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Home My WebLink AboutMS-05-02 - Supplemental - 0320 Spear StreetCITY OF SOUTH BURLINGTOI'�]- DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 August 18, 2005 James Benson, Jr. 320 Spear Street . South Burlington, VT 05403 Re: Minutes Dear Mr. Benson: For your records, enclosed is a copy of the minutes from the July 19, 2005 Development Review Board meeting. If you have any questions, feel free to contact me. Sincerely, "V Betsy Mc onough Planning & Zoning Assistant Encl. DEVELOPMENT REVIEW BOARD 19 JULY 2005 Mr. Goss said they are trying to create a model of storm water management with landscaping. He showed the location of a retention pond. There will be no artificial structures. The pool will be 3-4 feet deep and can come up 3-4 feel more in a storm incident. It is built to accommodate a 100-year storm. Mr. Dinklage asked about safety for passers by. Mr. Goss said the planting will be dense enough so you don't blunder into it. Mr. Gordon showed the location of existing fencing as well. The applicant asked to combine preliminary and final plats. Mr. Dinklage said this would be at their own risk. 10. Public Hearing: Application #CU-05-12 of Beverly Amblo for Conditional Use Approval under Section 14.10, Conditional Use review, of the South Burlington ]Land Development Regulations. The request is for permission to add a 474 sq. t't. accessory residential unit, 23 Butler Drive: Mr. Belair said an additional parking space will have to be shown. Ms. Amblo said she had spoken to neighbors who have no objections. Mr. Dinklage reminded the applicant there can be no home business in the accessory unit. Ms. Quimby moved to approve Appiication CU-05-12 of Beverly Amblo subject to the stipulations in the draft motion. Mr. Kupferman seconded. Motion passed unanimously. I iscellaaneous Application #MS-05-02 of James Benson, Jr. to add 35 cubic yards of fill, 320 Spear Street: Mr. Dinklage noted the fill has already been put it. Mr. Benson said he wasn't aware of the regulation. Mr. Belair said this is a city right-of-way and it will have to be shown as such. The city could remove the fill if necessary. If the plants in the area die, the city is not responsible. Mr. Dinklage asked why the fill was put in. Mr. Benson said for privacy, sound control and aesthetics. He said the highest point is 42' inches. M DEVELOPMENT REVIEW BOARD 19 .DULY 2005 Ms. Quimby moved to approve Application #MS-05-02 of James Benson, Jr., subject to the stipulations in the draft motion. Mr. Bolton seconded. Motion passed unanimously. Following the last hearing, Mr. Belair gave members information on a recent court decision which said that a Board does not have to provide to applicants or to the public opinions from the City Attorney to the Board. As there was no further business to come before the Board, the meeting was adjourned at 9:20 p.m. Clerk Date -7- Ify CITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD drb\misc\benson\m isc-fill. doc #12 DEPARTMENT OF PLANNING & ZONING Report preparation date: July 6, 2005 Application received: June 20, 2005 James and Alice Benson Miscellaneous Application #MS-05-02 Meeting date: July 19, 2005 Applicants/Owners Property Information James and Alice Benson Tax Parcel 1640-00320 320 Spear Street R4 District South Burlington, VT 05403 .26 Acres Location Map CITY OF SOUTH BURLINGTON 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING 1drblmiscicrookldormer.sr .doc James Benson, Jr., hereafter referred to as the applicant, I seeking miscellaneous approval to add 35 cubic yards of fill, 320 Spear Street. The applicant has placed more than 20 cubic yards of fill on the property without approval and a zoning permit. Staff advised the applicant to apply to the Development Review Board for approval. Associate Planner Cathyann LaRose and Administrative Officer Ray Belair have reviewed the plans submitted on June 20, 2005 and have the following comments. 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 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. Staff does not feel this requirement is 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. CITY OF SOUTH BURLINGTON 3 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \d rb\m iscicrook\d orm er. srp. doc There are no "operations" being conducted on the site, so staff does not feel that the rehabilitation measures are necessary. (c) Provision of a suitable bond or other security adequate to assure compliance with the provisions of this Section. Staff does not feel this requirement will be 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". Staff has viewed the mound of fill and feels that it does not detract from the view or aesthetics of neighboring properties. Staff does not feel that it 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. 1. The plan submitted should be revised to show the location of the Spear Street right-of-way. RECOMMENDATION Staff recommends that the DRB approve miscellaneous application #MS-05-02 subject to the applicant addressing the numbered items above. Respectfully submitted, 4--- Cathyan LaRose, Associate Planner Copy to: James & Alice Benson, Applicants l5& f a.' �P�.AR STR 2.�T L-1 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLATIiNHrG & Z011NG 575 DOR SET STREET SOUTH EURLINGTON, VERMONT 05408 (802) 846-4106 FAX (802) 846-4101 July 14, 2005 James Benson, Jr. 320 Spear Street South Burlington, VT 05403 Re: 320 Spear Street Dear Mr. Benson: Enclosed is the agenda for next Tuesday's Development Review Board meeting and staff comments to the Board. Please be sure that someone is at the meeting on Tuesday, July 19, 2005 at 7:30 p.m. at the City Hall Conference Room, 575 Dorset Street. If you have any questions, please give us a call. Sincerely, 0- nnj--� Betsy McDonough Planning & Zoning Assitant Encl. CITY OF SOUTH BUJRLINGM!�,T DEPARTMENT OF PIL APdNfNG &'a ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 July 20, 2005 James Benson, Jr. 320 Spear Street South Burlington, VT 05403 Re: Miscellaneous Application #MS-05-02 Dear Mr. Benson: Enclosed, please find a copy of the Findings of Fact and Decision of the above referenced project approved by the Development Review Board on July 19, 2005 (effective July i9 , 2005). Please note the conditions of approval, including that the applicant shall obtain a zoning permit within six (6) months of this approval or this approval is null and void. If you have any questions, please contact me. Sincerely, c� Betsy Donough Administrative Assistant Encl. ME Permit Number AS -- APPLICATION FOR THE DEVELOPMENT REVIEW BOARD All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the site plan will result in your application being rejected and a delay in the review before the Development Review Board. I understand the presentation procedures required by State Law (Section 4468 of the Planning & Development Act). Also that hearings are held twice a month . 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 hearing. Type of application check one: ( ) Appeal from decision of Administrator Officer (includes appeals from Notice of Violation) ( ) Request for a conditional use ( ) Request for a variance (Jrother PROVISION OF ZONING ORDINANCE IN QUESTION (IF ANY) WHAT ACTION OF THE ADMINISTRATIVE OFFICER ARE YOU APPEALING? Al /ft 1) OWNER OF RECORD (Name as shown on deed, mailing address, phone and fax #) 01 2) LOCATION OF LAST RECORDED DEED (Book and page # 3) APPLICANT (Name, mailing address, phone and fax 4) CONTACT PERSON (Name, mailiU address, phone and fax 6) TAX PARCEL ID # (can be obtained at Assessor's Office) ! la 10 — lj D,3.,)-b 7) PROJECT DESCRIPTION a) Existing Uses on Property (including description and size of each separate use) s-InA IL &6610 b) Proposed Uses Uses on property (include description and size of each new use and eexis(t'ing uses to remain) `? a ` 6 u, s L �7 „ WI J 1 c) Total building sq re footage oA property (proposed buildings and exis mg buildings to remain) N Shed Orodryfu "15klsa heusC. y(o x2y d) Height of building & number of floors (proposed buildings and existing buildings to remain, specify if and mezzanine) { „ b A- / 1p1eo r -') n 0 C11l MF-S 4v 04S h kQ e) Number of residential units (if applicable, new units and existing units to remain) f) Number of employees & company vehicles (existing and proposed, note office versus non -office employees) g) Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable): Mat'" ro"V r" OPQaV. 35 (A ardz 6 ff, tl oLrid I s 'QrV\.( 8) LOT COVERAGE hD Chanys 4v 10k CoU"OL9c a) Building: Existing % Proposed % b) Overall (building, parking, outside storage, etc) Existing % Proposed % c) Front yard (along each street) Existing % Proposed % (does not apply to residential uses) 2 9) COST ESTIMATES a) Building (including interior renovations): $ b) Landscaping: $ tv(20 c) Other site improvements (please list with cost): 10) ESTIMATED TRAFFIC a) Average daily traffic for entire property (in and out): b) A.M. Peak hour for entire property (in and out): c) P.M. Peak hour for entire property (In and out): 11) PEAK HOURS OF OPERATION: 12) PEAK DAYS OF OPERATION: 13) ESTIMATED PROJECT COMPLETION DATE: 14) LIST ABUTTERS ( List names and addresses of all abutting property owners on a separate sheet of paper). S Cr- X+VChC d 3 ) I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. SIGNATURE OF SIGNATURE OF PRO Do not write below this line DATE OF SUBMISSION:/ao ) b-�- REVIEW AUTHORITY: P- Development Review Board ❑ Director, Planning & Zoning I have reviewed this ite plan application and find it to be: Complete ❑ Incomplete &/alas - of Planning & Zoning or Designee Date 4