HomeMy WebLinkAboutVR-99-0000 - Decision - 0046 Hinesburg RoadV DEVELOPMENT REVIEW BOARD
CITY OF SOUTH BURLINGTON
Re: APPLICATION OF JOANN HOUGH
This matter came before the South Burlington Development Review Board on December
7, 1999 pursuant to the provisions of 24 VSA 4468 on application of JoAnn Hough,
hereinafter "Applicant", for approval to allow a 26' x 28' garage to project 25 feet into the
required rear yard setback, 46 Hinesburg Road. The Applicant was present at the public
hearing held relative to this application. The Development Review Board hereby renders
the following decision on this application:
FINDINGS OF FACT
1. The owner of record of this particular property is JoAnn Hough.
2. This property is located within the R4 District.
3. The property is developed with a two (2) family dwelling with an attached garage.
4. The lot is irregular in shape with adequate space to construct the proposed garage and
meet the setback requirements.
CONCLUSIONS OF LAW
1. There are no 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. The unnecessary hardship is not
due to such conditions. It is created by the circumstances or conditions generally created
by the provisions of the zoning regulations in the neighborhood or district in which the
property is located. The lot may be irregular in shape but it does not prevent the applicant
from constructing the garage and meet the setback requirements.
2. Since there are no physical circumstances or conditions, there is a 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 not necessary to enable the reasonable
use of the property. The property is currently developed with a two (2) family dwelling
and attached garage. The proposed garage can be constructed without a variance.
3. The claimed unnecessary hardship has been created by the appellant. Since the garage
can be constructed without a variance, there is no hardship.
4. The variance if authorized, would 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.
5. The variance, if authorized, would not represent the minimum variance that would afford
relief and would represent the most modification possible of the zoning regulations and of
the plan.
DECISION
Based on the above Findings of Fact and Conclusions of Law, the South Burlington
Development Review Board hereby denies the Applicant's request for a variance to allow
a 26' x 28' garage to project 25 feet into the required rear yard setback, 46 Hinesburg
Road, for the following reason:
The five (5) criteria necessary for the granting of a variance pursuant to 24 VSA 4468 have
not been met.
Dated this day of December 1999 at South Burlington, VT
Chairman or Clerk
South Burlington Development Review Board
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