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HomeMy WebLinkAboutVR-78-0000 - Supplemental - 0064 Hadley RoadIONING NOTICE in occorconce wifn the South Bur. Ilington Zoning Regulations and Chanter 117, Title 24 V.S.A. the South Burlington Zoning Board of Adlust- meet will holi+•'o public hearing of the South Burllnoton•Cltla Offices, Conference Room, 1175 Williston Road, South 'Burlington, Vermont on Monday, September IL 1978, at S:OD - p.m. to consider the following: 'F 1. Appeal of Mobil Oil Corpo- ration, Terry Spillane seeking a vai i- once, from Section 11.15, Multiple - uses of the South Burlington Zoning. Regulations. Request is fort peri. mission to convert existing display -- office area 12'x1T Into a conve— nience store, In addition to a full service -gasoline station, at 811- Williston Road. z. - 2. Appeal of Mobil Oil Corya -- ration, Terry Spillane seeking a vorW once, from Section 11.15, Multiple uses of the souet Burlington Zoning Regulations. Request Is for per- mission to convert existing disli. office area 12'06' Into a conve— nience store, In addition to a full service gasoline station, at 1716 Shel-n burne Rood. 3. Appeal of Gerald C. Jourdon Jr. - seeking a variance, from Section i 13.00, Non -conforming uses and structures of the South Burlington Zoning Regulations. Request is for Pe. mission to construct a second j story on a existing 24'x26' building which is non -conforming to area and dimensional requirements at B6 Hadley Rood. i 4. Appeal of Robert C. Roy seeking v o arionce, from Section 13.67, Swimminp pool requirements of the South Burlington Zoning Regv- lalions. Request is for Permission to construct an 18' x 36' swimming pool to within ten (10) feet of the rear ,i Yard line and six (6) feet of the .northerly side yard, at 23 Pine Tree Terrace. S. Appeal of Irene Casey seeking o variance. from Section 11.00, Dimensional requirements of the South Burlington Zoning li I lotions. Request Is for permission to .construct o.detoched 24'x24' goroge-- to within twenty (20) feet of me _ j northerly rear yard line, at 22 Wright_ j Court. 6. Appeal of Larry 3 Rolande Eng- lish seeking a variance from Section-; t '13.67, Swimming pool requirements of the South Burlington Zoning Repu- S lotions. Request Is for permission to construct a 16'x32' swimming pool to within six (6) feet of the rear yard line, at 29 O'Brien Drive. 7, Appeal of Raymond Bowen & Sondra Thurston seeking a variance,- } from Section 111-00, Dimensional re- quirements of the South Burlington Zoning Regulat;ons. Request Is for permission to construct a 24'x41' de- tocned ocroge to within six (6) feet of the easterly side Yard and twenty- five (25) feet of the rear yard, at IS-20 Elizabeth Street. S. Aopeol of Winooski Volley Pork { District seeking oporoval under Sec- tion 2.10, Conditional uses. of the South Burlington Zoning li lotions. Request Is for permission to construct a public recreation area on a parcel of land containing eight (BI acres located along the Winooski River off Poor Fora. Rood, land owned by Griswold Corporation. 9. Appeal of Winooski Volley Park District seeking oovrovo' under Sec- tion 3.20, Condilioral uses of the South 'Burlington Zoning li lotions. Request is for permission to construct a public recreation area on a parcel of land con'om,ng forty-nine acres located along the south bank of the Winooski River off Berard Drive and Airport Parkway. Robert M. Martineau Cnarman Zoning BJara of Adiustment August 26, 1978 Nincent K. Paradis Attorne/ at Law 30 Pearl Street Box I/ Essex JunctionMermont 05452 802/879-6304 879-6305 November 13, 1978 Zoning Board City of South Burlington South Burlington, VT 05401 Re: Jerry Jourdan Gentlemen: This is an application pursuant to the City of South Burlington Zoning Ordinance for a variance in order to alter a non -conforming structure. The lot in question, located on Hadley Road is situated in an R-4 district under the City Zoning Ordinance which allows single family dwellings. The lot has a frontage on the road and uniform width of Fifty -Five Feet (55') and a depth of One Hundred Fifty Feet (150') and a total square area of Eight Thousand Two Hundred Fifty (8,250) square feet. This application requires review pursuant to the Zoning Ordinance since this lot does not meet the area requirements of the City Zoning Ordinance. The property in question was purchased by the appellant, Jerry Jourdan for $27,500.00 and the total estimated cost of this project is approximately $6,000.00, The first question to be decided by the Zoning Board of Adjustment is whether or not the appellant needs to obtain a variance for this request. The City of South Burlington Zoning Ordinance, Article XIII, Section 13 (2) requires that non -conforming buildings may be altered only if the costs does not exceed 25% of the fair market value unless the building or structure is changed to a conforming use. While appellant will present evidence that the costs of this remodeling does not exceed 25% of the purchase price of the property, Appellant desires to seek review by the Zoning Board of Adjustment on a variance applica- tion so as to insure the continuance of his project. Appellant is not seeking a use variance but rather an area variance. The use, being a residential single family dwelling, is a permitted use in an R-4 district and the only reason for review by the Zoning Board of Adjustment is the area and lot requirements do not comply with the zoning ordinance as this lot was created prior to the adoption of the ordinance. M Zoning Board of South Burlington November 13, 1978 Page 2 Variance requests, must meet the standards of 24 V.S.A §4468. Accord- ingly the following is submitted in support of this request. A. There must be unique physical circumstances or conditions peculiar to the particular property and that unnecessary hardship is due to such conditions. Anderson Law of Zoning, §14.34 - This requirement may be filled by showing that the difficulties complained of relates to existing improvements on the land which are obsolete and deteriorated. See photocopy 1 attached hereto. In this case, the appellant is required to place a new roof over the existing structure on the property, as the roof which presently exists is structurally unsafe. The design of this roof, which presently exists, is not a sufficiently acceptable design and creates a structure with a total living space of only six hundred feet in an area which consists mainly of two story dwellings. The anticipated replacing of this roof would add three hundred square feet of usable living space and create a more desirable residential home for this zoning district. There is no question that this lot if it was vacant could be developed in conformance with the City of South Burlington Zoning Ordinance pur- suant to Section 11.40 so as to include a residential home which would include two stories. Accordingly, it is submitted that appellant's property is unique in that it contains outmoded physical structures which require renovation and improvement in order to make a better living environment. B. Because of physical circumstances or conditions there is no possibility the property can be developed in strict conformity with the provisions of the Zoning Ordinance. A quick glance at the zoning requirements of the City of South Burlington show that an R-4 District requires 10,000 square feet, a minimum lot frontage of 100 feet and yard and side requirements which cannot be met due to the existence of a structure. Accordingly, unless building development is totally prohibited on this lot, a variance would be required. C. That the hardship has not been created by the Appellant. The recent zoning case of Lewis v. Pickering, a copy of which is attached as photocopy 2 states as the law of Vermont that the hardship is not created by an appellant if a successor in title would be entitled to a variance under the zoning ordinance. The mere purchase of property with knowledge of the zoning ordinance is not enough for appellant to create his own hardship. In this case since area variance rather than a use variance is requested, the Appellant and all successors in title would be required to seek a variance because of the under- sized lot in question. Zoning Board of South Burlington November 13, 1978 Page 3 D. That the variance if authorized will not alter the essential character of the neighborhood. The photographs which are presented with this appeal adequately demonstrate residential two story homes are being constructed on lots of similar size. Accordingly, it is not believed that this proposed application alters the essential character of the neighbor- hood. E. That the variance will represent the minimum variance that will afford relief. Since this is an area variance rather than a use variance, there is no harm to the general public since the applica- tion by its nature still involves a residential use. As to the minimum variance for area, this application does not involved encroach- ment on any sidelines or front and rear lines. Rather it is an application to place a roof with a one-half story over the existing structure and hence does not create anything other than a larger single family residence. This is the minimum variance that can be requested. For these reasons, and the reasons submitted orally in this presentation, it is respectfully requested that this use variance be granted. Very truly yours, Vincent A. Paradis VAP/bj c enclosure Variances § 14.34 with other property in the neighborhood, the Supreme Court of Maryland said: "But here, too, he met the burden: the irregularity of the shape 6f his lot, the fact that it Was located on the corner of an arterial Highway and another street, that it is bounded on two sides entirely by parking lots and public and semi-public institutions, that immediately to its south are the row houses (a row house was not a per- mitted use 1, . . manifest that the particular prem- ises w-4i-- j euliarly affected by difficulties and hardships that did not prevail generally with respect to the use of other property in therea."10 § 14.34. Hardship due to improvements on the land. The requirement that unnecessary hardship be due to unique circumstances may be met by showing that the diffi- culty complained of .relates to existing improvements on the land which are obsolete or deteriorated.11 Such improve- ments may exist only on the applicant's land, and they may be not only useless in their present condition but may render prohibitive the cost of developing the land for a permitted use. For example, the owner of a lot improved by a large and ancient house in a residential district may be unable to use or sell it for residential purposes because of its size, age, and condition. The cost of razing the structure may render the redevelopment of the lot for residential use eco- nomically impractical. Under these circumstances, he may seek a variance to establish a commercial use such as a funeral home. Whether such a variance can or should be granted involves several problems, but the existence of the ancient structure on the applicant's land may be regarded as a unique circumstance.h An applicant satisfies the requirement that the hardship be peculiar to his Droperty when he shows that an existing 10. Frankel v Baltimore, 223 12. Messinger v Zoning Board Md 97, 162 A2d 447 (1960). of Review, 81 RI 159, 99 A2d 865 11. § 14.28, supra. (1953). [2 Anderson Zoning]-43 673 EP IONT JJTOWI':; (1970), and L. 161. Pile and Son, Iiie. v. Town of 11'atcrford, 130 Vt. 432, 296 A.2d 262 (1972) in support of their asser- tions' In the Brattleboro case the applicant was not only seeking a use variance, but the expansion of a nonconforming use, actually the expansion of a gas filling station. In Pine, the owner failed to request a zoning permit and proceeded to de- velop the property without securing it. Neither situation is comparable to the case now before us. [1] In the present controversy, the defendants sought .� and obtained a permit for a use of their property which was in _conformance with the uses of area lots. The variance sought was not for a use, but for a dimensional variance, or an area variance: "In most states the courts will approve an area variance upon a lesser shaving by the applicant than is required to sustain a use variance." 3 R. Anderson, American Law of Zoning § 14.45, at 3 (1968). There can be no dispute that the defendants would: have been entitled to construct a summer. camp upon their lot under the zoning regulations of Hinesburg had their lot been of the physical size called for in the ordinances. [2] ' This `brings us to the key and final issue. Did the defendants create the very hardship from which they sought relief by variance? As we have previously noted in this opin- ion, the defendants' predecessor in title owned the same lot at a time prior to the enactment of the zoning ordinances. There can be little dispute that the predecessor could have erected a building on the property in question.. The defendants are now the owners of the identical lot, but took title after the passage of the zoning ordinances. The Pickerings did not create the physical characteristics of the lot that they purchased. Had it still been owned by Myers, the predecessor in title, and he had made application for a variance such as was sought by the defendants, cer- tainly no claim could have been raised that he had created his own hardship. Despite the fact that some courts have used language which, taken upon its face, would indicate that even where a unique hardship existed with respeet to land LE l "iic a., 1::1 which would have n•arranted the person owning; that property prior to tiie enactment of the ordinance to apply for and receive a variance, the mere act of purchase with knowledge of the ordinance bars the purchaser from the same relief, it is apparent that few higher court decisions have actually so decided. In each case in which the re- fusal of a variance was upheld and in which such lan- gun!•e was used, the facts showed either that there was an affirmative act which created the hardship peculiar to the property involved or that there was not sufficient evi- dence that the property was not reasonably adapted for a co.iforming use. 2 A. Rathkopf, The Law of Zoning and Planning § 4, at 48-20 (3rd ed. 1972). Here we have no affirmative act by the &,fend - ants which created the hardship peculiar to their lot. In Wilson v. Borough of Mozi0ainside, 42 N.J. 426, 453, 201 A.2d _0, 554 (1964), the -New Jersey Supreme Court stated: We wish to make it clear that if a prior owner would be entitled to such relief, that right is not lost to a pur- chaser simply because he bought with knowledce of the zoning regulation involved. This situation is not within the realm --of the self-created hardship which will gener- ally bar. relief. We also cite, with approval, the following language from Griffin Construction Co. v. Board of Adjustment of Teanecl,, 35 ` .J. Super. 472, 205 A.2d 313, 316• (1964) : [Wl here an original owner would be entitled to a vari- ance under a specific set of facts, any successor in title is ordinarily also entitled to such a variance, providing that no owner in the chain of title since the adoption of the zoning restriction has done anything to create the condi- tion for which relief by variance is sought. J7tdgment affirmed. < 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 GyRRI r' - 3 QQRdi9Al r/Property location & description G4 R L ►1T Variance of Section I 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 hearing, I agree to pay a fee of $30.00 which fee is to off -set the costs of advertising and the hearing. Hearing Date Signaturs oil Appellan z 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 month and date) time following: Appeal of a - ("- , from Section , seeking r, -e.,:t *� of the South Burlington Zoning Regula- tions. Request is for permission. to ,—. � � Q,.t�G./�L,. � �y�-fiic..te._-c.,r.--• .c..tr.., ..2A �y --t-a-lit/'--ri-4t...r -G.O' G...� c3" fc ,n r December 12, 1978 Mr. Gerald Jourdan 12 Howard Street Burlington, Vermont 05401 Dear Mr. Jourdan: Be advised that the South Burlington Zoning Board of Adjustment has granted your request for a zoning variance allowing for the alteration and addition to your single family dwelling located at 86 Hadley Road, The Board stipulated that the structure re- main a ra'hch style design, that a complete set of plans be filed with this office prior to the issuing of a permit, that a Letter be obtained from the neighbor to the west., relating to the 9' x 26' addition. That a statement be filed stating the intended siding and roofing. Please forward this material to me or aulmAt it at the time ;you request your permit. Very truly, Richard ward, .Zoning Administrative Officer RW/mcg October 18, 1978 Mr. Gerald Jourdan 12 Howard Street Burlington, Vermont 05401 Dear Mr, Jourdan: Upon inspection of your property at 86 Hadley Road I find that the construction i.ivolved exceeds that which we issued a permit. Permit #6471 issued October 13, 1978 allows for the addition of a pitch roof over approximately belf of the structure which would match and tie into the roof of your addition. In addition, I noticed that the entire interior is being re- novated, no permit was issued for this work. A rear deck has been added with no permit, and it appears that you plan new siding. The work under construction is in direct violation of the City's zoning regulations. You are requested to cease further construction :.�_ this matter is resolved, failure to do so will only result ia this matter being turned over to the City Attorney for whatever legal action he deems necessary. Very truly, Richard ward Zoning Administrative Officer RW/mcg September 12, 1978 Mr. Gerald Jourdan 12 Howard Street Burlington, Vermont 05401 Dear Mr. Jourdan: Be advised that this office has reviewed the facts relating to permit #6443 issued by Mr. Page of September 8, 1978. I find that your addition is conforming to the dimensional requirements under the city's zoning regulations. As far as the cost of the addition exceeding twenty-five per cent of the fair -market -value, this matter has been discussed with Mr. Page, he felt that the building had a value greater than $5,900 and therefore issued you a permit. Your second story addition will require a variance, the Zoning Board will require additional information which would satisfy the criteria set -forth in Section 4468 of the Vermont Planning Development Act. (see enclosed copy). The Board's next regular meeting is October 9, 1978 with the deadline for filing being September 20, 1978. If you have any questions pertaining to this matter feel free to contact me. Very truly, Richard Ward Zoning Administrative Officer RW/mcg 1 Encl i 33 a _ `e,�,�'� ,Cal.ot GiQ walQ - - -" �2so•o� - -aSo. 0 0 o fy- i�' ax�oo 09.eo — — — - �a.b- °6 � 5 — j q( l — /.bob — — — r ao. o e 00 (an 3 6 0. 0 o ---o250. oa 31- 30J4A, 6.y9_oo0 f° — -�3o.co_ loo.Do 40�1- _ _ - - , s.00 10 note 6�r�� ro.S 51 36 - ;CA qx 9 40,1p+. -- - - S? 6, A101 - - - ! �` �e�y3o•as LEGAL NOTICES 1 SOUTH BURLINGTON ZONING NOTICE In occordonce with the South Bur- Iln9ton Zoning Regulations and Chapter 117. Title 26 V.S.A. the South Burlington Zoning Board of Adjust- ment will hold a public hearing of the South Burlington City Offices, Conference Room, 1175 Williston Rood, South Burlington, Vermont on Monday, November 13, 1979, at 5:00 o.m. to consider the following: (1) Appeal of Rheol and Helen Gagnon seeking a variance, from Section 13.00, Non -conforming struc- tures of the South Burlington Zoning I Regulations. Request is for per-j misslon to construct on addition con-! toining 1950 square feet with at- toched 26' X 36' garage to on existing t single family dwelling which is to -I toted to within twenty-five 125) feet; of the northerly side yard, of 1520 Spear Street. (2) Appeal of Kenneth A. Dolev seek- ing o variance, from Section 11.00 ,' Dimensional, area, density require-- ments 6 Section 11.15 multiple use of the South Burlington Zoning Regu- , lotions. Request is for permission to i locate a 10' X 50' mobile home on a lot presently occupied by a single family dwelling, lot contains 14,7501 square feet, at 1227 Airport Drive. (3) Appeal of Wilfred and Bonnie Kirby seeking a variance, from Sec- tion 11.00. Dimensional requirements j of the South Burlington Zoning Regu- lations. Request is for permission to 1 construct a single family dwelling (24' X 401 with attached (20' X 201 I garage to within twenty-three (23) ) feel of the required front yard, at 1S f Sherry Road. (4) Appeal of Alan D. Palmer seek- i ing o variance, from Section 11.15, Multiple Uses of the South Burling- I ton Zoning Regulations. Request is for permission to establish three! businesses (plastic bottle manufac- turer, wholesale gases distributor i and a ski service center) from a I building containing 11.580 square feet, located at lot no. 2. Muddy Brook Industrial Pork. (5) Appeal o1 Merilin Corporation, d.b.a. Howard Johnson's seeking a variance, from Seaton 13.00, non- conforming structures R Section 11.00 Dimensional requirements of the South Burlington Zoning Regu- lations. Request is tar permission to construct an addition containing 5% square feet (to the restaurant area) to within fifty (50) feet of the re- quired front yard, at 1 Dorset Street. (6) Appeal of Modlyn M. Walsh seek- ing a variance, from Section 11.00. Dimensional requirements of the South Burlington Zoning Regu- lations. Request is for permission to construct a 12' X 16' utility storage building to within two (2) feet of the westerly rear yard line. of 21 Maple Maplewood Drive. (7) Appeal of Gerold C. Jourdon Jr. seeking a variance, from Section 13.00. Non -conforming uses and structures of the South Burlington Zoning Regulations. Request Is for permission to construct one-half of o second story and remodel the in- terior of an exisli ng Dulld'no which Is non -conforming to area & dimensional requirements, of 86 Hadley Rood. Robert M. Martineau { Chairman I Zoning Board of Adiustment October 31. 1978 It is the intention of this ad to tar- red the ad which appeared Satur- day. October 28, 197C . n.rea �,scu c.r• tree •rnc I J OURDAN 86 Hadley Road Area zoned R-4 District Section 13.00 Non -conforming uses- structures. Structure is non -conforming to area and dimensional requirements. Structure involved 24'X26' converted cottage with 12'X15' addition. Proposed- the construction of one half of a second story and remodeling of interior. F.M.V of building $5,900- estimated cost of addition and renovation approximately $7,000. z/o October 31, 1978 Mr. Gerald Jourdan, Jr. 12 Howard Street Burlington, Vermont 05401 Dear Mr. Jourdan: Be advised that the South Burlington Zoning Board o ff. AP ju�,tinent will hold a public hearing at the South Burlington Conference Room, 1175 Williston Road on Monday, November 13, 1978 at 5:00 p.m. to consider your request for a zoning variance. Please plant to attend this hearing. Very truly, Richard Ward Zoning Administrative Officer RW/mcg August 28, 1978 Mr. Gerald Jourdan Jr. 12 Howard Street Burlington, Vermont 05401 Dear Mr. Jourdan: Be advised that the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington City Hall, Conference Room, 1175 Williston Road on ;Monday, September 11, 1978 at 5:00 p.m. to consider your request for a zoning variance. Please plan to attend. Very truly, Richard ward Zoning Administrative offiaer RW/mcg 94 y A� AJ F-1,9V•gT;oIV, SERRJ 7oNadPp rCkR NT FPRc►R4 /"_y' UT�1'z'ge4r Sp'qc 8':40idA 'X I gill I i Y .f t F No Text