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Home My WebLink AboutBATCH - Supplemental - 0028 Dawn CourtNo Text May 9, 1985 Board of Adjustment City of South Burlington 575 Dorset Street South Burlington, Vermont 05401 Dear Mmes/Sirs: On April 17, 1985 the property of Donald and Eleanor Lavalette, 32 Dawn Court, South Burlington, was acquired by the airport through a voluntary sale and purchase. Your land records (Volume 154 Pages 14, 15) show a variance granted to place a mobile hone on the Lavalette property to be used as a dwelling for their daughter, Carol Bean, and her husband and family. The variance stipulates that the mobile home must be moved off the land within 30 days of a sale of the property. The Lavalettes and the airport respectfully and jointly request the Board of Adjustment hold this 30-day stipulation in abeyance. This will give the Beans time to relocate and move their personal property. We do not anticipate their move will be later than the end of September, 1985. The airport will make all reasonable efforts within its area of respon- sibility to assist in the prompt removal of the mobile hone in order to abide by the intent and spirit of the original variance. May we assume, if we do not hear otherwise from you, that this is acceptable arrangement? With sincere thanks for your kind consideration, we are: r Donald W. Lavalette Eleanor Lavalette Walter E. Hought n 32 Dawn Court 32 Dawn Court Director of Aviation May 14, 1985 Mr. Donald Lavalette 32 Dawn Court South Burlington, Vermont 05401 Dear Don: The Zoning Board of Adjustment has granted approval of your re- quest to extend the removal of the mobile home from yourprop�erty on Dawn Court to no later than September 30, 1985. If you have any questions please don't hesitate to call me. Very truly, Richard Ward, Zoning Administrative Officer SPOKES 8 OBUCHOWSKI ATTORNEYS AT LAW P. O. BOX 232S SOUTH BURLINGTON, VERMONT 05402 RICHARD A SPOKES 1775 WILLISTON ROAD JOSEPH F OBUCHOWSKI July 12, 1979 TELEPHONE (802)863-2857 Mr. Richard Ward Zoning Administrator City of South Burlington 1175 Williston Road South Burlington, Vermont 05401 Re: Lavalette/City of South Burlington Agreement Dear Dick: Enclosed please find a proposed Agreement for the Lavalette mobile home situation. If you feel the Agreement is in order, both copies should be signed by the Lavalettes in the presence of two witnesses who must sign to the left of their signatures. They must also acknowledge their signatures before a notary public. The Agreement should also be signed by Bill in behalf of the City with two witnesses and an acknowledgement. The Zoning Board of Adjustment should authorize Bill to sign this agreement by a formal resolution incorporated in the minutes of a meeting. One signed agreement should be given to the Lavalettes and the other signed agreement should be recorded in the City Clerk's office. I must point out as I have done previously that there is absolutely no legal basis for this type of variance. A variance is land related, and not person related. Although, the results may be harsh at times, the Zoning Board is exceeding its legal authority by granting a variance of this nature. Very truly yours, Q (Z Richard A. Spokes RAS/tb Enclosures AGREEMENT AGREEMENT made this / 3 day of July, 1979 by and between DONALD AND ELEANOR LAVALETTE of South Burlington, Vermont (hereinafter referred to as LAVALETTES) and THE CITY OF SOUTH BURLINGTON acting by and through its Zoning Board of Adjustment (hereinafter referred to as CITY). WITNESSETH: WHEREAS, LAVALETTES applied to the CITY for a variance to locate a mobile home on their property located at 28 Dawn Court, South Burlington, Vermont; and WHEREAS, the basis of the LAVALETTES' request is to permit their daughter's family to reside in South Burlington; and WHEREAS, the CITY is willing to grant the variance provided that the variance terminates when the LAVALETTES daughter's family no longer resides in the mobile home; and WHEREAS, LAVALETTES are willing to accept a condition to the granting of the variance that the mobile home will be removed from their property once it is no longer occupied by their daughter's family or the LAVALETTES transfer ownership of the property, whichever occurs first in time. NOW THEREFORE, in consideration of the mutual covenants herein contained, it is agreed by the parties as follows: SPOKES & OBUGHOWSKI ATTORNEYS AT LAW SOUTH BURLINGTON. VERMONT -1- SPOKES & OBUCHOWSKI ATTORNEYS AT LAW SOUTH BURLINGTON. VERMONT 1. THAT the CITY confirms its Zoning Board of Adjustment granted a variance to LAVALETTES as set forth in the Decision and Findings of Fact filed with the City Clerk on 2. THAT LAVALETTES covenant and agree to terminate the occupancy of said mobile home and remove the same from the premises upon termination of occupancy by their daughter's family or upon transfer of ownership of the premises, whichever occurs first in time. 3. THAT LAVALETTES shall cause the mobile home to be removed from their premises within one month of termination of occupancy by their daughter's family or transfer of ownership of the LAVALETTES' premises, whichever occurs first in time. 4. THAT each day the mobile home remains on the LAVALETTE premises at the expiration of one month as hereinabove set forth it will be deemed to -constitute a separate violation of the Zoning Board of Adjustment's approval and the zoning permit granted pursuant thereto. 5. THAT LAVALETTES expressly consent that the CITY may seek injunctive relief to have the mobile home removed, monetary damages for each day of violation, and any other remedy provided by law in the event the LAVALETTES violate the terms of this agreement or the Zoning Board of Adjustment's approval or the zoning permit issued thereto. -2- SPOKES & OBUCHOWSKI ATTORNEYS AT LAW SOUTH EURLINOTON, VERMONT 6. THAT this Agreement shall be binding upon the heirs, successors and assigns of the parties. Dated at South Burlington on the date first above written. PRESENCEIN THE STATE OF VERMONT CHITTENDEN COUNTY, SS. Lz.e 1"t. Q04'C2*-' Dona d Lavalette Eleanor Lavalette THE CITY OF SOUTH BURLINGTON BY Duly Aut on d Agent At South Burlington this /3 day of July, 1979 Donald and Eleanor Lavalette personally appeared, and they acknowledged this instrument by them sealed and subscribed to be their free act and deed. Before me, 4E�� Notary Public STATE OF VERMONT CHITTENDEN COUNTY, SS. At South Burlington this IZ- day of July, 1979 William Szymanski, duly authorized agent of The City of South Burlington personally appeared, and he acknowledged this instrument by him sealed and subscribed, to be his free act and deed and the free act and deed of The City of South Burlington. Before me, Notary Public -3- BURLINGTON INTERNATIONAL AIRPORTOb Thomas W. Schmidt, A.A.E. # Post Office Box 2302 DIRECTOR OF AVIATION South Burlington, Vermont 05401 802/863-2874 d June 19, 1979 Mr. Robert M. Martineau, Chairman South Burlington Zoning Board of Adjustment City of South Burlington 1175 Williston Road South Burlington, Vermont 05401 Re: Appeal of Donald and Elenor Lavalette Dear Mr. Martineau: Reference is made to the forthcoming appeal of Donald and Elenor Lavalette, seeking a variance from Section 9.00, Permitted Uses of the South Burlington Zoning Regulations, to place a mobile home on a lot at 28 Dawn Court. The Board of Airport Commissioners of the City of Burlington wishes to go on record as being strongly opposed to the granting of a variance in the aforementioned appeal. Our reasons for our position are as follows: 1. The basic intent of the South Burlington Master Plan with regard to Section 9.00, was to preserve the land in the zone for airport uses. The airport is growing rapidly and our needs in the future will require utilization of additional lands within the Airport Industrial Zone. 2. The area in question is noise impacted. Permitting further residential use within the zone would only add to the problem. Consideration of our position on this matter by the Board of Adjustment would be greatly appreciated. Yours very truly, BOARD OF AIRPORT CO ONERS Thomas W. Schmidt, A.A.E. TWS:kag Director of Aviation/Clerk ;r } DATE a - 6 - 7 `7 JOB , � I I i I ) I I I - I LiLl 1 I I i I I 1 I I I I , i I i ! l i l I I I I j I j I I June 11, 1979 Mr. Donald Lavalette 32 Dawn Court South Burlington, VT 05401 Dear Mr. Lavalettes Be advised that the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington City Hill Conference Room, 1175 v,illiston Road on Monday, June 25, 1979 at 5:00 P.M. to consider your request for a zoning variance. Please plan to attend this hearing. Very truly, Richare 'Ward, Zoning ;%eministrative Cfricer R- :/mcg Thomas W. Schmidt, A.A.E. DIRECTOR OF AVIATION BURLINGTON INTERNATIONAL AIRPORT Post Office Box 2302 South Burlington, Vermont 05401 802/863-2874 June 19, 1979 Mr. Robert M. Martineau, Chairman South Burlington Zoning Board of Adjustment City of South Burlington 1175 Williston Road South Burlington, Vermont 05401 Re: Appeal of Donald and Elenor Lavalette Dear Mr. Martineau: Reference is made to the forthcoming appeal of Donald and Elenor Lavalette, seeking a variance from Section 9.00, Permitted Uses of the South Burlington Zoning Regulations, to place a mobile home on a lot at 28 Dawn Court. The Board of Airport Commissioners of the City of Burlington wishes to go on record as being strongly opposed to the granting of a variance in the aforementioned appeal. Our reasons for our position are as follows: 1. The basic intent of the South Burlington Master Plan with regard to Section 9.00, was to preserve the land in the zone for airport uses. The airport is growing rapidly and our needs in the future will require utilization of additional lands within the Airport Industrial Zone. 2. The area in question is noise impacted. Permitting further residential use within the zone would only add to the problem. Consideration of our position on this matter by the Board of Adjustment would be greatly appreciated. Yours very truly, -7 BOARD OF AIRPORT COMMIS 70NERS Thomas W. Schmidt, A.A.E. Director of Aviation/Clerk TWS:kag NOTICE OF APPEAL SOUTH BURLINGTON ZONING BOARD OF ADJUSTMENT I hereby appeal to the Zoning Board of Adjustment for the following: conditional use, variance, decision of administrative officer. Property Owner Property location & description' Variance of Section (number) (title of section Basis of appeal I understand the regular meetings are held twice a month on Monday at 5:00 p.m. at the City Hall, Conference Room. The legal advertise- ment must appear in the Burlington Free Press a minimum of fifteen (15) days before the bearing, I agree to pay a fee of $30.00 which fee is to off -set the costs of advertising and the bearing. Hearing Date Signature of Appe lant ------------------------------------------------------------------------- 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 City Offices, Conference Room, 1175 Williston Road, South Burlington, Vermont on , at to consider the (day of week (rdontb and date) (time) following: : / Appeal of `7 seeking k,. A A,� . e. -(c .'f ti from Section -�' ') of the South Burlington Zoning Regulations. Request is for permission to.,,t-iAY'-!' 70 s LAVALETTE, Donald & Eleanor 32 Dawn Court Area zoned "Airport District" Section 14.107 Outside storage in connection with a permitted use. Section 19.65 Multiple use (a) existing single-family dwelling (b) parking lot for 106 spaces Lot 2.25 + acres Minimum lot size for district 40,000 square feet Vv l f if oCZ"OIV' 0 0 n' Z O F1i F"3 0 r» F✓ Ct Ct CD W :4 P d Cn,nN ct (D 'O (D O O W 11 F--' I FFJ- tO (D P- Cd t::j �:s PI (D ct • FJ G) (A P. F'- (A (D 0 fv Gq O b F—J ¢. O ct Imo- Ct 11 1-4 (D �-j • N O .14 ct A) N ct Ct N O 'd O'0 ti �j F-i o H- (D 10;�sv o Gq (D CD (D P.Ct � N �3' O F--' F-J• r: O 0 FS Ct .3' Z E4 SOUTH WRLINGTON zoNlNo Nona In «cordwtce with the South burlinaton Zoning R. and phut 117, itle 24� eM South �� Zonieg Roord of Ad�trahnent w)R hold a up blcnhuar;ng at the South &W. RnWp►t�o MutxcWei OW. Cam fer«rce Room." . 67S porryN on m SHOO P.M. to, consider follo w- ing, Y IthAppoal of Donald and,Elsa- ka- Section 9 165 oval, uses of *0 South -gurlitnuft, Mons.Reciuea bfor o corratrucf a .commercial ,pWkin lot (106 spaces) f 'In• corark!nnq with an exah'ep s�tq�� "Ath o , kxoted at �2 Dft l M2 1 of Gory Johnson, dance. oOent seeka va- Secaon 1 �. Di- munsionol requwemerns of the South South Isfareg� Regulations. Re- pennission to convert a single-farnily dwelling unit into a duplex on'a lot approxknotdy 900 square' feet less than Mre minimum required 12,000 square Feet, located at 66 sarren Street. „ . y , , , M3 Appeal of Frank Coto seek; q a variance, from Section 9.10 pennined uses, 16.00 dimensio. nal requiremenh and 19.65 nul. Mple uses of the South Burlington 'R;saki to construct � l buildings on lot for use as a 1) s shed, and 21 a 2-story nn buildin for commercial use and c residential aPammon, located at 397 ►atchen Pad. 04 Appeal of George and Deb I Molls seek, nngg a vanonce, from Section 19.00, Non-tonio—ina use and structuna extension 61 Mte Sovth andsRegulations. is for Pe—ission to con. tnx at15 i20 anached'goroge to a dwelling which is non -con. fomang to Mre m;nmum dimen. sional requiriments, located at 37 Greening Avenue. , Richard word, Zoning Administrative Officer February 23, 1985 February 25, 1985 Mr. Donald Lavallette 32 Dawn Court South Burlington, Vermont 05401 Dear Don: Be advised that the South Burlington Zoning Board of Adjustment will hold a public hearing at the City Hall Conference Room, 575 Dorset Street on Monday, March 11, 1985 at 5:00 P.M. to consider your request for a zoning variance. Please plan to attend. Very truly, Jane S . Bechtel, Acting Zoning Administaative Officer JSB/mcg I NO'rIC;E OF APPEAL SOUTH BURLINGTON ZONING BOARD OF ADJUSTMENT Name, address and telephone # of applicant Name, address of property owner j G /�,��/Z� 6.7- ✓�r L '' Property location and description _5 f /L J e-� I hereby appeal to the Zoning Board of Adjustment for the following: conditional use, variance or decision of the administrative officer. I understand the meetings are held twice a month (second and fourth Mondays). The legal advertisement must appear a minimum of fifteen (15) days before the hearing. I agree to pay the hearing fee of $30.00 which is to off -set the cost of the hearing. ti. xte /Hearing Date S'gnature of Appellant Z_� 2�1 Do not write below this line SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 117, Title 24 V.S.A. the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington Municipal Offices, Conference Room 575 Dorset Street,•South Burlington, Vermont on irn day of w k month and date time ' to consider the following: Appeal of seeking K_ %_V7'p,ro from Section �► �, �,, � ' ~ � �{� of the South Burlington Regulations. Request is for permission to 41�O �t1c 4x- M11'�tiA 1�'+lS JGW'+ 4L,r..("...P K'.,7"" %4 j J C� { v M•°� • r� �^ �.•� v�.�' 7 -„ L r-r 1 , �V-t RY-IkClk-zt�-� nn � j O.0 �, i �J C�� f`e r V�-f�, — Ct-�-q\Q, a Ct �- - �a� V�E 1,Y)1 \,3 � y f" c 4 0 x \ "o N I N Ni \ y ce k , ----- ---r -J ` '00/ • \fi3z � •I b \ T 4-O ' r sbo' DONA.LD L�ANOR, L AVAL� T T �S PLAN Or A FPO1OSED PARKING LOT L-GCA7ICD G1,1 3:>P-,V4N GOO RT MAY Ia, •I C- T. • DONALD CLEANOP VAL - 'ETTE"'-s -LA P-�MED'-- -A -KIN -P'R -6' iLOT LOCArED OW-MiAVAW -C-OUP.T -MAY /S., 684- 6 1.0— s/ ,f 0 to —.► I z10 DONALD & __ELEANO f._ LAVAL-ETT� �S P__LAN_ _0-_ .A._.P20pDS�D__PAEZ►{IN d t.OT LOGATE.D ON DAWN GOVR.T 4MAY. /S, /984- rI L