HomeMy WebLinkAboutMS-05-02 - Decision - 0320 Spear StreetCITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
.LAMES & ALICE BENSON — 320 SPEAR STREET
MISCELLANEOUS APPLICATION #MS-05-02
FINDINGS OF FACT AND DECISION
James Benson, Jr., hereafter referred to as the applicant, is seeking miscellaneous
approval to add 35 cubic yards of fill, 320 Spear Street. The Development Review
Board held a public hearing on July 19, 2005. James Benson, Jr. was present at the
meeting.
Based on testimony provided at the above mentioned public hearing and the plans and
supporting materials contained in the document file for this application, the Development
Review Board finds, concludes, and decides the following:
FINDINGS OF FACT
1. The applicant is seeking miscellaneous approval to add 35 cubic yards of fill, 320
Spear Street.
2. The owners of record of the subject property are James & Alice Benson.
3. The subject property is located in the Residential 4 (R4) Zoning District.
4. The plan submitted consists of a hand drawn plan depicting the lot, building, and
proposed berm prepared by the applicant.
This application shall be reviewed under Section 3.12 of the Land Development
Regulations.
The removal from land or the placing on land of fill, gravel, sand, loam, topsoil, or
other similar material in an amount equal to or greater than twenty (20) cubic
yards, except when incidental to or in connection with the construction of a
structure on the same lot, shall require the approval of the Development Review
Board. The Development Review Board may grant such approval where such
modification is requested in connection with the approval of a site plan, planned
unit development or subdivision plat. This section does not apply to the removal
of earth products in connection with a resource extraction operation.
Standards and Conditions for Approval:
(1) The Development Review Board shall review a request under this Section for
compliance with the standards contained in this sub -Section 3.12(B). An application
under Section 3.12(A) above shall include the submittal of a site plan, planned unit
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development or subdivision plat application showing the area to be filled or removed,
and the existing grade and proposed grade created by removal or addition of material.
The applicant submitted a plan, containing one (1) sheet showing the placement of the
fill on the subject property. This plan is sufficient to satisfy this requirement.
(2) The Development Review Board, in granting approval may impose any
conditions it deems necessary, including, but not limited to, the following:
(a) Duration or phasing of the permit for any length of time.
This requirement is not applicable to the subject application.
(b) Submission of an acceptable plan for the rehabilitation of the site at the
conclusion of the operations, including grading, seeding and planting,
fencing drainage, and other appropriate measures.
There are no "operations" being conducted on the site. The rehabilitation
measures are not necessary.
(c) Provision of a suitable bond or other security adequate to assure
compliance with the provisions of this Section.
This requirement is not necessary for the subject. application.
(d) Determination of what shall constitute pre -construction grade under
Section 3.07, Height of Structures.
The pre -construction height for future development will be the existing grade.
Other:
The average height of the fill is approximately 42". The mound of fill does not detract
from the view or aesthetics of neighboring properties. It does not proposes any safety
hazards. However, it must be noted that the mound is within the Spear Street public
Right -Of -Way. The South Burlington Department of Public Works has also viewed the
mound and notes that the applicant should be of full understanding that should the fill
ever need to be removed, it is fully within the city's right to do so without notice to the
applicant. It is also extremely likely that the location of the mound will be within a snow
deposition area.
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DECISION
Motion by seconded by
to approve Miscellaneous neous Application #MS-05-02 of James & Alice Benson subject to
ppJ
the following conditions:
1) All previous approvals and stipulations shall remain in full effect, except as amended
herein.
2) This project shall be completed as shown on the plan submitted by the applicant, and
on file in the South Burlington Department of Planning and Zoning.
3) The plan shall be revised to show the changes below and shall require approval of
the Administrative Officer. Three (3) copies of the approved revised plans shall be
submitted to the Administrative Officer prior to permit issuance.
a) The plan submitted should be revised to show the location of the Spear Street
right-of-way.
4) The applicant shall obtain a zoning permit within six (6) months pursuant to Section
17.04 of the Land Development Regulations, or this approval is null and void.
5) Any changes to the plan shall require approval of the South Burlington Development
Review Board.
Mark Behr —Ce /nay/abstain/not present
Chuck Bolton —penay/abstain/not present
John Dinklagenay/abstain/not present
Roger Farley —ay/abstain/not present
Larry Kupferm
nay/abstain/not present
Gayle Quimby — present
Motion carried by a vote of 6- U- d
Signed this day of July 2005, by
John Dinklage, Chair
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this
decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to
challenge this decision at some future time may be lost because you waited too long.
You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy;
finality).
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