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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 2