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Home My WebLink AboutVR-96-0000 - Supplemental - 0125 Holmes RoadCity of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 October 15, 1996 Mr. Michael Lipson N10 Sonehedge Drive South Burlington, Vermont 05403 Re: Zoning Application Dear Mr. Lipson: ZONING ADMINISTRATOR 658-7958 Be advised that the South Burlington Zoning Board of Adjustment will hold a public hearing at the City Offices, Conference Room, 575 Dorset Street, South Burlington, Vermont on Monday, October 28, 1996 at 7:00 P.M. to consider your request for a zoning variance. Please plan to attend this hearing and be prepared to address the enclosed review criteria. If you have any questions, please don't hesitate to call me. Very truly, Richard Ward, Zoning Administrative Officer RW/mcp 1 Encl DESCRIPTION OF ALTERATIONS AND JUSTIFICATION FOR VARIANCE 125 HOLMES ROAD Description. We are proposing two related alterations: An approximate 5 foot (length) extension of the existing 5' x 17' "suni-,')om" (to be screen porch) area on the west side of the structure; and the u ddition of a wooden deck, approximate dimensions 2 5' x 10', partly sL irrounding and extending from the screen porch area. A deck also will bC' added on the roof of the screen porch area but will not extend beyonc: i- that area. The alterations are drawn conceptually on Attachment A to this -6^ubmission. The Site Plan drawing (Attachment B) shows then, in scale. The screen porch alteratioli%and the deck will take the place of the existing stairs and a small patio/61--ck area below them. Although the width dimensions of these areas will be Enlarged, the added extension towards the lakeshore will be slight. Elie Pxisting structures (stairs and a small patio/deck area) now exteil'"ifrom the sunroom on the main structure towards the lake some 13 1/�,;: t e new alterations (screen porch and deck) will extend from the sunroom towards the lake only some 15 feet in total. The completed ,,, .. ,.._,. alterations still will leave nearly 30' between the structure and the top of the bank above the lake, and some 80' to the low water mark. The cost of the alterations is expected to be less than $10,000. The adjoining neighbors (north and south) have been contacted about the alterations. Each of them has provided a letter to accompany this application stating that they have no objection to the variance being granted. The letters also are attached to this application. Justification for Variance. 1. Unique Physical Circumstances. The lot is approximately 225' deep from the mean low water mark to the east boundary. However, there are only about 183' from the bank above the lake to the east boundary. This depth of lot is insufficient to permit a residential structure with consistency of character to those in the area to be situated, entirely, more than 150' from the mean low water mark and, therefore, creates a hardship. (A reasonable sized residential structure would have to be situated as close as 40' from the east boundary to be completely out of the 150' zone.) In addition, it would be a hardship to deny the proposed alterations which are intended to permit the use of the property, as configured, to its full advantage, just as other properties in the neighborhood are used. [The main residence structure was situated on the property nearly 60 years ago, approximately 89' from the east boundary of the property (the road right of way). The house is approximately 44' long. The dimension of the lot from the west side of the residence to Lihe bank above the lake is relatively shallow (50'), although there is consiLrierably more distance to the mean low water mark (100'). The structure k(and the proposed alterations) are situated approximately 32' above tht- 10/7/96 lake level and about 25' above the mean lake level of 102.5, as- shown on Attachment C, the Elevations sketch.] 2. No Possibility oLL`-MyC QpiUg In Strict Conformity. No development (or alteration) of the property would be possible without encroachment or further enc-roachment into the 150' zone, as indicated above. The proposed alterations -..are on the west side of the property, facing the lake; they would intrude oniS,T slightly further towards the mean low water mark than what presentt;v exists at the property (stairs and patio/deck areas). Measured from existing sunroom, the additional encroachment would be only about Z" .There is no way to permit the reasonable use of the property in the manna-m,,, we propose except by granting the variance. ` 3. The Appellant Did Not Create The Hardship. Neither the applicants nor the co -applicants (present owners) created the lot depth or situated the existing structure on it. 4. Variance Will Not Alter Essential Character of Neighborhood, etc. The neighborhood consists of year-round, residential lakeshore properties, many of which originally were summer camps. These properties were created years ago. Many of them (including the adjoining properties to the south and north) have porches or decks. The end of the proposed deck would be roughly 30' from the bank above the lake. This compares reasonably with the adjoining property to the south and north, both of which have decks. [The property to the immediate south has a first floor deck approximately 20' from the bank; the next southernmost property, on Bartlett's Bay road, has a ground level deck that is also about 20' (or less) from the bank. The property to the north also has a detached deck adjacent to the lake's edge.] The proposed alterations will make this property commensurate in usefulness with comparable properties in the area in terms of features and value. In addition, there would be no detriment to the public welfare by permitting the variance because the objectives of the zone can be met even though the pre-existing structures are present in it, and those structures would diminish in value (or lose their value) if they could not be maintained or improved in the minor ways exemplified by the proposed alterations. 5. Minimum Variance To Afford Relief. The proposed screen porch altL2ration extends the existing sunroom only 5'. Although technically nk--)ncompliant to the regulations, this alteration makes only a slight chainbQe in the encroachment as a practical matter, since the concrete and stonL- steps (5' x 6'), and the patio/deck area (about 8 1/2' x 5') exist in this locaLlion already, and will be removed. Also, the expansion of this space was ctLn-signed as small as feasible to accomplish a reasonable -sized porch, eking into account the existing space. In addition, although the deck woutui be considerably wider than the existing patio/deck-type spaces, it wou Lik extend less than 2' farther towards the lake than the end of the existing srnaces. The proposed deck was designed to provide a reasonably-sizeul-space having pleasant proportions in relationship to the residence structure. Alterations of smaller dimensions would be out of sync with the comparable properties in the area and would not provide 4 .~ the utility of those proposed here. The applicants respectfully request the issuance of the variance sought based on this submission. J Cl- "� i L_ 1" 5C, FT, i.y _ ;a E,, r. ? F- C1J �G TJ �V i ... 4,. CD l Cs CD r1 -� _-.d _ r�- l-(�1 I fn T i=l r l_1 11 a; 1, p cr 71 ��--- - -ag..1i E_ F 3GA,LE t 1 F i, (-1 I 1 1I1. .. _.�. MOn,4xAiw N Oozy . R6Fo . �r I ri s r "Aq clx 060(usti f L v ® I, 0,4 1^I' cow. Mtjq T D C:,CK 1461tAlzr► OfOf011 City of South Burlington Application to Boa of Adjustment Off al Use APPLICATION # HEARING DATE /G�� Date 10/7/96 ApplicantMichael LipsorV,Dr. and Mrs. Julian Waller Owner, %Purchaser under Contract FILING DATE /OA F41� � FEE AMOUNT a °= Address N10 Stonehedgee Dr. , S. Bur1;nZt-np Telephone # Rri-jQ296 Landowner Dr. & Mrs . .hfl ian Wa11 er Addressl9r11,1., Location and description of property single-family residence at 125 T4olmPc Roarl-coo attached photograph Type of application check one: ( ) appeal from decision of Administrative Officer ( ) request for a conditional use (X ) request for a variance. I understand the presentation procedures required by State Law (Section 4468 of the Planning & Development Act). Also that hearings are held twice a month (second and fourth Mondays). That a legal advertisement must appear a minimum of fifteen (15) days prior to the hearing. I agree to pay a hearing fee which is to off -set the cost of the hearing. Provisions of zoning ordinance in question Conservat. Distr. --residence is nonconfor- ming use Reason for appeal seeking variance for minor altPrar;onc to--e�=te ie�--sPP arra�e� Description of Alterations and Justification for Variance with Attqchmpnt, JQJl7 /n %iCl�j s The following docume2s are submitted in support of the application: photograph; above -entitled Description; concept drawing of lake elevation; first flour plan; Site Plan to scale; Elevations to scale (from lake levels), Oct. 28, 1996 Hearing Date Signature of Opellant `i/ W- � 1-LUci11L5/L p elYdI1L6 ' Do not wri a below his 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 Day of Week Month and -Date Appeal of seeking a at to consider the following: Time � p ,- - from Section'lTs� �!sa 01 of the South Burlington Zoning Regulations. Request is for permission to r t LEGAL NOTICES 1 SOUTH BURLINOTON ZONING NOTICE In accordance with the South Burlington Zoning Reggulations and Chapter 117, Title 24, V.S.A. the South Burlington Zoniny Board of Adjustment will hold a public hearing at the South Burlington Mu- nicipal Offices, Confer- ence Room, 575 Dorset Street, South Burlington, Vermont on Monday, Oc- tober 28, 1996 at 7:00 P.M. to consider the fol- lowing: Clfred & heryP 8enecal Aseeking approval from Section 15.20 Conditional uses and Section 26.65 Mul- tiple uses of the South Burlington Zoning Regula- tions. Request is for per- mission to occupy an existing structure con- taining 7,200 square feet with three (3) tenants to include automobile sales & service, equipment sales, service and rental, automobile rental, con- tractors yards including retail sales, automotive repair and service, taxi companies and day care, on a lot containing 40,506 square feet, located at 8 Berard Drive. McIntosh*2 Appeal of Partners, Reginald Gig - I noux agent seeking ap- proval from Section 12.20 Conditional uses sub -sec- tion 12.214 Bakery & deli- j catessen restaurant of the j South Burlington Zoning d Regulations. Request is for permission to con- struct a 2,150 square foot building on a lot con- taining 39,000 square feet d.b.a. Bruegger's Bagel Bakery, located at 1120 Shelburne Road. #3 Appeal of Michael Lip- son & Julian Waller seek- ing a variance from j Section 3.120 Conserva- tion/Open Space District setback requirements of the South Burlington Zon- ing Regulations. Request is for permission to con- struct a 10'x25' deck to within fifty-two (52) feet of Lake Champlain (mean lake level elevation 102 feet) located at 125 Holmes Road. #4 Appeal of Randall Gaulin seeking approval I from Section 2 .117 Alter- ations of existing grades, sub -section A filling with earth products of the South Burlington Zoning Regulations. Request is for permission to fill an area of approximately 190 square feet (approxi- mately 100 cubic yards), at a maximum depth of five (5) feet, located at 12 Pine Street. #5 Appeal of Wendy Continued Next Column LEGAL NOTICES I Cope & John Hodgson seeking approval from Section 25.117 Alteration of existing grades, sub- section A filling with earth products of the South Burlington Zoning Regula- tions. Request is for per- mission to fill an area of approximately 7000 square feet (approxi- mately 420 cubic yards) at a maximum depth of thirty (30) feet, located at 11 Maple Avenue. #6 Appeal of Ronald and Ann Savitt seeking a vari- ance from Section 25.00 Dimensional requirements Of the South Burlington Zoning Regulations. Re- quest is for permission to construct a 12'x18' deck to within three feet eight inches (3'8") of the west- erly side yard, located at 3 Blue Star Lane. Plans are on file with the South Burlington Planning and Zoning Office, lo- cated at City Hall, 575 Dorset Street, South Bur- lington, Vermont. Richard Ward, Zoning Administrative Officer October 12, 1996 �,:� ��-°!!` �, � '�'�'�' �" y�•"��'..m.. �,�,. ,� � ��++If.gr�s� .P ,�e'"tom. * 4 - ^-'.o dlflp -.�-% 47 L � f J No Text October 18, 1977 Mr. Julian Waller 125 Holmes Road Extension South Burlington, Vermont 05401 Dear Mr. Waller: Be advised that your request for a zoning variance has been granted by the Zoning Board of Adjustment, this office will issue a permit upon your request. If you have any questions, feel free to contact me. Very truly, Richard ward Zoning Administrative Officer October 5, 1977 Mr. Julian Waller 125 Holmes Road South Burlington, Vermont 05401 Dear Mr. Wallers Be advised that the South Burlington Zoning Board of Adjustment will hold a public hearing at the City Hall, Conference Room,' 1175 Williston Road, South Burlington, Vermont on Noonday, October 17, 1977-at 5e00 p.m. to consider your request for a zoning vari- ance. Please plan to attend this meeting. Very truly, Richard Ward Zoning Administrative Officer RW/mcg NOTICE OF APPEAL SOUTH BURLINGTON ZONING BOARD OF ADJUSTMENT I hereby appeal conditional use? Pro erty Owner to the Zoning Board of Adjustment for the following: variances decision of administrative officer. P Property location & description }�� es Rd Variance of Section 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 \ " -.. kt ` (�' . W C� K S➢ c, vYYI , �J ` ignature of Appellant 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 r seeking a �` _� from Section of the South Burlington Zoning Regula- tions. Request is for permission to .,,�,,�,,,�► uG r: ti �, a 1.0 00,1r. - 0.11 77 -------------