HomeMy WebLinkAboutVR-97-0000 - Decision - 0056 Maryland Street (2)City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
FAX 658-4748
PLANNER
658-7955
October 15, 1997
Mr. & Mrs. Raymond LeClair
56 Maryland Street
South Burlington, Vermont 05403
Re: Zoning Appeal
Dear Mr. & Mrs. LeClair:
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 27,
1997 at 7:00 P.M. to consider your request for a zoning variance.
Please plan to attend this meeting and be prepared to address the
enclosed variance criteria. If you have any questions, please
don't hesitate to call me.
Very truly,
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Richard Ward,
Zoning Administrative Officer
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MEETING
The Zoning Board of Adjustments a quasi-judicial body empowered to hear appeals to the Zoning
Regulations. These regulations have the force and effect of law. It is the responsibility of you,
the petitioner, to present your documented arguments as to why the Board should grant a
variance in your case. The Board has little discretionary power and each of the following five
criteria must be met before the Board can grant a variance. Not one - three or four but all of the
following facts must be found by the Board before a variance can be granted. Please come
prepared to present all the facts necessary for the Board to make an objective and intelligent
decision. (Refer to Section 4468 of the Planning and Development act of 1969 for further
clarification.)
1. That there are unique physical circumstances or conditions, including irregularity narrowness
or shallowness of lot size or shape, or exceptional topography 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.
THE LOT SIZE IS IRREGULAR, 216 X 177. THE HOUSE IS NOT PLACED ON THE
LOT STRAIGHT; IT IS ON AN ANGLE: THEREFORE, IN PLANNING THE
ADDITION IT STARTS OUT 10 FEET AND ENDS UP 6 FEET FROM THE PROPERTY
LINE (SEE DRAWING) AS THE PROPERTY LINE GOES ON AN ANGLE.
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2. That because of such physical circumstances 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.
DUE TO THE EXISTING HOUSE'S POSITION ON THE LOT, THERE IS NO WAY TO
COME OFF THE BACK OF THE HOUSE STRAIGHT WITHOUT COMING CLOSER
TO THE LINE.
3. That such necessary hardship has not been created by the appellant.
I AM REPLACING AN EXISTING ROOM AND DECK. THIS WAS PART OF OUR
LIVING AREA. OUR ROOM WAS 14 x 15; OUR DECK WAS APPROXIMATELY 12 x
14. WE HAD PROBLEMS WITH CARPENTER ANTS AND DECIDED TO TEAR
DOWN EVERYTHING AND START OVER WITH A BASEMENT WHICH THE
PREVIOUS OWNER DIDN'T HAVE.
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 detrimental to the public welfare.
THE ADDITION IS FACING EVERYONE'S BACKYARD AND WILL BE AN ASSET
TO THE PROPERTY AS WELL AS OTHER PROPERTIES SURROUNDING THE
YARD.
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.
THE VARIANCE, IF GRANTED, WILL BE ONLY IN A SECTION OF THE
BACKYARD WHERE THERE ARE FENCES AND WILL NOT INTERFERE WITH
THE NEIGHBORS AND WILL BE MOSTLY ON THE BACK END OF THE HOUSE.
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City of South Burlington
Application to Board of Adjustment
Dates'
Applicant
Owner, leasee, agent
Address
Official Use
APPLICATION #
HEARING DATE
FILING DATE
FEE AMOUNT
Telephone #
Landowner '< I I/ Address
Location and description of property
Type of application check one: ( ) appeal from decision of Administrative
Officer ( ) request for a conditional use ( ) 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
Reason for appeal
The following documents are submitted in support of the application:
r
Hearing Date ign ure of Appellant
Do not write below this line
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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
Month and Date
Appeal of
Time
Day of Week
to consider the following:
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seeking a f/�•G�-►1 c-e-- from Sectioa' dG'
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of the South Burlington Zoning Regulations. Request is for permission to
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SOUTH BURLINGTON
ZONING NOTICE
In accordance with the
South Burlington Zoning
Reggulations and Chapter
117, Title 24. V.S.A., the
South Burlington Zoning
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,
October 27, 1997 at 7:00
P.M. to consider the
following:
#1 Appeal of Green
Mountain Animal Hospi-
tal, Paul Nestork agent
seeking a variance from
Section 25.00 Dimen-
sional requirements,
Section 25.107 Front
yard buffer and Section
26.003 Non conforming
use extension of. the
South Burlington Zoning
Regulations. Request is
for permission to con-
struct a 12'x25' addition
to within fifty five (55)
feet of the required front
yard, proposed addition
increases front yard cov-
erage to 50.8 percent
(maximum allowed 30
percent) located at 1693
Williston Road.
#2 Appeal of Raymond
and June Leclair seeking
a variance from Section
25.00 Dimensional re-
quirementaIof the South
Burlington Zoning Regu-
lations. Request is for
permission to construct a
22'x29' addition to within.
six (6) feet of the south-
erly property line located
at 6 Maryland Street.
#3 Appeal of Investor's
Corporation of Vermont
seeking approval from
Section 26.65 Multiple
uses of the South Bur-
lington Zoning Regula-
tions. Request is for per-
mission to convert an
existing structure (24,000
square feet) into general
office use (16,000 square
feet) and medical office
use (8,000 square feet)
on a lot containing ap-
proximately 44,500
square feet, located at
1775 Williston Road.
#4 Appeal of Evergreen
Investments, Inc., Tim
Burke agent seeking ap-
proval from Section
26.65 Multiple uses of
the South Burlington
Zoning Regulations. Re-
quest is for permission
to convert an existing
structure (11,200 square
feet) into general office
and medical uses on a
lot containing 45,689
square feet located at
1820 Shelburne Road.
Richard Ward,
Zoning Administrative
Officer
October 11, 1997
Eugene L. & Patricia A. Tofferi
44 Peterson Terrace
South Burlington Vt. 05403
Subject: New proposed addition to the Raymond & June Leclair's residence at 56
)AA kJ 14A o Street, South Burlington, Vermont.
We believe that the new addition as described to the Leclair's permanent residence
will not impair or adversely affect the surrounding neighborhood.
Signed: Eug ne L. Tofferi
Patricia A_ Tofferi
Date: T j 2�/_ 19 q
STATEMENT OF AGREEMENT
do hereby state that I do not have any problems with
Mrs. Leclair building an addition to her house on 56 Maryland Street, South Burlington,
Vermont.
i ature
Witness
MAILING ADDRESS - 3
46�z- z7�7
Date
Date
STATEMENT OF AGREEMENT
c/ do hereby state that I do not have any problems with
Mrs. Leclair building an addition to her house on 56 Maryland Street, South Burlington,
Vermont.
Signature
Witness
MAILING ADDRESS
Date
Date
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