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Home My WebLink AboutBATCH - Supplemental - 0007 Austin RoadCity of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 June 10, 1996 Mr. Willard Nalchajian 7 Austin Road South Burlington, Vermont 05403 Re: Zoning Appeal Dear M. Nalchajian: 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, June 24, 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 #96163 - Nalchaj ian South Burlington R1 Zoning District Requirements Area: 1 Acre Frontage: 120' Building Coverage: 15 % Lot Coverage: 25 % Setbacks: Front: 50, Side: 25' Rear: 30' 1. Both lots 5 and 6 were created prior to the Zoning Regulations and both frontages were less than 120'. All the existing buildings were also built prior to the regulations and both buildings on Lot #6 had sideyard setbacks less than the required 25'. The original seawall was built prior to the regulations and it was necessary to establish it in that location because of the drainage swale and outfall. Since Lot #5 is to be sold outside the family it is necessary to realign the boundary to allow access for maintenance and repair of the Lot #6 seawall. 2. Because of the facts stated in 1. above a boundary adjustment is necessary to permit the owners of Lot #6 to maintain and/or replace their seawall. Also, neither lot currently meets the frontage requirement and both buildings on Lot #6 do not currently meet the sideyard setback requirements with regard to the common boundary with Lot #5. If this boundary adjustment is granted the frontage of Lot #5 will be more non- conforming by 15' and the frontage of Lot #6 will be less non -conforming by 15' . With regard to sideyard setbacks, both the house and the garage on Lot #6 will be brought into conformance with respect to the common boundary with Lot #5 as both will then exceed 25' and all buildings on Lot #5 will remain in conformance with respect to the common boundary. 3. Since both lots and all buildings and the seawall pre-existed the zoning requirements, the hardship was not created by the Appellant. Appellant has been permitted, as a family member, to maintain the seawall, but this will cease upon sale of Lot #5. 4. This request is for a boundary adjustment, therefore the essential character of the neighborhood will not be materially changed, nor will there be any detriment to adjacent properties or to the public welfare. 5. If granted, this would represent the minimum dimensional change in the boundary between Lots 5 and 6 which would allow Lot #6 seawall to be maintained and/or replaced after the sale of Lot #5. June 18, 1996 We, the undersigned neighbors of Will and Lynne Nalchajian, have examined their Boundary Adjustment Plan. We support their petition to obtain a variance for a boundary adjustment from Lot 5 (the Webster property) to Lot 6 (the Nalchajian property). CIVIL ENGINEERING ASSOCIATES, INC. P.O. Box 485 SHELBURNE, VERMONT 05482 (802) 985-2323 Z) N JOB SHEET NO CALCULATED BY CHECKED BY_ SCALE OF DATE DATE (� ('1 ? ��`T'1- �{-f/. i I-� / •�,�,I'il�r.� r..� I; ICJC�[_t ` i / r_� Q �11f 1%n61r�U/'�( Lt,l)�? fLrrTl �r•t� !�_t,J1U'.�= �?;.'4(aStnl-�� Ti f. r r k i j rJ ✓ ' ` ', - r,' r t � 'r ( i- L-c 'TFt.iS t. 7c� II Ft '4' j ) L-- yo I _) i PRODUCT 204-1 (Single Shuts) 205-1 (Padded) ®® Inc, Groton, Mass 01471 To Order PHONETOLL FREE 1-000-225-6360 4) WILLARD & LYNNE NALCHAJIAN - 7 AUSTIN ROAD Area zoned R-1 District. Section 25.00 Area, density and dimensional requirements, minimum 1 acre lot with 120 feet frontage. Existing lots (lot #5) .55 acres with 87 feet frontage (lot #6) .21 acres with 60 feet frontage. Both lots are non -complying, Section 26.00 alterations to non -complying lots. Proposed property line adjustment decrease lot #5 to .50 acres with 72 feet frontage and increases lot #6 to .26 acres with 75 feet frontage. BOUNDARY ADJUSTMENT PROPOSAL The proposal before the Zoning Board of Adjustment is to adjust the boundary between Lots 5 and 6 at Bartlett's Bay. The Applicants, Merchants Trust Co., Trustee, and Willard and Lynne Nalchajian are the current owners, respectively. The lots were created in 1930, with Lot 5 having an area of ± 1.0 acres and Lot 6 at 0.3 acres. The areas were calculated from the 1930 survey of the lots. At that time the water line of Lake Champlain was depicted as it was in September of 1929, which showed considerable beach area for both lots. The lots were resurveyed in May of 1996 when the water level was at an elevation of ± 100.5 feet, or high water, with no beach area. The resulting areas of the lots per the 1996 survey were Lot 5 being ±0.55 acres and Lot 6 at ±0.21 acres. The lots are in the Residential One Zoning District. The minimum parcel size in the district is one acre with a minimum frontage of 120 feet. These requirements show that both lots are nonconforming on two accounts. The following table illustrates the zoning requirements, existing conditions and the conditions after the boundary adjustment. Parcel Minimum Zoning Requirements Existing Post Boundary Adjustment Lot 5: Area 1 Acre ±0.55 Acres ±0.50 Acres Frontage 120 Feet ±87 Feet ±72 Feet Building Coverage 15 % ± 11.7 % ± 12.9 % Lot 6: Area 1 Acre ±0.21 Acres ±0.26 Acres Frontage 120 Feet ±60 Feet ±75 Feet Building Coverage 15 % ± 13.2 % ± 10.7 % The boundary adjusted parcel has a frontage of 15 feet and an area of ±0.05 acres. e�No+ 9 6``oi�s iro��e� • o'�'�A,A'�cb? ew oJ�dyy0 +O/ Jey+ o�O,� �L oi4J10- ? Alal dJ ab 1-0 ADI oNr ro +oo j ` +Y,o��P 7*0 A� ee/ o Sy ya�O'0,�,oi,��.o�Is�+J��• A�6 ia 00 Ve o`9,'o0 N ro, "'�ipntblV A:o�%e�o2 Aoe�o�kN �r QV 4 'NRoyr+�o ,�� /off o � zl• /o r' > ov oSy4� O+�o ror �° 66' rrr 'GojS4 o +a od rO re S / °'fit, .(,�►' 4'S' 'Ko yr oe/o'aao 82 t�o998 . M ,�,��ob�4i�, • �n ��e Aob /° +Ae rr/obi r trr jlo e6pe 8gpr + ��° 94 r +o J°Ar�� :st, WV �'yi�OV�,,746 0'Or °+�t. O/ +o''ooy6i''N'�9°yo .10 o rr .7 � A, IO+04 b City of South Burlington Application to Board of Adjustment Official Use APPLICATION # HEARING DATE Date June 1, 1996 Willard & Lynne Nalchajian Applicant Merchants Trust Co., Trustee Owner, leasee, agent 7 Austin Road, Bartletts Bay Address So. Burlington, VT Telephone # Landowner Same FILING DATE G 9� �a FEE AMOUNT 862-9075 Address Location and description of property Lots 5 and 6, Bartletts Bay 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 appeal 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 1) Lot Size, 2) Lot Frontage See attached. Reason for appeal 10 o A � V S; t tke- Ib oyndary he. fau'ee h The owner or applicant should submit along with this application (8 copies) plans, elevations, landscaping diagrams (drawn to scale) traffic data and any other additional informatio h' h %as support evidence to the .-, Board. Cl/ � tot, . . Hearing Date Signature 6f Apellant 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 Day of Week at to consider the following: Month and Date Time f /� Appeal ofLj��yf .:. r7 �i if,/ ` ✓�c..' (�c - : �- fn , J. .:'1 L.! r seeking a fJQif.cu.�.,,�c �.,s_� from Sect t of the South Burlington Zoning Regulations. Request is for permission to wp a Memo Date: 4/20/98 To: South Burlington Zoning Board of Adjustment From: Scott Gardner RE: 7 Austin Drive: Will and Lynne Nalchajian's Proposed Addition Thank you for considering our request to build a 12'-6" X 14'-0" two story addition. The pertinent facts and circumstances are as follows: 1. The existing house, like many in the Barlett Bay area, was constructed 30' from the high water level. The house sits at an elevation of approximately 101' above sea level. 2. The addition would be built at an elevation of approximately 102' above see level on the side of the house farthest from the lake. The design and location minimize impact. The addition will not be visible from the lake. 3. The house has 3 bedrooms but only one full bath. The purpose of the addition is to add a full bath and expand an undersized dining room. 4. The elevation of the proposed addition when compared to the pictures of the existing house shows that the addition will actually improve the appearance of the house from the road. The house with the addition will still be smaller than the houses to the east and west of the Nalchajian's home and will certainly not be out of character for the neighborhood. 5. We ask that you grant a variance in this instance because the house location predates current zoning restrictions. To deny the addition of a bath and expanded dining room that will not be visible from the lake would be to deny the reasonable use of the property. Thank you again. Scott Gardner for Will and Lynne Nalchajian 3/9/98 1 April 27, 1998 We, the undersigned neighbors of Will and Lynne Nalchajian, have examined their plan to build a 121611 x 141011 two story addition. We support their petition to obtain a variance in order to build this addition. c.•-,mac----�--- 7 April 27, 1998 We, the undersigned neighbors of Will and Lynne Nalchajian, have examined their plan to build a 1216" x 1410" two story addition. We support their petition to obtain a variance in order to build this addition. ww� �y�r w+ r s�ors.wn y prA�I ��v.u.ra� � � ,, � � :`�� i ., ( �� 11 � �1 J � ,ll 1' f �� ; j �� ,, � / � 1 ,�----� � � i 1 \\\� 1 \ �i 1' fj 1 5 .i t I �J� J � /� :,111' 94" 4 r lz 3/4'r�ytom,,,`.' N 00 Jj I D ji ON FT N 4 'ZIA .1. T. gg, �ff I I _R , GARAGE N STI M! .-ROAD A "'RIGM OF':", DT EUR EO, B.Yj,',E ISTJ 0 -ucSTANmOPE1 MAY, C C 'NCE 4 "511GHWAN MONUMEN 10 .,--,AE RE ...MONUMEN PAGE�5 9 ?: ".'VOLUME,13.'PAGE.'209,A.ND;VOLUME,'8;' Z: 4 tv 4 'TfiE ACERAGE SHOWN REPR fflE BOUNDARY. is" 41-f •:ADJUSTED PARCELSMIE AREA'I$)6ALCU TOP OF BANK, FIELD'LOCATED.A4Y,'2,3.'-1996'.. D B 12_6 �" - ORDINARY. LOW WATER MARK -(EC&,-,93') ASJ)EFINED MERCHANTS TRUST CO., TRUSTEE W BY THE ARMY CORPS OF:ENGINEER6..,.THIS.LINE- WAS.'..:! VOL. 364 PG. 465-470 FIELD LOCATED ON Ff ZO CA 0 ± 0.5 ACRES (TO TOP OF BANK) ^xv I-T 104 0 . _. . : .. I . . 5. THE PURPOSE OF.THIS PLAT'IS.'7' -0 0.'. - , O'DEPICT:'THE,'i"(it;�-;:�-:-�", 5rrolty) ± 0.8 ACRES (TO ORDINARY LOW WATER) to BOUNDARY ADJUSTMENT BETWEEN THE NALCHAJIAN:--.. 41 AND MERCHANTS TRUST CO., TRUSTEE -PARCELS.". C0 SEE NO rE 4 0 S. and M. SILVERMAN iD 6. THESE LOTS ARE IN THE RESIDENTIAL ONE' W. and L. NALCHAJIAN VOL. 139 PGS. 196-199 ZONING DISTRICT.. EXISTING HOUSE VOL, 121 PG.206-207 VOL. 120 PG. .487-,,488 7. .'THE WESTERLY PROPERTY LINE 'ISA'SSUMED TO'RUN PLAN VOL, 6 - PG. 597 ALONG THE ORDINARY -LOW -WATER, MARK OF LAKE ± 0.3 iACRES (TO TOP OF BANK) CHAMPLAIN.'.'-. - ± 0.5 ACRES.( TO ORDINARY LOW WATER) SEE NOTE 4 0 CD -TIE 88' TO ORDINARY f- CID pz-_1�1 -LOW WATER 1A EXISTING SEAWALL','. z 100' • CL LINE— _11EL TOP - -S 480 18'55" E 6 BANK 74' TO ORDI NARY LOW WATER Iq f p Iq AO '40 "�'_Co eD LAKE LEM Myl$m GRAPHIC SCALE IVOTE..-7 BOUNDARY ADJUSTMENT' PLAT.-. BETWEEN THE PROPERTIES 'OF - UST MERCHANTS TRUST CO"' TRUSTEE N;, AND I CERTIFY THAT THIS PLAT IS DA SED ON L N ALC-H AJ I A N CtiARLL$ 'RECORD RESEARct( nuo eviDENce. W I �LYNNE 1) Date. Ch'k'd. Revision - - -. - - % � .*..." *LARD -AND P. 0 THER PER MEN r INFORMA nA% AND INnON VERMO NT 0 FVISTIN GARAGE G CV1 SEAWALL OuNmi CONFORMS WITH THE REOUIREMENTS OF MUCLO V.S.A. 27 SEC17ON 14 03. 'Drawn by MHO Date JULY 1996 SHEET • qti o �;y p a��-CIVIL ENGINEERING 'ASSOCIATES';'; INC.' Scale,_.: hock,ed by C JLM ?SHELBURN VERMONT- 96163 L f t 4't CHA RL ES R. D M R.L.S. #216 _Approved by QRD Project No. No Text - IV Im )eo ,n�,r', WR City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7965 April 27, 1998 Scott Gardner 7 Kilburn Street Burlington, Vermont 05401 Re: Application For Zoning Variance Dear Mr. Gardner: 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 on Monday, May 11, 1998 at 7: 00 P.M. to consider the request for a variance. Please plan to attend this meeting 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 RWImcp 1 Encl #3 Appeal of rtexoo Development, Heidi Bushway, agent seeking a variance from Section 25.00 Dimensional re- 25.101 wetbacks 3 Sea tion 26.00 Non complying structures of the South Burlington Zoning Regu- lations. Request is for permission to construct a 20'x42' pump island can- opy to within nine (9) feet of the required front yard, located at Dattilio's Sunoco, 794 Shelburne Road. *4 Appeal of City of Bur- lington, Attorney Joseph Famhom agent, from a decision of the Assistant Administrative Officer in- vohArtg the use of the property located at 1150 Airport Drive. SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 117, title 24, V.S.A. the South Burlington Zoningg Board of Adjustment wdl hold a public hearing at the South Burlington Municipal Offices, Con- ference Room, 575 Dor- #5 Appeal of HCA Air-1 set Street, South Burling - craft Services, Eric' ton, Vermont on Monday, Knudson, agent seeking May 11, 1998 at 7:00 a variance from Section l P.M. to consider the 16.10 Permitted uses, following: and Section 26.00 Non; conforming uses, sub -I k1 Appeal of Champlain section 26.004 change of water District, Richard use - Section 26.65 Mul-' Pratt seeking a variance tiple uses of the Southi from Section 25.00 Di - Burlington Zoning Regu-; mensional requirements lations. Request is for' of the South Burlington j permission to occupy an Regulations. Request is existing 28,300 square for permission to con - foot structure with gen-11 struct a 7'x15' trans- eral office use (15,000� former to within thirty - square feet) - warehous- eight (38) feet and a 8 Ing and airport mainte- foot screening wall to ' nance uses (13,000 within thirty-three (33) square feet), located all feet of the required front the former "Air North I yard, located at the Peter Hanger", 1150 AirportIL. Jacob Water Treat - Drive. ' ment Facility, 403 Queen City Park Road. #2 Appeal of Rexbo Development, Inc., Heidi Bushway, agent seeking a variance from Section 25.00 Dimensional re- quirements sub -section ' 25.101 ssetbacks 6 Sec- tion 26.00 Non complying tt structures of the South I Burlington Zoning Regu- lations. Request is for ' permission to construct a 20'02' pump island can- opy to within seven (7) feet of the required front yard, located at Cham- plain Valley Sunoco, 1143 Williston Road. LEGAL 11 NOTICES Monommommmm *6 Appeal of Brian wax- er seeking appproval from Section 29.007 District boundary line ex- tension of the South Bur- lington Zoning Regula- tions. Request is for Permission to extend the commercial district boundary line fifty (50) feet easterly to comply with required setbacks and landscaping (screen- ing) requirements as set. forth under Section 25.108 Residential buffer strip, located at 1242 Shelburne Road. #7 Appeal of Willard and Lynne Nalcha)ian seek- ng a variance from Sec- n 26.002 Alterations to n complyingg structures Section 3.102 Bounda- es of Conservation/0- n Space District of the uth Burington Zoning egulatloris. Request is tlN permission to con- struct a 12.6xl4.0' addi- tion to a single family dwelling located within the setback require- ments from Lake Cham- E61n, located at 7 Austin 0lffve. 48 Appeal of Michtaki Ith seeking a variance Section 25.00 Di- ional requirements e South Burlington g Regulations. Re- quest is for permission to construct a 10'x16' deck to within twenty- two (22) feet of the re- quired front yard located a1,67 Brewer Parkway. Richard Ward, Zoning Administrative OfPcer Alkil 1998 � •� }* � � 662.a49� �aX.6 y a apt Memo Date: 4/20/98 To: South Burlington Zoning Board of Adjustment From: Scott Gardner RE: 7 Austin Drive: Will and Lynne Nalchajian's Proposed Addition Thank you for considering our request to build a 12'-6" X 14'-0" two story addition. The pertinent facts and circumstances are as follows: 1. The existing house, like many in the Barlett Bay area, was constructed 30' from the high water level. The house sits at an elevation of approximately 101' above sea level. 2. The addition would be built at an elevation of approximately 102' above see level on the side of the house farthest from the lake. The design and location minimize impact. The addition will not be visible from the lake. 3. The house has 3 bedrooms but only one full bath. The purpose of the addition is to add a full bath and expand an undersized dining room. 4. The elevation of the proposed addition when compared to the pictures of the existing house shows that the addition will actually improve the appearance of the house from the road. The house with the addition will still be smaller than the houses to the east and west of the Nalchajian's home and will certainly not be out of character for the neighborhood. 5. We ask that you grant a variance in this instance because the house location predates current zoning restrictions. To deny the addition of a bath and expanded dining room that will not be visible from the lake would be to deny the reasonable use of the property. Thank you again. Scott Gardner for Will and Lynne Nalchajian KIE:N-1 1 City of South Burlington Application to Board of Adjustment Date biI2_61n Applicant �jC9 L-_CLJ� Owner, leasee, agent Official Use APPLICATION # HEARING DATE FILING DATE FEE AMOUNT Address 7--f Cc Iiocs✓i,� SY- `KJ!i( x . � Telephone # Landowner U L"p JA r [".-, (tYK Address Q(�S Location and description of property Y 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 T ke, :52 1U{� �L Reason for appeal The 1 owing docum nts are =bmitted in support of the ppli at* r A Vt s ,le. _M'm t I, Inf Heating 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 Day of Week at to consider the following: Month and Dat� Time 7 Appeal of seeking a 114�4,c� P from Section o og -� �R / /1 i]/1 � O w �9 � A � / a /ems-'«"� � VKY •�� _ _ of the South Burlington Zoning Regulations. Request is for permission to