HomeMy WebLinkAboutMS-09-01 - Decision - 0044 Country Club Driver
#MS-09-01
CITY OF SOUTH BURLINGTON
FINDINGS OF FACT AND DECISION
TERRY & BETHANY LIEBERMAN - 44 COUNTRY CLUB DRIVE
MISCELLANEOUS APPLICATION #MS-09-01
FINDINGS OF FACT AND DECISION
Terry & Bethany Lieberman hereafter referred to as the applicants, seek after -the -fact
approval to alter the existing grade by adding approximately 300 cubic yards of fill, 44
Country Club Drive.
A similar application was approved by the Board on May 22, 2008 (MS-08-01) which
involved adding 160 cubic yards to the subject property. This application requests
additional fill as the subject property is proposed to be enlarged by the addition of a
small piece of abutting land purchased by the property owner.
The Development Review Board held a public hearing on Tuesday, February 3, 2009.
Bethany Lieberman was present.
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 applicants seek after the fact approval to alter the existing grade by adding
300 additional cubic yards of fill, 44 Country Club Drive.
2. The owners of record of the subject property are Terry & Bethany Lieberman.
3. The subject property is located in the Residential 4 (R4) Zoning District.
4. The plans submitted consist of a two (2) page set of plans, page one (1) entitled,
"Before Construction Topographic Survey for Terry and Bethany Lieberman 44
Country Club Drive South Burlington, Vermont," prepared by Vermont Land
Surveyors, Inc., dated August 16, 2007, last revised on March 14, 2008.
Zoning District & Dimensional Requirements:
Table 1. Dimensional Requirements
R4 Zoning District
Re uired
Pro Deed
�l Min. Lot Size
9,500 S.F.
11,095 SF
Max. Building Coverage
20%
16%
�l Max. Overall Coverage
40%
21 %
♦ Front Setback
30 ft.
23.3 ft
♦ Side Setback
10 ft.
7 ft
�l Rear Setback
30 ft.
>30 ft
Max. Building Height
40 ft.
27 ft
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The structure on the subject lot was built in disaccord with the dimensional standards of the
district and in conflict with the issued zoning permit. The house was constructed
approximately seven feet from the northern property boundary, or three feet into the
required side setback. Previous owners also built a front entrance porch, with roof, within
the required front yard setback. This porch encroaches nearly seven (7) feet into the front
yard setback.
The applicant is addressing the side yard compliance issue as part of a separate
application. It is unclear what the action is regarding the front yard setback issue. Until the
violation is corrected, the property will remain on the violation list.
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:
(A) 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 two (2) sheets showing the placement of the
fill on the subject property. The plans depict the existing and proposed contours.
(B) 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.
The board 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.
There are no operations being conducted on the site and therefore this criterion
is not applicable.
(c) Provision of a suitable bond or other security adequate to assure
compliance with the provisions of this Section.
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(c) Provision of a suitable bond or other security adequate to assure
compliance with the provisions of this Section.
The board 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 plan submitted as part of this application includes placement of fill on the adjacent
property. There is an application in process which will include this property as part of the
subject property and all fill will then be on the subject property. The owner of the abutting
property has stated his knowledge and understanding of the application and subsequent
process.
rr �1 DECISION
Motion by VF't �?u�Nla seconded by to
approve Miscellaneous Applica 'on #MS-09-01 of Terry & Bethany Lieberm n, subject to
the following conditions:
1. All previous approvals and stipulations which are not superseded by this
approval shall remain in effect.
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, as
amended by the Development Review Board.
3. The pre -construction height for future development will be the existing grade.
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 change to the plan shall require approval by the South Burlington
Development Review Board or the South Burlington Administrative Officer.
Mark Behr — r~e ay/abstain/not presen
Matthew Birminneay/abstain/not
— yea/nay/abstain not resent
John Dinklage nay/abstain/not present
Roger Farley —Mresen
Eric Knudsen — a ay/abstain o
Peter Plumeau — ay/abstain/not present
Gayle Quimby — e nay/abstain/not present
Motion carried by a vote of S - v - v
Signed this day of February 2009, by
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r
John Dink age, Chair
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRECP 5 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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