moved the Minutes of 7 May be approved as written. Ms. Barone seconded. Motion passed unanimously. Mr. Teeson moved the Minutes of 14 May be approved as written. Mr. Beaudin seconded. Motion passed unanimously. 3. Sketch Plan applicatiion of Sally and Robert Torney to add one dwelling unit to a four unit multi -family dwelling, 14 Cottage Grove Avenue: Mr. Torney and Mr. Ward presented the plan. The Commission felt that one additional parking space should be added for the additional dwelling unit. No other issues were raised. 4. Continued site plan application of Champlain Valley Sunoco to convert 175 sq. ft. of a service station with a car wash use to convenience store use, 1143 Williston Rd: Mr. Isham presented the plan. It was noted that parking spaces would have to be redrawn to meet the standard. The applicant will close the easterly Williston Rd. curb cut and will also provide access around the building. The applicant will also provide a stockade fence around the dumpster. CITY OF SOUTH BURLINGTON Subdivision /Applicattion - FINAL PLAT 1) Name of Applicant 6rwtl 2 ) Name of Subdivision 14 i,/t � (.age royt/ tAA. a u 't- 3) Indicate any change to name, address, or phone number of owner of record, applicant, contact person, engineer, surveyor, attorney or plat designer since preliminary plat application Qk,�ers C(lamad 319� M IC0 PkdgA. -h(c �✓gym �END�) iv Tor m e V - l7 �Qrle f ST CYT .► e Abu rnei ' M5 - 30/9 4) Indicate any changes to the subdivision, such as number of lots or units, property lines, applicant's legal interest in the property, or developmental timetable, since preliminary plat application: 5) Submit five copies and one reduced copy (11 x 17) of a final plat plus engineering drawings and c,ppntaining all information required under Section 202.1 6f the subdivision regulations for a minor subdivision and under Section 204.1(a) for a major subdivision. 6) Submit two draft copies of all legal documents required under Section 202.1 (11) and (12) of the subdivision regulations for a minor sudivision and under Section 204.1(b) fo a maglinqr ubdivision. Z�7 �o (Signature applicant r contact person Date PUBLIC HEARING SOUTH BURLINGTON PLANNING COMMISSION The South Burlington Planning Commission will hold a public hearing at the South Burlington City Hall, Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, August 13, 1996 at 7:30 P.M. to consider the following: 1) Preliminary plat application of Homer and Marie Dubois to subdivide a 32.89 acre parcel of land into 40 single family lots, Dubois Drive. This application represents Phase III of the planned residential development known as Ledgeknoll. 2) Final plat application of Bob and Sally Torney to convert a four (4) unit residential multi -family dwelling into a five (5) unit multi -family dwelling, 14 Cottage Grove. 3) Final plat application of Gary Farrell - Sheraton Inn to amend a planned unit development consisting of a 315 room hotel/conference center, Shearton Inn, 870 Williston Road. The amendment consists of 1) constructing a new drop-off canopy, 2) enclosing existing canopy for shops, and 3) site modifications. Copies of the applications are available for public inspection at the South Burlington City Hall. William Burgess Chairman, South Burlington Planning Commission July 27, 1996 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 July 30, 1996 Eugene J. Ward, III, Esquire 3069 Williston Road South Burlington, Vermont 05403 Re: Add Dwelling Unit, 14 Cottage Grove Avenue Dear Mr. Ward: ZONING ADMINISTRATOR 658-7958 Enclosed are preliminary comments on the above referenced projects from City Engineer Bill Szymanski, Fire Chief Wally Possich and myself. Please respond to these comments with additional information and/or revised plans, if appropriate, no later than Monday, August 5, 1996. If you have any questions, please give me a call. Sincerely, Raymond J. Belair, Zoning and Planning Assistant RJB/mcp Encls cc: Sally & Robert Torney M E M O R A N D U M To: Applicants/Project Files From: Raymond J. Bela ir;'%�oning and Planning Assistant Re: Preliminary Comments, August 13, 1996 agenda items Date: July 30, 1996 HOSPITALITY INNS, INC. - ADD RETAIL SHOPS - REVISED FINAL PLAT --- provide cut -sheets for the pole lights. --- will there be any new building mounted lights? If so, submit details and show locations on plan. --- provide estimated cost of building improvements. --- show all dumpsters, dumpsters should be screened. --- a bike rack should be provided as required under Section 26.253(b) of the zoning regulations. --- indicate total number of parking spaces required and total number of spaces available with the parking garage plan. SALLY & ROBERT TORNEY - ADD DWELLING UNIT - REVISED FINAL PLAT --- plan submitted is acceptable. GABE HANDY - 56 ROOM MOTEL - SITE PLAN --- the future access to the Merchants Bank property should be shifted to the north to eliminate the slight curve. --- indicate building coverage. --- the applicant should be aware that any roof top apparatus is included in the 35 foot height limitation. --- indicate the number of rooms with one (1) bed and number of rooms with two (2) beds (for sewer calculation). --- the plan should show a fence or other adequate screening devise along the rear property line. 1 M E M O R A N D U M To: South Burlington Planning Commission From: Wallace Possich, South Burlington Fire Chief Re: Plans Reviewed for August 13, 1996 Agenda Date: July 29, 1996 I have reviewed the listed site plans and my comments are as follows: 1) Ledge Knoll, Phase III Dated 6/4/96 Hinesburg Road Project No. 85083-53 An additional hydrant is needed at/near lot 28; otherwise, acceptable. 2) 14 Cottage Grove Dated 6/3/96 5th apartment Project No. 06-8847 Acceptable 3) New Motel Dated 6/5/96 White Street Project No. 9604 Acceptable 4) Gracies Store Addition Dated 6/3/96 Hinesburg Road Project No. 9607 Parking area indicated at front of addition will restrict emergency vehicle access between parking area and gas pump area; otherwise, the addition is acceptable. 5) Sheraton Inn Dated 5/30/96 Williston Road Project No. 95088-53 Acceptable M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, South Burlington City Engineer Re: August 13, 1996 Agenda Items Date: July 29, 1996 LEDGEKNOLL PHASE III - HINESBURG ROAD 1. The island between the cul-de-sac and the new development shall be at least 4 feet in width. The two foot width is to narrow for signs that have to be installed. 2. Footing drains should be equipped with back flow preventers especially those that connect to the street storm system. 3. Storm water detention basins shall be maintained by the Home Owners Association. 4. Telephone and electric lines should be installed outside of the street r.o.w. in an easement. 5. Trees must not be planted on top of utility lines especially water and sewer lines. 6. The large vacant land in the north-east corner should have a 60 foot r.o.w. to access it. SHERATON INN - WILLISTON ROAD 1. Site plan dated 4/29/96 prepared by Trudell Engineering is acceptable. NEW MOTEL (HANDY) - WHITE STREET 1. Site plan should include contour and elevations. 2. Surface drains shall include elevations and pipe sizes. 3. Site includes several mature trees they should be shown and which will be saved. TORNEY PROPERTY - COTTAGE GROVE AVENUE 1. Site plan received 5/20/96 is acceptable. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658.7955 June 27, 1996 Eugene J. Ward III, Esquire 3069 Williston Road South Burlington, Vermont 05403 Re: Add Dwelling Unit, 14 Cottage Grove Avenue Dear Mr. Ward: ZONING ADMINISTRATOR 658-7958 Enclosed is a copy of the May 28, 1996 Planning Commission meeting minutes. If you have any questions, please give me a call. Sincerely, L�V)' a � � oe Weith,''o'G City Planner JW/mcp 1 Encl cc: Sally & Robert Torney Ley 0,0 4Q- 1 s�N��.o CC" U-4Qe 4-e- tv zlam PV4� 4Z4��2 A"4�- M E M O R A N D U M To: South Burlington Planning Commission From: Joe Weith, South Burlington City Planner Re: May 28, 1996 Agenda Items Date: May 24, 1996 3) SALLY & ROBERT_TORNEY - ADD DWELLING UNIT - SKETCH PLAN This project consists of adding one (1) dwelling unit to a four ( 4 ) unit multi -family dwelling. The fifth unit requested was illegally added many years ago by a previous owner and it was recently discovered that approval was never obtained by the Commission. This request is to bring the property into compliance with the zoning regulations. The ZBA on 12/11/95 granted a variance for the fifth unit to exceed the density limitation. This property located at 14 Cottage Grove Avenue lies within he Cl nd R4 Districts. It is bounded on the south by Cottage Grove Avenue, on the west and north by multi -family residences, and on the east by a single family residence. Access/circulation: Access is provided via a 37 foot curb cut on Cottage Grove Avenue. No changes proposed. Circulation is adequate. Coveraqe/setbacks: Building and overall coverage information should be submitted with the revised final plat. The multi -family dwelling meets the setback requirements. The carport structure does not meet the rear setback requirement. Landscaping: There is no minimum landscaping requirement, based on building costs, for this project. The site is well landscaped and no additional landscaping is recommended. Parking: A total of 11 spaces are required and 10 spaces including, one (1) handicapped space are shown on the plan. The revised final' plat should include one (1) additional parking space. Density: The maximum density permitted is two (2) units. The ZBA in the past and most recently on 12/11/95 granted variances to allow a greater density than permitted. 1 Memorandum - Planning May 28, 1996 agenda items May 24, 1996 Page 2 Sewer: The applicant should indicate the number of bedrooms in the fifth unit in order to determine sewer allocation. 4) CHAMPLAIN VALLEY SUNOCO - ADD CONVENIENCE STORE USE - SITE PLAN This application was continued from the April 9, 1996 meeting (minutes enclosed) to provide the applicant the opportunity to propose traffic improvements and include information on the plan suggested in the staff memo. This project consists of converting 175 square feet of a service station with a car wash use to convenience store use. This property was last reviewed by the Commission on 4/13/82 (minutes enclosed). The ZBA granted the applicant a conditional use permit for the convenience store use on March 25, 1996. This property located at 1143 Williston Road lies within the Cl District. It is bounded on the east by Mary Street, on the west by Ramada Inn, on the south by a single family residence, and on the north by Williston Road. Access/circulation: Access is via two (2) curb cuts on Williston Road, a 40 foot curb cut on Mary Street, and a mutual access to the Ramada Inn property to the west. No changes proposed. Circulation is adequate. Coverage/setbacks: Building, overall and front yard coverage information was requested of the applicant but not submitted. No changes to coverage are being proposed. It does not appear that the building meets the front yard setback from Williston Road. The plan should include a scale. If the building does not meet the setback requirement, any alteration would be subject to Section 26.002 of the zoning regulations. Landscaping: There is no minimum landscaping requirement based on building costs for this project. The site is adequately landscaped so no additional landscaping is recommended. E City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 May 24, 1996 Eugene J. Ward III, Esquire 3069 Williston Road South Burlington, Vermont 05403 Re: Add Dwelling Unit, 14 Cottage Grove Avenue Dear Mr. Ward: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Comments from City Engineer Bill Szymanski and Fire Chief Wally Possich were sent to you at an earlier date. Please be sure someone is present on Tuesday, May 28, 1996 at 7:30 P.M. to represent your request. If you have any questions, please give me a call. S�ncprely, Job/ Weith, CiTv Planner JW/mcp Encls cc: Sally & Robert Torney ,-4�J '�� ), /6 FINDINGS OF FACT & DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, application of Merchants Bank to amend a previously approved site plan for bank with drive -through service. The amendment consists of site modifications to paved areas serving the drive -through service, 50 White Street. On the 7th day of May, 1996, the South Burlington Planning Commission approved the request of Merchants Bank for site plan review under Section 26.10 of the South Burlington Zoning Regulations based on the following findings: 1. This project consists of amending a previously approved site plan for a bank with drive -through service and revising the parking layout. 2. It was discovered that a portion of the drive -through lane encroaches onto the adjacent property (i.e., 12 White Street) . The applicant is proposing a boundary line adjustment to correct the situation. This boundary line adjustment requires only administrative approval, it does not require Planning Commission approval. Since the site plan for the Merchants Bank property is somewhat different from the original plan approved on 10/25/83, it requires Planning Commission approval to amend. 3. This property located at 50 White Street lies within the C1 District. It is bounded on the north by a residential/commercial complex, on the west by a single family dwelling (proposed to be developed with a motel) , on the east by a post office on the south by White Street. 4. Access/circulation: Access is provided by a 24 foot curb cut and a 47 foot curb cut on White Street. A 27 foot wide access to the post office also exists. No changes proposed to these accesses. Circulation is adequate. 5. Coverage/setbacks: Building coverage is 9.2% (maximum allowed is 30%) . Overall coverage is being reduced from 71.5% to 69% (maximum allowed is 70%) . Front yard coverage is 70% (maximum allowed is 30%) . This is an existing situation which will not be made worse by this application. 6. The existing bank building does not meet the front yard setback requirement and is therefore a noncomplying structure subject to the limitations of Section 26.002 of the zoning regulations. 7. Parking: A total of 14 parking spaces are required and 23 spaces including one (1) handicapped spaces are available. The revised parking lot layout meets the dimensional standards. Dear Mr. Belair, Enclosed are most of the items that were asked of us regarding the land and building at 14 Cottage Grove. Robert and Sally Torney, husband and wife are the current owners of the property and Chip Ward is our attorney representing us through this process.I have enclosed the most recent deed to this property. The names and addresses of the owners of the contiguous properties are as follows: 12 Cottage Grove - Bissonette 6 Stirrup Circle, Williston 16 Cottage Grove - Graham 16 Cottage Grove 15 Cottage Grove (across the street) - Chandler 15 Cottage Grove 125 White St. - Henry Darling Unit 1 Milton Lister Unit 2 Patterson Unit 3 133 White St. - Piche 17 Hillside Terrace, Shelburne I hope this information suffices and would be willing to supply anything else that might be needed about the property. ThIV You, c^ SaTo ey 03/15/96 12:37 a 80287922330 P.01 x r�rr�� s orVICE „ ..ccotve �9� atik Recorded in VoIZ�� on Of So, Burlington Land Records page. VERMONT WARRANTY DEED ttest; �e,�,�..�•+�u�► Margaret A. Picard, City Clerk " KNOW ALL PERSONS 13Y THESE PR$S%NTS that I, Daniel J. Mend.1, of Colchester in the County of ChiLLetidutt and State of Vermont, Grantor, in the consideration of One Dollar and for other good and valuable consideration paid to my full 8aL• i-csfaction by Robert F. Torney and Sally R. Torney, husband and wife, of ShelbUlrne in the Country of Chittenden and State of VeriltuilL, Grantees, by these presents, do freely Give, Grant, Sell, Convey & Conri x-IT1 unto the said Grantees Robert F. Torney and sally R. Torney, huaboad apd wife, by the entirety, and their heirs and assigns forever, any and all my interest in a certain piece of land in the City of South Burlington and the County of MI.LLandeix grid BLdGe of Vermont, described as followa, viz: A lot of land, with all buildings thereon, situated on the northerly side of Cottage Grove Avenue, the buildinU the commonly known and designated as No. 14 Cottage Grove Avenue and said lot having frontage thereon and a uniform depth of 180 feet:. Being all the same land and premises conveyed. to DMl Partnert5hi.p by QuiLulaiu► Deed. Uf Daniel E. Mendl and Daniel J. Mendl dated November G, 1907 and reuo.z-dud i-ti Volume 255 aL pages 153-4 of the Land Records of the City of South Burlington. Being all the same land and premises conveyed to Daniel J. Mendl by warranty Dead of Jec-.n M. Mendl duped Apx-11 20, 1995 and recorded irj Volum;: 375 -aL pages 248 249 of t-ho Land Mendl by warranty Deed of dean M. Mends. dtxL:ed April 20, 1995 and recorded ill Volume 375 UL Ya908 248 249 of the Land Records of the City of south Burlington. Reference is hereby made Lo Lhe aforementioned instruments and Land Records and to the ref crences contained therein and z'evorde Lhereof in further aid of this description. TO HAVE AND TO HOLD said UrIAKIted prettiiSes, with all the Rdst•Ir Fax Noll; 7871 ' Front 0c;"Pt. Co. Mono N Phono N Fax N Fax N 03/15/96 12:38 $ 80287922330 P.02 .+.' privileges and appurtenance t:hareof, to the said grantees, Robert• F. Torney and Melly R, Torney, husband and wife, by Lhe entirct-y, their heirs and assigns, to their own use and behoof forever And I, the said Grantor, Daniel a. Mend} for myself and my heirs, executors and administrators, do covenant with the maid Oxantees, Robert F. Torney and Sally R. Torney, their heirs and assigns, that. until the ensealing of these presents, I am the owner of the premises, and have good right and title to convey the same in itttAxIIAP,r aforcouid, Lbut they ore, FREE FROM EVERY ENCUMSRANCEi except for NONE. And I, the said Grantor hereby engage to WARRANT AND DEFEND the same against all lawful claims whatever, except as above stated. IN WITNESS WHEREOF, I, Daniel a. Mandl, hereunto set my hand and acal this __K_ day of March, A.D. 1990. ZN PRESENCE OF itnees I (Witness) STAVE OF VERMONT CHITTENDEN OOU'NTY, SS. AL. Goluhester this __L day of March, A.D. 1996, pezaonally appeared, Daniel a. Mendl, and acknowledged this instrument, by him sealed mrid subscribed, to bo his free act and deed. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658.7955 May 3, 1996 Eugene J. Ward, III, Esquire 3069 Williston Road South Burlington, Vermont 05403 Re: Add Dwelling Units, 14 Cottage Grove Avenue Dear Mr. Ward: ZONING ADMINISTRATOR 658-7958 Enclosed are preliminary comments on the above referenced project from City Engineer Bill Szymanski, Fire Chief Wally Possich and myself. Please respond to these comments with additional information and/or revised plans no later than Friday, May 17, 1996. If you have any questions, please give me a call. Sinc ely, R42n Z. BeAla ir, Zoning and Planning Assistant RJB/mcp Encls M E M O R A N D U M To: Applicants/Project F es From: Raymond J. Belair ning and Planning Assistant Re: Preliminary Comments, May 28, 1996 Date: May 3, 1996 SALLY & ROBERT TORNEY - ADD DWELLING UNIT - SKETCH PLAN The sketch plan must be revised to include the following information and the revised plan submitted by Friday, May 17, 1996. Unless the revised plans are received by this date, this item will be removed from the Planning Commission agenda. --- name and address of the owner of record and applicant. --- name of owners of record of contiguous properties. --- date, true north arrow and scale (numerical and graphic). --- type and location of existing and proposed restrictions on land, such as easements and covenants. --- type of, location, and size of existing and proposed structures, utilities, and open space. --- existing zoning boundaries. --- existing water courses, wetlands, floodplains, wooded areas, ledge outcrops, and other natural features. --- location map, showing relation of proposed subdivision to adjacent property and surrounding area. Other: Plan should also show the following information: --- existing and proposed parking spaces. --- driveway --- lawn and gravel/paved areas DAVID SIMENDINGER - CONVENIENCE STORE -SITE PLAN --- provide botanical names for the proposed plants and indicate size of crabapple trees. --- staff recommends that significantly more street trees (other than crabapple) be provided along the Airport Drive and Williston Road frontages. --- indicate location of nearest fire hydrant. --- indicate square footage of retail floor area. --- indicate type of screening to be used around dumpster. M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Engineer Re: Plans Reviewed for May 28, 1996 Agenda Items Date: May 3, 1996 CHATHAM GREEN - HINESBURG ROAD 1. Constructing carports on top of storm sewer lines is not acceptable. 2. The proposed sewer line serving the four buildings is a collector sewer and should be 8 inch. 3. A large portion of this land is a natural retention area for storm runoff. The area drains southwesterly toward Timber Lane. The high density of the development will add to the storm water runoff. The capacity of that system to handle this added runoff should be investigated. APARTMENT - 14 COTTAGE GROVE Plan should include title, sewer and water services, lot dimensions, plan scale. TIMBERLAKE ASSOCIATES - EXXON STATION - WILLISTON ROAD 1. Force main should run in the grassed area along Airport Drive not in the center of the street. 2. Site plan dated 4/15/96 is acceptable. COMMERCIAL BUILDING - 409 DORSET STREET 1. Sherry Road will have to be rebuilt. 2. The sidewalk along the north -south street should tie into the sidewalk along Sherry Road and be continuous across the parking lot entrances. 3. There should be a 5 foot grassed strip between the curb and sidewalk for snow storage and trees. M E M O R A N D U M To: South Burlington Planning Commission From: Wallace Possich, South Burlington Fire Chief Re: Plans Reviewed for May 28, 1996 Agenda Date: April 22, 1996 I have reviewed the following site plans and my comments are as follows: 1. 2. 3. Timberlake Associates (Convenience store) Williston Road Acceptable 14 Cottage Grove (Apartment Building) Acceptable Chatham Green Hinesburg Road Dated 4/8/96 Dated 4/12/96 Project No. 96150 Due to the somewhat congested appearance of the complex, absolutely no vehicle parking could be permitted in the access driveway areas. Any parking other than in designated lots would severely limit emergency vehicle access. All apartments should be sprinklered. Also I would prefer a secondary access into the complex. 4. 409 Dorset Street Dated 4/10/96 (Apartment building) Preliminary plan appears to be acceptable except for concerns with entrance access by fire apparatus. Circular drive will need to be adequate for emergency vehicles (i.e., width, turning radius, no parking, etc.). -- -- C-I� Exhibit A No Text 1) 2) 3) 4) CITY OF SOUTH BURLINGTON Subdivision Application - SKETCH PLAN Name, address, and phone number of: a. Owner of record Sally R. and Robert E. Torney 17 Dorset Street, Ext. Shelburne, VT 05482 b . Applicant Sally R. and Robert E. Torney ( q 35 - �00 17 Dorset Street, Ext., Shelburne, VT 05482 c . Contact Eugene J. Ward, III, Esq. 3069 Williston Road, South BUrlington, VT 05403 Purpose, location, and nature of subdivision or development, including number of lots, units, or parcels and proposed use(s). Approval for existing 5 unit multi -family dwelling converted from 3 units to 5 units in 1976 by prior owner. Applicant's legal interest in the property (fee simple, option, etc. Fee simple Names of owners of record of all contiguous properties See Exhibit C attached herein. 5) Type of existing or proposed encumbrances on property such as easements, covenants, leases, rights of way, etc. None 1 6) Proposed extension, relocation, or modification of municipal facilities such as sanitary sewer, water supply, streets, storm drainage, etc. None - approval for existing structure only 7) Describe any previous actions taken by the Zoning Board of Adjustment or by the South Burlington Planning Commission which affects the proposed subdivision, and include the dates of such actions: July 11, 1967 Board of Selectmen granted variance for multi unit; June 8, 1972 variance to increase density; December 11, 1995 Zoning Board granted 8) Submit five copies and one reduced copy (8J x 11, 8} x 14 or variance 11 x 17) of a Sketch plan showing the following information: for 5 unit. a) Name and address of the owner of record and applicant. b) Name of owners of record of contiguous properties. c) Date, true north arrow and scale (numerical and graphic). d) Boundaries and area of: 1) all contiguous land belonging to owner of record, and 2) proposed subdivision. e) Existing and proposed layout of property lines; type and location of existing and proposed restrictions on land, such as easements and covenants. f) Type of, location, and size of existing and proposed streets, structures, utilities, and open space. g) Existing zoning boundaries. h) Existing water courses, wetlands, floodplains, wooded areas, ledge outcrops, and other natural features. i) Location of existing septic systems and wells. j) Location map, showing relation of proposed subdivision to adjacent property and surrounding area. k) All applicable information required for a site plan, as provided in the South Burlington Zoning Regulations, shall be submitted for subdivisions involving a commercial or industrial complex, multi -family project, planned unit development, or planned residential development. (Signature) applicant or contact person Date Exhibit B EXHIBIT C - Greg Chandler Howard and Denise Wright Dwight and Jacqueline Bissonnette Ernest G. DuBois - Robert and Elizabeth Millette - Anthony Lafayette - Henry and Carmella Darling Karen Lister and Christian Nys Deborah Patterson Roland and Harriet Piche Mark and Manvela Graham EUGENE J. WARD, III GUY L. BABB MARIKATE E. KELLEY JOHN J. COTTER PARALEGAL: TINA MARIE B. WILES April 8, 1996 WARD KELLEY & BABB ATTORNEYS -AT -LAW 3069 WILLISTON ROAD SOUTH BURLINGTON, VERMONT05403-6030 Ray Belair Planning Administrator City of South Burlington 575 Dorset Street So. Burlington, VT 05403 (802)863-0307 TELEFAX 863-4587 RE: 14 Cottage Grove Owner - Sally & Robert Torne Subdivision Application - Sketch Plan Dear Ray: CLOSING COORDINATOR: JO RICHER ADMINISTRATIVE STAFF: NANCY A BRETT LYNN M. NIELSEN LORRAINE CHAPUT Enclosed please find a completed Application with exhibits, and seven (7) copies for submittal to the South Burlington Planning Board. I understand that there is no fee for this application. Reauest and Current Status The request is for permission to permanently establish a fifth dwelling unit in a Residential, four units per acre (R-4) zone. Since this is a five unit dwelling it appears to need a subdivision permit. History In June of 1967, there was a variance granted by the Zoning Board of c:L. us4[--ment to build a three (3) -1Init b —11ding on th.�S iOt. TiiC record shows there was a discussion on land area and square footage of the building and the Board felt the variance requirements were easily met with the land available. In June of 1972, the owner requested the Zoning Board of Adjustment issue a variance to convert the three (3) family unit to a four (4) family unit. The records reveal the Board found that it was a reasonable use of the structure and it would encompass no exterior changes. The Board further found the structure was originally designed for four (4) units. At that meeting the owner, Theresa Benoit, indicated to the Board she was going to complete the cellar and put in two (2) bedrooms for her sons, and there was a front entry and a cellar hatchway so there was no fire hazard. The Board unanimously approved the fourth unit and the additional basement/living area on condition the six (6) car parking area would be paved. At some time after the approval it would appear the owner established a fifth unit after her sons moved out in the "raised ranch style" first floor. The City tax assessor records seem to verify there was City knowledge of a residential fifth apartment as it has been Ray Belair Letter April 5, 1996 Page 2. taxed as a five unit. The purpose of this application is to seek the establishment for the fifth unit at 14 Cottage Grove, South Burlington, Vermont. Theresa McKenney Benoit, the applicant under the first two variance approvals conveyed the apartment house as a five (5) unit complex to Daniel Mendl in 1985. The property has been controlled by Mendl family members or their entities since that time. On December 11, 1995 the Zoning Board of Adjustment granted approval for the five unit dwelling. Since that time the property has been purchased by Robert and Sally Torney and then have learned that, a subdivision permit is required. If you have any questions or concerns, please do not hesitate to give me a call. Cordially, C Euge J. Ward, III, Esq. EJW/lmn Enclosures City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 December 13, 1995 Daniel J. Mendel P.O. Box 12 Colchester, Vermont 05446 Re: 14 Cottage Grove Avenue Dear Mr. Mendel: ZONING ADMINISTRATOR 658-7958 It has come to my attention that you recently were granted a variance to convert a four (4) unit multi -family dwelling to a five (5) unit multi -family dwelling at 14 Cottage Grove Avenue. Please be aware that approval for this additional dwelling unit will also be necessary from the Planning Commission. The reasons why approval from the Planning Commission are necessary are as follows: 1. Adding a dwelling unit is "land development" as that term is defined under Section 28.123 of the zoning regulations. 2. No "land development" may be commenced without a zoning permit (Section 27.10 of the zoning regulations). 3. The Planning Commission is required to approve a site plan prior to the issuance of a zoning permit for an expansion of use (Section 26.10 of the zoning regulations). 4. The definition of major subdivision includes multi -family housing (Section 103 of the subdivision regulations). For the above stated reasons, site plan approval and major subdivision approval are necessary from the Planning Commission before a zoning permit can be issued to add the fifth unit to the your property. Enclosed is a sketch plan review application which Mr. Daniel Mendl 14 Cottage Grove Avenue December 13, 1995 Page 2 should be submitted together with the sketch plan. This is the first step in the review process. Site plan review will automatically be incorporated as part of the subdivision review process. If you have any questions, please give me a call. Sin rely, Ra and J. Belair, Zoning and Planning Assistant RJB/mcp 1 Encl J ZONING BOARD OF ADJUSTMENT MEETING JUNE 7, 1972 The South Burlington Zoning Board of Adjustment held a public hearing at the South Burlington City Hall, Conference Room, 1175 Williston Road, South Burlington, Vermont on Wednesday, June 7, 1972. Richard A. Myette, Chairman, called the meeting to order at 7:30 p.m. MEMBERS PRESENT Richard A. Myette, Chairman; Robert M. Martineau, Frederick J. Fayette, Jr., David L. Cleary and a new member Mr. Sidney Poger who observed the meeting. OTHERS PRESENT $ichard Ward, Zoning Administrator; Lydia B. Lowell, Frank Mazur, Regina Sands, Samuel H. Rothman, Mimi Rothman, Theresa Benoit, V. A. Burrell, Mary Burrell, Frances Jacobs, H. Sheldon Jacobs, Foster Whitcomb, Luanne Whitcomb, Theresa Cross, Attorney John Fitzpatrick, Leo O'Connor, Free Press Reporter; and Jane Brown. APPEAL #1 OF THERESA BENO,IT Appeal of Theresa Benoit seeking a variance from Section 12.90, Non- conforming use of the South Burlington Zoning Ordinance. Request is for permission to convert the present three family unit into a four family unit, at 14 Cottage Grove Avenue. Mr. Ward explained that the tri-plex was constructed in 1968 and was in area zoned Residential District B. He also explained that the tri-plex was presently non -conforming and was originally planned to be a fourplex. The construction will be done inside the structure. The building permit issued at the time of construction was for a tri- plex. ZONING BOARD OF ADJUSTMENT MEETING JUNE 7. 19722. APPEAL OF_THERESA BENOIT, CONTINUED Mr. Myette asked the dimensions of the entire building. Mrs. Benoit said that it was 68' x 27'. Mrs. Benoit was asked the square footage of the apartment. She said they were all 918 square feet. Mrs. Benoit said they were going to put 2 bedrooms in the cellar for two of her sons. Mr. Martineau asked if there would be a paved parking area. Mrs. Benoit said that the drive and area to the rear of the building would be paved. Mr. Fayette asked the size of the parking lot. Mrs. Benoit said she wanted a 2 car driveway and that she presently has 6 cars. Mr. Cleary asked the ages of her children. Mrs. Benoit said they were 14, 17 and 21. He also asked about exits from the cellar. Mrs. Benoit said she has a front entry and a hatchway in the back so it would not be a fire hazard. No further support or opposition to the appeal. Board recessed for discussion. Board voted unanimously in favor of granting the variance with the stipulation that before completion of construction on the house the driveway and parking area be paved and have a minimum number of parking spaces which would be 6. lst finding - Reasonable use of structure, no exterior changes. 2nd finding - Structure originally designed for four units, under variance in 1968. * � w LOWELL Area zoned Residential District B. Section 6.21 Minimum frontage 100 feet. Lot in question recorded 1930. Presently located on lot is a camp 28' x 28' lot for camp is located on a town deeded road not accepted or maintained. Request is to construct a dwelling 28' x 62' using the 21 foot wide town road as a private drive. WHITCOMB Area is zoned Residential District B. Request is to operate a play school for about 15 children - ages 3-5. Play school will operate from a 241 x 30' room, not exterior additions. SLYVESTER Area in question is zoned Planned District and Residential District A. Frontage of parcel in question located in District A. Section 5.21 minimum frontage 150 feet. Request is to set-off a parcel of 18 acres with 60 feet of frontage and construct a single family unit. Request has received Planning Commission approval. BENOIT Area zoned Residential District B. Present tri-plex is non -conforming. Request is to alter interior of building and convert into four unit dwelling. Permission issued at the time of construction was for three units. June 1, 1972 ;,irs. Theresa Penoit 14 Cottage Grove Avenue South Burlinn;ton, VT 05401 Dear rZrs. Benoit: Be advised that the South Purlin}rton f;oning Foard of Adjust- ment will hold ra public hearinr-, at the City Hall, Conference Room, 1175 '.'illiston ]load on `)ednesday, , June, 7, 1972 at 7:30 p.m. to consider your request .for a variance. Please submit the amount of Please Ilan to R5,1/ j to this office the cost o" the hearing in thirty U30) dollars. attend. Very truly, Richard 'oar d ;zoning dministrator LOWELL Area zoned Residential District B. Section 6.21 Minimum frontage 100 feet. Lot in question recorded 1930. Presently located on lot is a camp 28' x 28'ed lot for camp is located on a town deeded road not acceptor maintained. Request is to construct a dwelling 28' x 62' using the 21 foot wide town road as a private drive._ WHITCOMB Area is zoned Residential District B. Request is to operate a play school for about 15 children - ages 3 - 5. Play school will operate from a 24' x 30' room, not exterior additions. SLYVESTER Area in question is zoned Planned District and Residential District A. Frontage of parcel in question located in District A. Section 5.21 minimum frontage 150 feet. Request is to set-off a parcel of 18 acres with 60 feet of frontage and construct a single family unit. Request has received Planning Commission approval. BENOIT Area zoned Residential District B. Present tri-plex is non -conforming. Request is to alter interior of building and convert into four unit dwelling. Permission issued at the time of construction was for three units. E Hearing Date Ad �� t. Dat( ,?c , .�,�.._�......•.,�..�...._.w..��.�...W...�_..�._.�,,... �;r :i. �� 6 days pr i o", to 1''Ceting a South Burlington Zoning Board of Adjus'mint South Burlington, Vermont Gentlemen: I hereby appeal to the Zoning Board of A6 justment for the following variance. I understand that regular meeting date; Ere the first and third '.;lednesdays of the rhonth at 7:30 p.m. at th= south Burlington City Offices, Conference Room, The legal advertisemenr shall appeal. as telol.a, and I agree to pay, either now or before the ad apnears, a `i'Ee of $`30.005 which fee is to off -set costs of holding said iieari_r, g. Signature and Address Date SOUTh BURLINGTON ZON1.N:z i•dOTICE The South Burlington Zoning Board of ..djustmont will bold a p,iblic hearing at the South Burlington City Offices; Conferee e Ro m, 1175 Williston Road1 �;outh Burlin tons Vermont on day o_f wE, e Z at Co'asider the follow .n,-: (mqEth and date) -- Appeal of _7__'01_ �-F',0 a- �- � seeltirzg a variance from Sections d _ - �s-y,H --�--_ of the nuM-1-be.r Ritic of sE.ctlon South Burlington Zoning Ordinance . Reques L is for permiss ion �tco G� �� (_� I - I ��.)-tnt „ l� ✓irC/VK,•'� Ir1..4K' � K.. CL•�. �'�I�/i^'!"t +l. �'u-•'ter 1 iu�� / � ..L.wi ��"_,.r � ZONING BOARD O' ADJUST,ENT June P 9 -1972 ;ors. Ther(,su ,,,nit v ol n u e t a Gyr i v e South T'urlington, 11T o54ol Penoit: Be a6viseo t, zt ) �'.),out�j jur !in, -ton Zoi-An,-, Board of ,,k0just_ t, st, Io cr,nvort your present dwell ins" into a "Our apartiaent coripie.,j. '.Miry sti,lalatoci ' �'arkin" ' III-io-4.;,U : 0" si, e pave,(I �,i jor t( r PICt.- on o!' yr)ur PI°OJE'Ot. The minimuri sizo pc-Jrkin,--, space used is 91 x JP, I a 101 1 201 sT)a(,e, , , we recommend A perrAt will Y'e issued upon your request, Very truly, 11:ichard i', ard �.oning "(J.miTjj,,tr%tor r Idl j cr�� NORTHWE-STERN VEMMONT BOARD OF REALTO;IS — MULTI -FAMILY soIAp;s. 5 14 Cottage Grove, So. Burl. PH'c,S 165,000 ML34 DkrxN��;a Williston Road to Cbttaze Grove aK:-irt. Nice 5-Plex in excellent neighborhoo:l _A:3x 13 Yes Lct Size F 12.5X180- a1-14 spa. z Roor,A2rioc S9- FL — --- T.P. 66x28 ca No PX 'It- e F- s► eat 20 years k''�' Zip, 3 1 ir+tt�� % 25,680 — at,ua= Toiai Rma.!?✓d;.:l 4/2 4/2 4L2 4 2 E;;, Actin_ _~r,�_�n r=nt.� � s 140 T o-3 YJa3= 3 U'II. Intl. Inc . H a : i;: r, LQ A;plIvicz+ Ran? Rz riperator 2,350 i L->>� tr:: , 9/85 7 /85 _ 8 /85 12I8Y� 7� 8i in T� ? s 491 _- ---- - �- - --- ---- -- --;TAut>b;a` a srno=3 587 -t-'1 — ar.nu-0j J — s Tenr,r.;a Ge f Lk Trono ---- - -= _ N�47ton / _ Tra:: �. > } A $�^=e"3-t2 �__.—_ KeILog 387 arnu�, Phone— HoFa SbZ Ca11 LA U-- _ _� Is- ------- Ydat-�..'Sa:� 3 460 --- _ i Roo. AS Fovr,d !ln.+a 206 Mas . SL , . AL To►.7'cx}r; zY S 7,206 mot- - -- ow?:- ..,(orris &_T"neresa McK enney -- — P;,.434-43 2- r�aon;�-g NO LoCentur� 21 �. F B Peal Estate, Inc. P;,.862-1313 o�r:-�.�Izi,..�_n�r.�'iny? - vA L. Mark Le4eillee _ Mz_658-6'375 * Apt_5 - Te:nant is _ _ s A o [,%--- cc4 001!�. D3=�,_3/6/87 j In'o.^n„1;�.: hvrxt;, 5 :r,Pr+TI Io �� s:.c_: •�:e. �vs v r-a� nr�i: �� LDS i"EO DANTE 11/6/84 001 B OKER NO. C. Enr,, tTIOH DATE 1 3/6/85 f--7 , A ,l*.lfi.,V 19 • is Lot IMP 19 85, A(; LAN.6 4,10 uu 480 -��.4,68U 3 3n4 76 46�A20` 777, 468420 9 "161-896" FMF—r--"M L34,-,rnn. Qyi4178. ,.. C+, Y�, TOYALT`�`t� 17 ',inn 2c;`Win 8QQ v1ml,•,'y, '.a, , e:, h••:'.rt;:,,,, ;Yl�r•i':iA Cy,;rr,; t ,.' ;v„w, ; i� ' a. t r ' , . , • +. ' 1�?� ' f 1. . - TRANSFER RECORD' , 4t.NN c IND ICA T ED .DOOK,L,DATE- GRANTOR GRANTEE I1R.S. 4kl; RICE 211 a 5- - McKennev Ta—rria Mandl Danfial 0 ME 2 9 5 Alin nM&pjrEygqblp XQD -f2y Qhg k;J Z Z taA�I�V+- 2 -177L-r797-- OT--6-6--921 i lend I Transrs i 47-20-95".y,Mendl Jean M GENERALINFORM'ATIO'NMendl- Daniel-J, 'Trans Trans Lo a" IMPROVEMENTS ZONING NEIGHBORHOOD UT141TIES (IMPROVED 'ST, RESIDENTIAL ACCESSIBILITY WATER VS'IDEWALK"'�'r BUSINESS IMPROVING SEWER INDUSTRIAL STATIC ELECTRICITY UNRESTRICTED DECLINING GAS f`AjI(IN'GrPRICE ,SALES PRICE" 11 5 DATESOLDI":' 1 ?I T1 J.J�CANCY�!, ',IMPROVEMENTS SINCE" PURCHASE' USE OF LAND TOPOGRAPHY OiOl DENT I A LEVEL I......... t'COMMERCIAL'A,'-VS ROLLING MNDUSTRIAL:,"�14$441-�-'P•F"'"-d'' ABOVE GRADE 0 r rl F A R M BELOW GRADE 0 !20 DLAND-1 STREET GRADE gm 01 LOT IMPROVEMENTS LAND VALUE COMPUTATIONS, CLASSIFICATION NO. ACRES UNIT VALUE CROP LAND PASTURE a ?24 BLUEBERRY n ORCHARD did 1, BRUSH WASTE WOODED URBAN LAND COMPUTATIONS LOT SIZE EFFECTIVE 1; FRONTAGE UNIT PRICE TRI % LAND FACTORS COR. OR kLLEY INF. LOT DEP, FT. FT. PRICE LOT I M PVTS. FRONT REAR DEPTH Zz-,/ 3,). 200— -�O-1 :ye 0 --LT f TOTAL VALUE LAND REMARKS 6 U61 0 7 Q -.� of I I X 0 tA T. _ TYPE t T. SF S TYPE NT. SF LOCATION. 14 Cottano Grove/ REMARKS- FOUNDATION - j.• . EXCAVATION .. •••- i S BASMT. FLOOR ) r 1., r t_ f , J SF FLOOR JOISTS SUPPORTS �� d RNIOGI• It1'ON �RS. -' CT ' � ;s►AM Fi !" ?� f, EYTERIOR WALLS i 7 x000 SR ,SIOINO c:r A ,RICK x:00 METAL cA[tC- .A'111 "IF STORK c slocl OAiCA FLAT ASPISISH CUSPO. STONE VLPOO SR 0. 0 DATE OF INSPECTION LAY / EXTLAION TRIM - - SCALE 1 INCH ) FEET ROOF CONSTRUCTION - . L . _ }.. .-r_ _1_ .•--� ._ ... 4.... _...._.. 1. r ;. ......_: 1 .�. ,_... _.r _� _ ..___ • ••• •--•^ I ,._.1,. r.:..•+...L. (+ ...: , ..-., .. r. " ,_,I _ G•P_. , ;-: I I _,"�, - `I If4r. WALLS 0 PARTITIONS '• I _ '� ►IA STt1 DRY WALL w000 INTERIOR TRIM v50FT w000 HAND WOOD MITAL CEILINGS /LASTIO COM►O. MITAL 1' 1• HARDWARE Aj 1 TOTAL CONST. U'41TS DESIGN .,�.._�.-:._'I ..f.�--....._...T4�r- .y... _ .L- _ - -t...t....I....-�'� • -;- _�-.L._i_ _T__.--f. I i .L.w• .--"-•�..�--•^•'Y" '__.. '.-/l• i^L... .. ._1••y.-_�._F.. •.—_�� -•i.,_t_.--1..�..1. _ _L.....J_...-�...:_L_`-'-t- -, ''--1�-II` 7-!--J-' -.' 'r•--�-r- .��_ ��-��"•�--I_J'-Iy( -+-•�--I r 1 T-"^"•"I I �_ . _ti._1_�.,�_. _ -,' r==p►= .;-L L_ _'1 y/. I~ j -. -I-1- I _ r I l..i_ 1`, _TI--{.�1}..}-- 7 ._}_ L-}-�t I r_Y•T._.�._}-._'•_r j!��-T.-�_.a-' '-'--'1'I'• r-I �� i• _ -.�. �4 =�� _1= I�• _ i ._L. -' .� -} i _ 1 - - ..l_ I - - "• .' y .! -t" } t - � - � C ! r ? - 7.7 TOTAL UNITS : �.' W u u C -K f O zJ S. F. �.�• r �n 1 S. F. S�n C �/ Z S. F. C. O 4 S. F. FINISHED FLOORS '� r I HARD OOD LINOLEUM TILE ! I' SOFT WOOD ASPHALT' ELECTRICAL WIRING G 5 r AVERAGE OUTLETS MORE THAN AVERAGE LESS THAN. AVERAGE ' HEATING TT► ) VJ FIR .0 Y NUMXER STY. �I ATTIC _ STAIRS FLOOR FIN. ROOMS KITCHEN SU►ERIOR ABOVE AV . AVG. BELOW AVG. �OQ HOT WATER �. ELEC. GAS, IL, FURNACE. RANG GAL .� .• SINK LAVATORY FLUSH L! 9ATH TU 1 t�• 1 F �� C � 2 f� O C STALL SHOWER SHOP/ER HEAD URINAL SET TUBS DISH WASHER G. DISPOSAL HAND PUMP ►R. PUMP - - - - - UNDERGROUND PLUMBING 1- FIRE/LACE SINGLE _j___ SAME STACK CHIMNEY 1II-•- -�-'' - i— _f - - —}— __ - _ _ - __- - - _ _ - - ROOF ADDITIONS SINGLE DORMERS ♦- L} DOUBLE DORMERS SHED DORMERS L.F. INSULATION MISCELLANEOUS % ;- WALLS ^ -j ROOF I/(! 9 T;i ?Zm-Ir 821 y'4.OS i 3:iO8 FFECTIVE AGE YRS ADJUSTMENTSTV REMAINING [CON. LIFE YRS DEPRECIATION UNFINISHED CREDIT !' ESTIMAT[D REPRODUCTION COST NEW �• f PHYSICAL DETERIORATION IOFUNCTIONAI -OBSOLESCENCE •6 f _ - 1L f- - j- ECONOMIC OBSOLESCENCE (l % S _ TOTAL DEPRECIATION /Q % TOTAL 3 0 ESTIMATED DEPRECIATED COST MISCELLANEOUS BUILDINGS ESTIMATED VALUE OF LAND BUILDING STY. FD. IXT. WALLS ROOF TYPE ROOF COV. FLOORS INT. FIN. SIZE AREA UNIT EXTRAS COST NEW DE/R. P.D.IOBS. x X Y Y INUICAILD VALUE BY COST APPROACH AS OF 19 TWT 4YI Friot*d —h p rrnjs. oI J.rom. Kno+•I.., Jr .nd A..oc,.r.r, A{pr.,l.r..nd Col-11. ., Nprh..rr July 17, 1967 Mr. Edmund J. Benoit, Jr. 125 White Street South Burlington, Vlrmont Dear Mr. Benoit: This is to notify you that the Board Nina at their meeting held July 11, 1967 gave their appryour variance request subject to the s latioa division of the lot be recorded in the t rdsordanee with minimum lot requirements note in the minutes of the Zoning Board minutes of e 21, 67. The Zoning Board also stipulated a final fro e fi e of 127 feet and a depth of 200 feet. HL/h Vely yours, enry LeClair Town Manager t June 26, 1967 Mr. Wight H. Davis 20 Cottage Grove Avenue South Burlington, Vermont 05401 Dear Mr. Davis: In 1960 Cottage Grove Avenue was toned R as of a 1956 revision in the Zoning Ordinance. At that time dential was a single district in itself, and the 1964 the was re- zoned, and this area became Reside al Residential B area as establish did n alter the characteristics of the neighborhood to any degre bu fact upgraded the restric- tions. It did however state that -family use would be allowed. Early this year we noti dra c es taking place in multi- family construction du rimaril to t sewer system being installed, and where 12,000 aqua feet was quired per family in unsewered areas, the sewered are require ,500 square feet per family. Recognizing these chang the d of Selectmen restricted Residen- tial II use to p�j--ar two s only. A week ago tkde wner o the last remaining undeveloped piece of land on the west of Co ageGrove Avenue requested a variance from this to const a t e family dwelling. The Zoning Board of Adjustment ged t request. Since this is a Use Variance it will become neceshe Hoard of Selectmen also to sanction its approval at its Ju y 11, 1967 meeting. I understand that the owner intends to live in the building. You ask if changed, by whose application and on what date. The informat on is as Follows: Mr. Edmund J. Beniot, Jr., 125 White Street, 18uth Burlington, Vermont sent in a request for a variance by letter dated June 13, 1967. The appeal was advertised in the Burlington Free Press on June 15, 1967 and the Zoning Board of Adjust- ment gave their approval at a regular meeting held on Wednesday, June 219 1967• Very truly yours, LIh Henry LeClair, Town Manager 20 Cottage Grove Avenue South Burlington, Vermont 05401 June 26, 1967 South Burlington Zoning Board Dorset St. South Burlington, Vt. Dear Sirs: Kindly advise the zoning classification of the above street as of June 1, 1960 and type of new construction allowable at the time. Also, the present classification and construction permissible. If changed, by whose application and date. Thanking you for your reply and service, I am, Yours very truly, I-t/o I /V /'// &' 4� WD:hs cc L.D.L., Jr. Wight H. Davis d Yzl<-� �-/ A 7 So. Burlington, Vt. June 13, 1967 Mr. Henry LeClair Town Manager Town of Sn. Burlington, Vt. Dear Sir: Attacr,ed please find a diagram of Ry building lot located at #14 Cottage Grove Ave., So. Burlington with the outline of TV proposed building. I am planning to build a three apartment house (wood construction) two stories, the lower level to be used by myself and family, the upper level to consist of two (2) four (4) room apartments. It is my understanding that in order for me to secure a building permit for this building I must first be granted a zoning variance. Pierfore I would like to formally request a variance from the zoning Board of Appeals. Also enclosed please find check in the amount of $30.00 to be used for advertising my request of variance. Thank ,you. Sincerely, MR. EDMUND J. BENOIT, JR. 125.White St. So. Burlington, Vt. eL '7 IV, I,— I MtL June 15, 1967 Mr. Edmund J. Benoit, Jr. 125 White Street South Burlington, Vermont Dear Mr. Benoit: This is to notify you that the South Bur n Zoning Board of Adjustment will hold a blic hearin n the basement meeting room of the T ice Build g, 555 Dorset Street on Wednesday, J 21, 967 at 7:30 P.M. to consider your request fo vari e. Please plan to attend the r HL/h t ,F. truly yours, LeClair Manager ' � r June 14, 1967 Burlington Pros Press Association College Street Burlington, Vermont 05401 Gentlemen: Will you please insert the follow Display form in your issue of T4 legal no a in Classified Icy, June 1 1967? SOUTH BURLINOM LEGAL )NOTICE Thb South Rurlington Zoning r 'pf Adjustment will hold a ( public hearing at the Town Of ,'Building, 555 Dorset Street, South Burlington, Y We sday, June 21, 1967 at 7:30 P.M. to aonsi the wow 1. Appeal of Rd," Section 6.10 (Use 1 three family dwell z w J. Beno , Jr. seeking a variance from ulatio Request is bo c3onstruot a nt 1 ottage Grove Avenue. Albert I. Reynolds, Chairman Zoning Board of Adjustment Please send bill and two tear sheets to this office. Very truly yours, Henry LeClair .� HL/h Town Manager A Mr. Edmund J. Benoit, Jr. 125 White Street South Burlington, Vermont Dear Mr. Benoit: This is to notify you that has favored your request wi of 3.27' X 200' depth for th Not recognized at the time wa: use variance and th;�;l r is required. This be regular meeting to�^e held J of w HL/h June 23, 1967 Xnin and of Adjustment pprovt3klsubject to a set-off ree fiefiirtment dwelling. Ki fact that this is a proval by the selectmen e of at their next 11, 1967. ery truly yours, Henry LeClair Town Manager