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Home My WebLink AboutNV-86-0000 - Supplemental - 0048 Helen AvenueMarch 12, 1986 Attorney Douglas J. Wolinsky P.O. Box 1505 Burlington, Vermont 05402 Re: 48 Helen Avenue Dear Attorney Wolinsky: The issue of having two kitchens with an occupancy of a single-family on the property located at 48 Helen Avenue was discussed with the City Attorney. It is his opinion that with the action taken by the Zoning Board on Monday, March 10, 1986 the second kitchen must be removed. As you are aware the conversion was completed by Ms. Moses in direct violation and this violation has been on -going for over a year. This office is requesting your co-operation, the property must be restored to a single-family unit within ten (10) days. Hopefully no future action will be required. Very truly, Richard ward, Zoning Administrative Officer RW/mcp 1--13" 25,1986••• LEGAL NOTICES 1 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 Bur- lington Municipal Offices, Con- ference Room, 575 Dorset Street, South Burlington, Vermont on Monday, February 10, 1986, at 5:00 P.M. to consider the following: I #1 Appeal of Robert Stuart and Steele Griswold seeking a vari- once, from Section 13.10, Per- mitted uses of the South Burlington Regulations. Request is for permission to construct two barns (18' x 32' and 45' x 60') on a portion of a 70 acre parcel, for the purpose of operating a cattle raising business, located on the Poor Farm Road easterly of the Winooski Volley Park r.c- 1 reational areo. *2 Appeal of Larry and Audrey CheM seeking opprovol, from Section 19.65, Multiple uses of the South Burlington Regulations. Request is for permission to op- erate a consulting service and an antique shop from on existing 40' x 45' building on a lot con- taining 18,000 square feet lo- cated at 185 Dorset Street. 03 Appeal of HVM Corporation, Fred Hackett agent seeking ap- proval, from Section 19.05, Con- ditional uses subsection 19.056 alteration and extension of the South Burlington Regulations. Re- gvest is for permission to convert fhe basement area approxi- mately 3000 square feet into general office area including conference rooms and employ- ees lounge, locoted of 140 Ken- nedy Drive. 04 Appeal of Douglas Wolinsky Esq. and the Howard Bank seek- g a variance, from Section 11.00, Dimensional require- ments, Section 18.113 Dwelling standards of the South Burlington Regulations. Request is for per- mission to convert a single-family dwelling into a two family unit, lower level unit containing 450 square feet on a lot containing approximately 12,000 square feet with 75 foot frontage, to cared at 48 Helen Avenue. Richard Ward Zoning Administrative Officer January 25, 1986 d WOLINSKY/HOWARD BANK 48 Helen Avenue Areaizoned R-4 District Two-family dwellings are permitted use Section 18.00 Dimensional requirements Minimum lot for two-family 12,000 square feet with 85 feet frontage - existing 12,046 square feet with 75 feet frontage Section 18.113 Dwelling standards Minimum floor area per unit 850 square feet - proposed 450 square feet Note: Conversion is complete - see enclosed letters to Moses and Attorney Wolinsky NOTICE OF APPEAL SOUTH BURLINGTON ZONING BOARD OF ADJUSTMENT Name, address and telephone # of applicant Saxer, Anderson & Wolinsky, 200 Main Street, P. O. Box 1505, Burlington, Vermont 05402 (802) 658-2826 Name, address of property owner The Howard Bank, N.A. , 111 Main Street, P. O. Box 409, Burlington, Vermont 05402 Property location and description48 Helen Avenue, South Burlington Formerly owned by Nikki Moses 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 advgrrl;sem6nt m pear a minimum of fifteen (15) days before the hearing. I agree tfA ay the;r}a' ee of $30.00 which is to off -set the cost of the hearing. jyr By: Hearing Date Si nab" a o-' ellant Do as insky , Esq . 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 , at (day of week) (month and date) time to consider the following: Appeal of seeking a , from Section Burlington Regulations. Request is for permission to E of the South Ms. Nikki Moses 48 Helen Avenue South Burlington, Dear Mr. Moses: January 8, 1985 Vermont 05401 Regarding our discussion concerning the apartment in the lower level of your house. Enclosed is a copy of the permit issued on November 15, 1982 to George Bessette, please note that the permit was issued for a single-family raised ranch. No permit was requested for any apartment, therefore it was constructed illegally. As I explained, you have two options, (1) remove the kitchen, returning the house back to a single-family unit, (an inspection will be necessary after work is completed) (2) make application for a variance before the Zoning Board of Adjustment. Should you decide the appeal option and application must be filed as soon as possible. Enclosed please find the necessary paper work. This letter will serve as formal notice, requiring that you take action to correct the violation, failure to do so within ten (10) days will result in this matter being turned over to the City Attorney for whatever legal action he deems necessary. Very truly, Richard ward, Zoning Administrative Officer RII/mcg 2 Encls March 5, 1985 Attorney Douglas Wolinsky P.U. Box 1505 Burlington, Vermont 05402 Re: 48 Helen Avenue Dear Attorney Wolinsky: This letter will confirm our conversation of this date regarding the Moses property located at 48 Helen Avenue. Enclosed are copies of letters to!Ms . Moses from this off ice. These letters present the problem we have with the property owned by Ms. Moses. Should the Howard Bank acquire the property and wish to continue the use as a two family unit, they would be required to secure the necessary approvals. If you have any questions please don't hesitate to call me. Very truly, Richard ward, Zoning Administrative Officer RW% mcg Encls January 31, 1985 Ms. Nikki Moses 48 Helen Avenue South Burlington, Vermont 05401 Dear Ms. Moses: On January 8, 1985 you were informed that the apartment located in the lower level of your house is in violation of the City Zoning Regulations. To date you have failed to take action to remedy that situation. Be advised that unless we are informed to your intention within ten (10) days from receipt of this letter formal legal action can be expected on behalf of the City. If you have any questions please don't hesitate to call me. very truly, Richard Ward, Zoning Administrative Officer RW/mcq No-ricE OF APPEAL -2ty , / SOUTH BURLINGTON ZONING BOARD OF ADJUSTMENT Name, address and telephone # of applicant Name, address of property owner Property location and description 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. 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 Burlington Municipal Offices, Conference Room, 575 Dorset Street, South Burlington, Vermont on at (day of week) month and date time to consider the following: Appeal of seeking a l/�t.cs, c.e� , from Section 4 of the South Burlington Regulations. Request is for permission to.04-/^ (1.Cs{. Q► iQ!'sG7 _�� .u..�.t,. .-t...,., �� ' ., ..� �L6� �o�...�--�-.tee.-�-�-�-�-- a-,-. � ..--C.�c.� �� ✓ //0 S�G SOUTH BURLINGTON ZONING BOARD OF ADJUSTKE NT Findings in accordance with Section 446P of the Planning & Development Act (1) That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property, and that the unnecessary hardship is due to such conditions, and not the circumstances or conditions generally created by the provisions of the zoning regulations in the neighborhood or district in which the property is located; El (2) That because of such physical,eircumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the zoning regulations and that the authorization of a variance is therefore necessary to enable the reasonable use of the property; 0 (3) That such unnecessary hardship has not been created by the appellant; El (4) That the variance, if authorized, will not alter the essential' character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare; and El (5) That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the zoning regulations and of the plan.El Appeal # Date 2-- to - kC 'Zze6 . /a, / sal Appellant Gi/p/�;,� Vote: Yes Q No Sign List findings below: ZN c �SLrb�✓J Gq4 s� r r 2. . Z ��i L C�GC.sy tG�%�Y r� /1��i�►�j �'Y�ljr 3 . ./� tid/� GL.�aT � eh l/�ie��. DL zaa %� Q Ov ,�, .�•-ae.. PHILIP D. SAXER ARTHUR P. ANDERSON DOUGLAS J. WOLINSKY MICHAEL J. NEMITZ SAXER, ANDERSON AND WOLINSKY ATTORNEYS AT LAW P. O. Box 1505 BURLINGTON. VERMONT 05402-1505 January 9, 1986 Mr. Richard Ward Zoning Administrative Officer City of South Burlington 575 Dorset Street South Burlington, Vermont 05401 Re: 48 Helen Avenue Dear Mr. Ward: OFFICES AT 200 MAIN STREET TELEPHONE (802) 658-2826 • ALSO ADMITTED IN NEW YORK I am enclosing with this letter a Notice of. Appeal, together with a Site Plan, a Floor Plan, and our check in the amount of $30.00 for the filing fee. As we have discussed, we are attempt- ing to obtain a variance on the former Nikki Moses property, so that The Howard Bank may sell it as a two -unit dwelling house. Thank you for your assistance. ` ncer6�ly ours, + d DJW/mg Enclosures ug a�,.,,,�olinsky, Esq. M E M O R A N D U M TO: Zoning Board of Adjustment FROM: William J. Szymanski, City Manager RE: Conversion of Single Family Residence to Duplexes DATE: February 4, 1986 The City Council, at their meeting on February 3, 1986, reviewed the Z.B.A. Agenda for February 10, 1986 meeting and expressed their concern over the increase in request for the conversion of single family residence to duplexes. The concern is that this trend will alter the character of neighborhoods that were intended to be single family. PHILIP D. SAXER ARTHUR P. ANDERSON DOUGLAS J. WOLINSKY SAXER, ANDERSON AND WOLINSKY ATTORNEYS AT LAW P. O. Box 1505 BURLINGTON. VERMONT 05402-1505 February 12, 1986 Mr. Richard Ward Zoning Administrative Officer City of South Burlington 575 Dorset Street South Burlington, Vermont 05401 Re: The Howard Bank/Nikki Moses Appeal Dear Mr. Ward: OFFICES AT 200 MAIN STREET TELEPHONE (802) 658-2826 ALSO ADMITTED IN NEW YORK As we discussed in your office this morning, I will be out of town at your next regularly scheduled hearing on February 24, 1986. Accordingly, I would appreciate your setting the above matter for the hearing scheduled on March 10, 1986. Please let me know if this is not convenient for you. Thank you for your assistance. Si`ncerel�l yours, Douglas J. Wolinsky, Esq. DJW/mg cc: Liz Grover -Preston The Howard Bank January 27, 1986 Attorney Douglas Wolinsky P.O. Box 1505 Burlington, Vermont 05401 Re: Zoning appeal Dear Mr. Wolinsky: Be advised that the Zoning Board of Adjustment will hold a public hearing at the City Offices, Conference Room, 575 DorsQt Street on Monday, February 10, 1986 at 5:00 P.M. to consider your request for a variance. Please plan to attend this meeting. Very truly, Richard Ward, Zoning Administrative Officer RW/mcp February 8, 1986 Mr. Frederick G. Blais Chairman, Zoning Board of Authority 575 Dorset Street South Burlington, VT 05401 Dear Mr. Blais: We, the undersigned residents of Helen Avenue and environs, oppose authorizing a variance that would permit conversion of the dwelling at 48 Helen Avenue into a two-family unit. This variance has been requested by Douglas Wolinsky, Esquire and The Howard Bank. First, there are no unique physical circumstances or conditions peculiar to this lot that create any hardship. The lot has been developed under the existing zoning regulations by the construction of a single family dwelling. Further, if a hardship exists, it is certainly of the appellant's own doing. While the undersigned can sympathize with The Howard Bank and recog- nize that this property is probably more saleable as a two-family dwelling than as a single-family dwelling, we believe that the bank was, or should have been aware, of this risk when they entered into a financial relationship with the previous owner. This appears to be a risk common to the banking world in general. Also, we believe that if this variance is authorized, it will lead to a permanent alteration of the essential character of this neighborhood. At present, all homes on Helen Avenue are single family. If this variance is authorized, we feel it will establish a precedent for this area, and that in time more and more variances of this type will be requested. Finally, the protective covenants for Suburban Acres, executed on March 5, 1959, require that all dwellings in Suburban Acres, with the excep- tion of those lots facing on White Street, be single family dwellings. We request your consideration of the above in your deliberations. Sincerely, / - S 0 0,2 1 .3/4 Rk-bAK e4o.V �. ................ . + VI ROK3 k IN rRA C UPPER- 4c"V84-, k 0 7r W44'PEC-Tialk), tJ 67Z:S 1"t O�,Sooco ofj CR-WrA, A 66--4-4./K)G, COQTA-etom; TWO APPP,0Y-'(Y\A-M, KOPDZT3 40-)F-S 5LARVF-� ). Fl APPAkCt-JT,/-l&>i5S C4 OCkvPATtW' F'Of ALBERT W. HARRIS No. 584 R4 jt�OKT(.�AQ-4E. :�APVE�4 pp'OpeizT� OF TRH kOc%)P%kL C3A+-Nvl sots n4 (3ufL-jkx,-r,,x) 1.2 -,2,245 WS scA L.t- . / " = a), pp,oT, c ;.;47 ' c3Xrt H L-3cLQ-,/0 , YLIPIff N0KYT 1 v 11,3 C., Roam 1 { c� KITCK.��3. GAT R.Oow\ /9,S` ,C1 v Ito G, AREA ) D(41.-Mild G, a.37R.-Li VT1,:.IT-LA STORAGE �( 2cUri1 � Roow. ' h ry H BATH KATCR&O Roarr4 A,V i5 STc�kAc,,t Krnrv\S S ;F', ± f