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Home My WebLink AboutBATCH - Supplemental - 0009 Deane StreetESTABROOK-BROWN, lly � :e 9 Deane Street Area zoned R-4 District Section 9.10 Permitted uses - prohibits commercial uses Existin- use sin'sie-Family d,aellin--' (30.5 x 33.5) Proposed, conve--t and, area in. basement, 9' _� i0l into beauty salon, i City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 October 19, 1988 Kelly 1~stabrook-Brown 9 Deana Street South Burlington, \ er'mont U:540 i Dear Kelly: ZONING ADMINISTRATOR 658-7958 This letter wi11 con l'irm our eonversaLion regarding the findings of fact, and decision of the Zoning Board of Adjustment. The Boar•ci by voice %ot.e denred your appeal from a decision of this off' ice . Due to Lhe fact Lha L no cr•i Leria is setfor•th under Section 4.468 o[' I he \ermonl Planning and Development the procedure does not a ballot Lvpt vote. Enclosed is a copy of the Cr-om LhaL riweLm-a. 1 1' voic h.i\ e an. cicletit i ons p i F,ase don't, hesi t,ate to call_ me. leI'ti truiv, h' r ch;c t'd 1v<ird , i.r nrii, admrnitil r'al.t%e c)ffiuf« r ii, h/m( '' � � -: :. ' /'1 \ J . . � . / .!v / ' / / t "I - � MCNEIL, MURRAY & SORRELL, INC. ATTORNEYS AT LAW 271 SOUTH UNION STREET BURLINGTON, VERMONT 05401 TELEPHONE (802) 863-4531 JOSEPH C. McNEIL (1919-1978) JOSEPH E. McNEIL FRANCIS X. MURRAY WILLIAM H. SORRELL OF COUNSEL JOHN T. LEDDY ARTHUR W CERNOSIA NANCY GOSS SHEAHAN STEVEN F. STITZEL PATTI R. PAGE* (*ALSO ADMITTED IN N.Y ) September 12, 1988 Richard Ward Zoning Administrator City of South Burlington Offices South Burlington, VT 05403 Re: Beauty Parlors as Home Occupations Dear Dick: You have asked whether a beauty parlor located in a residence in South Burlington can qualify as a home occupation within the meaning of South Burlington Zoning Regulations. For the reasons set forth below, it is my opinion that this type of use cannot normally qualify as a home occupation. Home occupations are addressed in Section 19.40 of the South Burlington Zoning Regulations. This section authorizes a resident "to use a minor portion of a dwelling for an occupation which is customary in residential areas and which does not change the character thereof". This provision is similar to provisions used to regulate home occupations in zoning regulations nation wide. In applying such provisions courts have almost uniformly held that a beauty parlor is not a use which is "customary and residential areas", see Anderson, American Law of Zonina, Section 13.15 (3d Edition, 1986); Williams, American Land Planning Law, Section 74.34 (1975) and Rathkopf, The Law of Zoning and Planning, Section 23.05[5A] (1988). Very truly yours, 7 Steven F. St' 1 SFS/kb M E M O R A N D U M To: South Burlington Zoning Board of Adjustment From: William J. Szymanski, City Manager `V S Re: Appeals No. 3 & 4 (Sheil & Kelly Estabrook-Brown) Date: September 12, 1988 The City Council at their August 29, 1988 meeting expressed their concern regarding businesses in a residential neighborhood. They thought that a use variance should be sought instead of permission as a home occupation. 1 PLANNER 658.7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 August 25, 1988 Kelly Estabrook-Brown 9 Deane Street South Burlington, Vermont 05403 Re: Home occupation permit Dear Ms. Estabrook-Brown: ZONING ADMINISTRATOR 658-7958 Your request for a home occupation permit allowing you to open a beauty salon must be denied. It is my opinion that your request does not comply with Section 19.40 of the City's Zoning Regulations. The use as proposed is not considered as an occupancy which is customary in a residential area and which does not change the character thereof. It is my understanding that you wish to appeal this decision. Be advised that I have scheduled your request before the Zoning Board of Adjustment for Monday, September 12, 1988 at 7:00 P.M. If you have any questions pertaining to this matter please don't hesitate to call me. Very truly, Richard Ward, Zoning Administrative Officer RW/mcp SOUTH GURUNGTON ZONING NOTICE in accordance with the South Burlington Zoning Reeggulations and Chapter 117 Title 24 V.S.A. the South p Z Board arf Adw+f OnImmhold a ° South rjinnKpgffoonn N(unicipal Offices, Canference Room, 575 Dorset Street, South 5urlington, Vermont on Monday, September 12, 19" at 7:00 P.M. to con- sider tM foNowing: To" 1. Doyle Synonnt � ng ppprovjbaalll, from Section 3.20 Conditional uses, sub sec- tion 3.201 outdoor recrt ational facility of the South Burlington Regulotsans. Re - guest is for permission to construct an openplay OMO day in conju K*m with care, facility, located whhin a space part el an a parof kind off stream 1QuaM iM Road. 02. Apped of Rene and Undo lohrpe seekcing a va- riance; from Section 11.1C 1'ermitted use and Multiple use Of � 9 South R bons. Request is for perews sion to 'construct a 3 ' x 45 addition to on existing struc ture occup ing said odditrou as a reside tid unit, locates at 1234 Williston Road. N3 Appkation Of Christ" SFnY questing on appec from aision of the Ad res Wative Officer. Reques is for permission to operas a beauty salon as a hom occupation, located at Clover Street. 04. Application of Kelly E! tabrook-Browntin an appeal from a decsisk of the Administrative OR cer. Request is far perau *ion to opera» a bsaW salon as a home ocarpatla located at 9 Deane Street. Richard Wa Zoning Administroth Offio August 27, 1988 No Text (Please print or type; TRADENAME : Business location: Date business began: Nature of Business: CDt517164 3 /0", N S Name and residences of all individuals, co-partners, members or corporate name and address: (attach list if you need additional space) Please list mailing address if different than residence! Name Street Town State & Zip PROCESS AGENT: If you are a non-resident doing business in Vermont, you must appoint a VERMONT individual or corporation to act as your process agent. (rvamc) katrect) (Mown) (State & 7.i PLEASE NOTE: 1. The purpose of the registration law is to provide a means whereby the public can know who is responsible for a business. Be sure to notify this office whenever there is a change of address or a change in ownership. 2. No person can acquire exclusive rights to generic or geographic words. 3. Mail original registration to Secretary of State with $20.00 filing fee. 4. Two validated copies will be mailed to you. Keep one for your records. Mail one to your Town Clerk with $6.00 fee. This registration is valid for ten years. I certify that the information /stated above by me is true and accurate. Signature: �� 7�'�1;)�J—'�%�)alrti— Date: —� I applicyt siAatpre Before notary public signature date coriimission expires FEE: $20.00 1 For Office Use: Checked by Approved by Do Not Fill In u Res f License N'o. Date Issued VERMONT STATE BOARD OF COSMETOLOGY Pavilion Office Building Fee Paid Montpelier, VT 05602 802-828-2363 APPLICATION FOR REGISTRATION OF COSMETOLOGY SHOP This application must be correctly filled out and all questions must be answered (please print). The application must be accompanied by a fee of Twenty -Eight Dollars , Send a check or money order with this application. ($28.00). I. I hereby make application for registration of',a Cosmetolo is and will, at all times while under my oi%nership, be opera�dsinpcompliance owith they laws of the State of Vermont and the rules and regulations as adopted by the State Board of Cosmetology. 2. 6'0/ AR%Ms ' Name 4av1u r/In V i— Z'LoZq(,�Iailing f1 r ss (Ph,umber 3. L S ae Sho Name) (l%I,iiling Ad rsa-rn 4. eP\e— r Manager's Name If Other 7 an v«,ier) (Shop Location 5 • License Number of D�lanager 2` i � _F-,•piration Date _J=A��g 6. Is the business a: Corporation Partnership Individual 00%nership 7. List below the name(s) of the: Corporate Officers, Partners, or Individual &,ner lu rs�brc�K- I��ccJn 8• Tentative date of opening: �cc�C 30 nff AFFIDAVIT I hereby attest, under penalty of perjury, that the information stated by me in this application is true and accurate to the best of my lajolvle(lge, -3 ( aturc of icant) (Dae YOU MUST SUBMIT a ROUGH D1%FT OR BLUE PRINT OF YOUR SALON, , 0 L1i: �IV.LLR TI i-1N' 3 X 5 hI EN' IOU RETURN YOUR �WPLIG� TION AND FEE, PLLISL• INDICITE TI IE Ol N AN'D FULL SHOP .KkNIE ON BLUE PRINT.ER 2 A 7r 3 V V ��i41d n f �ruorsn( f'»d dN�' l �7U Cj � nfrance- 0 I ILI ❑ ❑ u CI lJ � Q I� L �Yo oS ed r'om vv1 S J'r melon ]BQc4-1 s of Douse, No Text qb x 021 VP�vf�ESSlon/�J -aquV)�u 3 July 27, 1988 Fred Blais, Chairman South Burlington Zoning Board South Burlington City Clerk's Office 575 Dorset Street South Burlington, VT 05403 Dear Chairman Blais: Please find enclosed my request to operate a one chair beauty salon in my home located at 9 Deane Street, South Burlington, Vermont. Although I am required to obtain a variance from the South Burlington Zoning Ordinance, it is my feeling that one should be granted for the following reasons: 1. The South Burlington Zoning Ordinance allows for certain home occupations without a variance. A home occupation is defined as a one person operation such as real estate or insurance agents using one room out of their home. I feel that my request could easily be treated as a "home occupation" since I will be the only person working and will use only one room of my home. 2. Also, the use being requested will not alter the essential character of my neighborhood. As indicated above, I will be the only person working in the salon. It will be a one chair operation and be open only 4 to 5 hours per week. As a result, any increase in traffic or other effect on the neighborhood should be negligible. 3. I will be requested by State law to meet all safety requirements and to install the proper plumbing, etc. My business will require a very limited increase in water use, if any, and should not really affect the level of any city services. 4. Finally, I am not aware of any opposition to my request by my neighbors, nor do I anticipate any. My primary reason for this request is to allow me to contribute to the family income while avoiding the high cost of child care and allowing me to be with my family. I appreciate your time and I am available to discuss the matter further with you. Sincerely, 5/4 C?cCx-- 162c2V✓L- Kelly stabrook-Brown Enclosure PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 August 8, 1988 Mrs.Kelly Estabrook-Brown 9 Deane Street South Burlington, Vermont 05403 Re: Zoning appeal Dear Mrs. Estabrook-Brown: ZONING ADMINISTRATOR 658-7958 Be advised that the South Burlington Zoning Board of Adjustment will hold a public hearing at the City Offices, Conference Room, 575 Dorset Street on Monday, August 22, 1988 at 7:00 P.M. to consider your zoning application. Please plan to attend this hearing. Very truly, Richard Ward, Zoning Administrative Officer RW/mcp 1 Encl SOUTH SURUNOTON ZONING NOTlcs In accordance with the RSou�tha Burlington Zoning 117, TGIe and 24 V.3A. i Chapw Board �ternK wi s wit t�h..rMmS et'� s, R�ocom, 7S Dorset Sheet, South eeyy Vermamt on fallowi Mommday�Arugua 22, 1988, at nal to consWer the 0 1 Appeal of Frank Faris seklno variance from .00 Dimensional _ "=. South is for pennlltslan to construct a 16' x 22' addi- tion (bedroom and enclosed pof nthe eorthedy siach) to within six (e yor�d, at 19 Duchess Avenue. 02 Appeal of wa« ag a -king �`- cval ftrom Section 9. aend'itiord uses " sechon 9.201 and sub section 9.202 day core of the SoBurlington Regulations. w to W afopermissionatkwd aad- ditions (approximately 2400 square feet) to the existing MW M3 A�upeeml of James LaMant seeking a varianu from of this ==RRegulalior .' Re• quest Is for '•emission to construct a 2 x 38' addF tgkomr and 22' x 25' anted to Malik feef°°of. 19 rear yo d to cabal at 495 Spear Street. ESM 04 rows seeking a vari Gnu fromn Section 9.1( hnmQMed uses of the Soud Re quest isnfor permission t a sales �o � 9' m (lsk 64a��dw•Rkq, at 1 Deane Sheet. MS Appeal of Thomas and Nancy Tavares seeking a variant• from Section 16.00 Dimethe South Burlington Regula- lions. Request is for permis- sion to construct a detached 22' x 24' gorag� to within six (6) feet-°( the + A-dy side yard, at M Shunpike Road. LEGAL NOTICES 1 p*41 with a maximum of kYr- worehouse/contractor f�• uses on a lot con- t�oitYrp 41,000 squ— feet kmxt•d at lot 17, Ethan Al- len Drive. 07 Appeal of R.P.M. Devel- opment, Caul Marquis, agent '••king a v 1.503 from Section 11.503 Flamed Commercial Devel- opment are dimensional g=nts fNle South is. Re- quest is for pmsslon to construct a commercial on a lot containing SS acres with 337 feet, also opp Val under Section 12.b02 Conditional — (proposed building 27,700 square feet) maximum of nine uses, such as �mpgwa e- cats 90�oad., an►ra Brown ppd' lie 'Zak :..khq 19pon 65 val from sSe of the Regulo- s ns. R�siuefor permis- sion to occupy an existing 52,000 square foot building for warehousing,e�man- ufacturing,and sales andof- wF rit °andV�wv7l 1891patton R� 09 Appeal of Christine Shell seeking a variance from Section 19.10 Permitted uses of the South Burlington Regulations. Request for to operate a 'akin (area approxi- moby 13' x 15'1 in conjw!c- clan with a single-family dwelling, at 9 Clover Street. Richard Ward Zoning Administrative er August 6, 1968 06 Apppeaall of furyseekinRion+ Non 14.63 °MulVal plf w.'� Of the south Burlington Regula- tions. Request is for permis- sion to construct a 9000 square foot structure, occu- Continued rase Column i City of Sk-1h Burlington Application to Board of Adjustment Date Applicant P1�` E�+�t�rao�- �3coww Address 9 Dea.ne Sf , leasee, agent So Telephone #_ '�b2.-4( 2_y APPLICATION # �� ,97 HEARING DATE ,5� FILING DATE FEE AMOUNT Landowner 54"r, Address Sfhne_ Tel # Location and description of property 9 Deane Street, South Burlington, Vermont Type 16'f application (check one ( ) appeal from decision of Administrative Officb ( ) request for a conditional use ( *-�) request for a variance. I.undi:rstand the presentation procedures required by State Law {Section 4468 of the Planning & Development Act). Also that hearings are held twice a month'•,'(second and fourth Mondays). That a legal advertisment must appear a minimum of fifteen (15) days prior to the hearing. I agree to pay a hearing fee which is to off-seX the cost of the hearing. Proviisions of zoning ordinance in question Reason for appeal _ for permission to operate a one chair beauty salon The ,owner or applicant should submit along with this apfllirat;nn (8 conies) plans, eiw_a_t ions, , landscaping diggraams ( drawn to -scale) traffic data and any other 'additional information which will serve as support evidence to the Board. Hearing Date 5� ture of Appellant g ppellant ---- 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",toning Board of Adjustment will hold a public hearing at the South Burlington --Municipal Offices, Conference Room, i 575 Dorset Street, South Aurlington;Vdkmon-t on (Day of week) at to consider the following: r , (month and date) a > it APpeal of r ey r `V seeking a �f'�1 1.1 L.ct=+ ..� C,- from Section f , / r..� .r� rlc.�l� �.�.,� �✓ Time of the South Burlington'Regu�ations. Request is for permission to City of South Burlington ,Application to Board of Adjustment Official Use APPLICATION # HEARING DATE r Date Applicant Owner, leasee, agent Address Telephone # Landowner Location and description of property FILING DATE FEE AMOUNT Address Type of application check one ( ) appeal from decision of Administrative Officer( )request for a conditional use ( ) request for a variance. I understand the presentation procedures required by State Law (Section 4468 of the Planning & Development Act). Also that hearings are held twice a^ month (second and fourth Mondays). That a legal 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 Reason for appeal ' The owner or applicant should submit along with this application (8 copies) plans, elevations, landscaping diagrams (drawn to scale) traffic data and any other additional information which will serve as support evidence to the Board. Hearing Date Signature of Appellant Do not write below this line ----------------------------------------------------------------------------- �_ SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 117, Title 24, V.S.A. the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlingotn Municipal Offices, Conference Room, 575 Dorset Street, South Burlington, Vermont on Day of Week at to consider the following% Month and Date Time A v Appeal of (��1 ? ��:f t - - -1 -': o --44"+e-South Burlington-Regiala- ns. Request is for permission to � v _'1