HomeMy WebLinkAboutCU-86-0000 - Decision - 0059 Swift StreetIRELAND, STUART
2 Pheasant Way
Area R-1 District
Section 18.00 Dimensional requirements
Minimum lot 1 acre with 120 foot frontage
Existing lot 1.3 acres with 360 foot frontage
Proposed subdivision - parcel 1- 35,000 square feet with 210 feet
frontage, parcel 2 - 24,130 square feet with 150 foot frontage.
October 10, 1986
To: South Burlington Planning Commission
From: Adjacent/Ad3oining Homeowners to Stu Ireland, 2 Pheasant
Way, South Burlington, Vt.
Re: Proposed variance to subdivide single family lot into two
lots.
The undersigned homeowners would like to formally oppose the
proposed subdivision of Stu Irelands homesite into two lots.
First of all, all homeowners at Meadowood at Spear upon purchase
of a home were given Protective Covenants that were binding on
the parties. A major Covenant, Number 2, was that " NO LOT WILL
BE SUBDIVIDED FOR SALE OR OTHER PURPOSE". These Covenants were a
major reason for purchasing homes in this neighborhood. A second
reason for our opposition is that the home in question is in a
R-1 Zone and the homesite in question has only 1.3 acres in total
size. This is far too small to subdivide and to maintain the
the present character of the surrounding homes, all of which have
over 1 acre per home.
Please consider these statements carefully and deny the
variance to the subdivision of 2 Pheasant Way.
Pathoney. 4 Pheasant Way
Charles Smitt /6' Pheasant A�ay
Robert Vinson, 8 Pheasant Way
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Ron ishop, 10 Phe ant Way
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PROTECTIVE COVENANTS
MEADOWOOD AT SPEAR
The following covenants, agreements and restrictions are
hereby made applicable to building lots numbered 1 through
41, in the real estate development known as MEADOWOOD AT SPEAR
in the City of South Burlington, County of Chittenden, State
of.Vermont; said lots being depicted on the Plan entitled,
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"MEADOWOOD at Spear Subdivision Plat, South Burlington, Vermont"
dated by Trudell Engineering Associates,
Inc.
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1. Each lot will be used only for residential purposes
and no structure of a temporary nature, including, but not
limited to trailers, basements, tents, shacks, garages, barns,
or other out -buildings, will be used in any lot at any time
for residential purposes.
2. No lot will be subdivided for sale or other purpose.
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3. No building, fence, wall, or other structure will be
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commenced, erected, maintained or placed on any lot, nor will
any addition or alteration be made in changing the architectural
design of the premises, until plans and specifications showing
the nature, kind, shape, height, materials, floor plan, location
and approximate cost thereof, and the grading plan of the lot to
be built upon, will be submitted for approval in writing to an
Architectural Control Committee and approved. The Architectural
Control Committee will consist of the following three members:
Stuart D. Ireland
Margaret Ireland
Robert M. Foley
The Architectural Control Committee will have the right to
refuse to approve any such plans, specifications, or grading
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plans, which, in their opinion, do not conform with the provi-
sions or the intent of this instrument. It shall have the
further right, in passing upon such plans, to consider the
continuity of the proposed building, fence, wall, or other
structure with adjacent or neighboring property, and the
materials of which it is to be constructed.
A majority of the Committee may designate a representative
to act for it. In the event of the death or resignation of
any member of the Committee, the remaining members will have
full authority to designate a successor. Neither the members
of the Committee, nor its designated representative, will be
entitled to any compensation for the services performed pur-
suant to this covenant.
Upon completion of construction of single family dwellings I
on ninety (90%) percent of the lots in MEADOWOOD at Spear, a I
majority of the then recorded owners of the majority of the
lots will have the power, through a duly recorded instrument,
to change the membership of the Committee or to withdraw from
the Committee, or restore to it any powers and duties.
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The Committee's approval or disapproval, as required in
these covenants, will be in writing. In the event the Committee,i
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or its designated representative, fails to approve or disapprove
within thirty (30) days after plans and specifications have
been submitted to it, approval will not be required and the
related covenants will be deemed to have been fully complied
with.
4. No dwelling will be permitted on any lot at a cost
of less than Sixty Thousand ($60,000.00) Dollars, based upon
the Engineering News Record Building Cost Index of 1350 pre-
vailing on the date of application*to the Architectural Control
Committee; it being the intention and purpose of this covenant_
to assure that all buildings will be of a quality of workman-
ship and material substantially the same or better to those
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which can be produced on the date these covenants are recorded.
5. No dwelling will be erected, maintained or placed
on any lot having a ground floor area of less than seventeen
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hundred square feet (1,700 sq. ft.), exclusive of one story
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open porches and garages, for a one story dwelling, or less
II than two thousand square feet (2,000 sq, ft.) for a two story
dwelling.
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6. No building will be erected, maintained, or placed
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on any lot: other than one detached single family dwelling unit,
not exceeding two and one-half (2 1/2) stories in height and
having a private garage for not more than three (3) automo-
biles, nor will any addition or alteration be made changing
the architectural design of the structure on any lot except as
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heretofore specified.
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7. Anii.-als, livestock or poultry of any kind will not be
raised, bred :)r kept on these premises except that dogs, cats
or other household pets may be kept, provided that they are
I� not kept, bred or maintained for commercial purposes.
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8. No noxious or offensive activity of any nature,
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l including burnLng of any kind, will be carried on upon any
�I lot, nor shall anything be done thereon or permitted to be !
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done thereon, which will be an annoyance or nuisance to the �
neighborhood.
9. Only one unregistered vehicle will be permitted per
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lot.
'! 10. A Homeowners Association will be formed after the
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I sale of the tenth (loth) lot by Ireland Industries, Inc.
Membership of ::aid Association will be the new property
owners, their heirs and assigns, in MEADOWOOD at Spear.
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The Homeowners Association will be financially responsible
for the "Neighborhood Park" located westerly of the Quail
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ALL -EN I Run Cul-de-sac and for the maintenance of the subsoil drainage
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j system, the ro;,ds within MEADOWOOD at Spear and the security
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system, all as installed by Ireland Industries, Inc.
The Homeowners Association will have the right to levy
a proportionate charge on its members, based on the number
of individual lots owned, to finance the above -described
responsibilities.
11. Purchasers of said lots, their heirs and assigns,
will have a right of way over streets laid out within
MEADOWOOD at Spear until such streets are accepted by the City
of South Burlington as public streets.
12. These covenants are to run with the land and shall
be binding on the parties claiming under them for a period
of twenty (20) years from the date of execution. They shall
therefore be binding on the parties claiming under them for a
period of twenty (20) years from the date of execution. They
shall be extended for an additional ten ("'_0) year period, u-:zless
the majority of the then owners of the lets agree by signed
and recorded instrument to revoke, changa or modify said
covenants in whole or in part.
13. Enforcement of these covenant.,; will be by proceedings
at law or equity against any person or':3ersons violating or
attempting to violate same and the remedy will be to restrain
said violation or to recover damages or both.
14. Invalidation of any one of these covenants or court
order shall in no way effect any of the other provisions,
which shall remain in full force and ef'-ect.
Dated at Burlington, County of Chi�:tenden and State of
Vermont this 25th day of May, 1977.
IRELAND INDUSTRIES, INC.
,1 Y: By:
tuart D . Ire land,President
and Agert Duly Authorized.
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I
�Y
October 6, 1986
Mr. Stuart Ireland
2 Pheasant Way
South Burlington, Vermont 05403
Re: Zoning hearing
Dear Mr. Ireland:
Be advised that the South Burlington Zoning Board of Adjustment
will hold a public hearing at the Municipal Offices, Conference
Room, 575 Dorset Street on Monday, October 20, 1986 at 7:00 P.M.
to consider your request for a zoning variance.
Please plan to attend this hearing.
Very truly,
Richard Ward,
Zoning Administrative Officer
RW/mcp
SOUTH Bl1RLINGTOP.
ZONING NOTICE
In accordance with the South
Burlington Zoning Regulations
and Chapter 117, Tide 24 V.S.A.
the South Burlington Zoning
Board of Adjustment will hold a
rublic hearing at the South Bur-
lington Municipal Offices, Con-
ference Room, 575 Dorset
I Street, South Burlington, Vermont
on Monday, October 20, 1986,
to 7:00 P.M. to consider the
following;
M I Appeal of Wickes Lumber
Company, Mark 8e0ul0c seekingg
a variance from Section 19.00
Non -complying structure subsec-
tion 19.002 alternations of the
South Burlington Regulations. Re-
quest is for permission to con-
struct a 30' x 125' addition and
remodel the interior of the exist-
'ng storage -retail area, on a lot
which is in excess of the allowa-
ble lot coverage, at 1825 Shel-
burne Rood.
N2 Appeal of William and Gail
Lang seeking a variance from
Section 6.10, Permitted uses of
the South Burlington Regulations.
Request is for permission to con-
struct a 30' x 40' garage -shop
and operate a construction bus,-
ness in con action with a singgle-
family dwelling, located at 1675
Dorset Street.
M3 Appeal of Stuart and Marga-
ret Ireland seeking a variance
from Section 18.00, Dimensional
requirements of the South
Bur-lington Regulations. Request is
for permission to subdivide an
existing 1.3 acre lot into two
bts, parcel I containing 35,000
square feet and parcel 2 con-
taining 24, 130 square feet, lo-
coted a 2 Pheasant Way.
M4 Appeal of Raymond Ploof
seeking a variance from Section
9A ,Permitted uses of the South
Burlington Regulations. Request is
For permission to convert a sin-
91e-family dwelling into a profes-
sional office use, on a lot
containing 11,250 square feet,
located at 2001 Willliiston Road.
45 Appeal
Icis Lawson
seeking a vorian0ceu from Section
19.00, Non -conforming uses sub-
section 19.003 extension & Sec-
tion 19.65 Multiple uses of the
South Burlington Regulations. Re-
quest is for permission to occupy
on existing single-family dwelling
as a residential use and a retail
soles and service business, lo-
cated at 3062 Williston Rood.
06 Appeal of Mark Wood seek -
I variance from Section
119.00, Non-comforming use,
sub -section 19.003 extension of
the South Burlington Regulations.
Request is for permission to op-
erate a fast food restaurant,
maximum of 15 seats in conjunc-
tion with an existing catering -
food delivery business, located
at 65 Paschen Road.
Richard Ward
Zoning Administrative Officer
j October 4, 1986
NOTICE OF APPEAL
SOUTH BURLINGTON ZONING BOARD OF ADJUSTMENT
Name, address and telephone # of applicant r
(V 04 le 67P A P E _L -L,)-') 10 P J9.
Name, address of property owner
d S72/411' . ' U if & 6 S 01 •J T {'V A< -
Property location and description L 'Z J rfU_Sy9.--)T /0/9-r/ .� C4r-
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. i
!'�4
Hearing Date Signature of Appellant
Do not write below this line
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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 at
(day of week) (month and date) time
to consider the following: / s
Appeal o f
3 seeking a // from Section l �j . C7 U �Lyrt.l.✓. Win,.
of the South
Burlington Regulations. Request is for permission to�_�
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