HomeMy WebLinkAboutCU-04-08 - Supplemental - 0005 Mayfair StreetDEPARTMENT OF PLANNING & ZONING
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
(802) 846-4106
FAX (802) 846-4101
October 21, 2004
Harry Bliss & Kelly Miller
5 Mayfair Street
South Burlington, VT 05403
Re: Minutes — 5 Mayfair Street
Dear Mr. Bliss & Ms. Miller:
Enclosed, please find a copy of the minutes from the October 5, 2004
Development Review Board meeting.
If you have any questions, feel free to contact me.
Sincerely,
Betsy McDonough
Administrative Assistant
Encl.
DEVELOPMENT REVIEW BOARD
5 OCTOBER 2004
eliminating condition #11 which requires a mutual access easement to the
property to the north (University Inn):
Mr. Khouri reviewed the history and updated member on progress. A meeting was held
today with staff and Dufresne -Henry to work on issues. They agreed that the existing
location doesn't work. The city's traffic engineers will look at alternatives and report
back to the city.
Mr. Belair said safety issues will be evaluated as well as a pedestrian access alternative.
Mr. Khouri asked about the possibility of taking this issue out of the Kohl's permit and
making it a UMall issue. Kohl's temporary permit expires on 7 October. Mr. Belair
explained this can't be done.
Mr. Kupferman moved to continue Final Plat Application #SD-03-70 to 19 October. Ms.
Quimby seconded. Motion passed unanimously.
7. Continued Site Plan Application #SP-04-30 of Northern Builders, Inc., to
amend a previously approved plan for an 11,110 sq. ft. retail building. The
amendment consists of a 520 sq. ft. addition, 1717 Williston Rd:
The applicant was not present.
Ms. Quimby moved to continue the Site Plan Application #SP-04-30 to 19 October. Mr.
Farley seconded. Motion passed unanimously.
4 8. Public Hearing: Application #CU-04-08 of Harry Bliss and Kelly Miller for
conditional use approval under Section 14.10, Conditional Use Review, of the
South Burlington Land Development Regulations. Request is for permission
to allow a 6'x8; room and 4'x6' porch with stairs to encroach 10 feet beyond
the limitation allowed under Section 3.06(J)(2) of the Land Development
Regulations, 5 Mayfair Street:
Ms. Miller said they want to build a mud room on their house.
Mr. Boucher said the Board struggles with encroachments into front yard setbacks and
generally does not grant waivers.
Mr. Belair reviewed the history of the regulations and noted the applicant is applying
under a special provision. There is a provision to allow encroachment if other houses in
the area already encroach into the front yard setback. In this case, no houses encroach
into the setback and allowing this waiver could create a "domino" effect.
Mr. Boucher suggested moving the garage and recapturing that space.
Members felt they couldn't support the application.
-3-
DEVELOPMENT REVIEW BOARD
5 OCTOBER 2004
Ms. Quimby moved to approve application #CU-04-08 of Harry Bliss and Kelly Miller.
Mr. Kupferman seconded. There were no votes for approval and 4 votes to deny. The
motion was therefore deemed to have failed.
9. Site Plan Application #SP-04-32 of Paul G. Adams to amend a previously
approved plan for a 12,840 sq. ft. light manufacturing building. The
amendment consists of constructing a 7,010 sq. ft. addition, 1215 Airport
Parkway:
Ms. Adams said the addition is identical to what they have now. It will also improve
safety. The existing building would serve as the 41h wall for this addition.
Mr. Boucher said they will need to screen the dumpster. Ms Adams said it will be
relocated. Mr. Belair said it should not be visible from the street.
Staff is recommending a $1049 landscape credit and a 25% parking waiver.
Ms. Adams said this is a metal fabricating business. They are not expanding the
business, just getting more usable space for storage, etc. They will be no additional
employees.
Mr. Belair explained the traffic impact fee which is based on square footage and use.
Mr. Boucher noted a letter from Tom Hubbard regarding an easement for a potential rec
path in front of the building. The applicant was OK with this.
The motion was amended to add #3d as follows: The plan shall be revised to show a 20
foot recreation path easement along the front of the property. Condition # 13 was added
as follows: The applicant shall submit a legal document for the recreation path easement
to be approved by the City Attorney prior to issuance of a zoning permit.
Ms. Quimby moved to approve Site Plan application #SD-04-32 of Paul G. Adams
subject to the stipulations in the draft motion as amended above. Mr. Kupferman
seconded. Motion passed unanimously.
10. Sketch plan application #SD-03-66 of Randall Hart to subdivide a 52,690 sq.
ft. lot with a single family dwelling into two lots of 1) 13,000 sq. ft. (Lot #1)
and 2) 39,690 sq. ft. (Lot #2), 251 Shunpike Road:
Mr. Henson showed the location of the existing dwelling which would be Lot #1. It is
served by municipal water and sewer. He showed the existing driveway.
Mr. Boucher noted the City Engineer's comment on the ending of the sidewalk. He
suggests the sidewalk be continued along the front of the property line. Mr. Henson said
they is OK. They will have to relocate some shrubs.
CERTIFIED
MQT- RECEIPT
L,(Domestic
CITY OF SOUTH BUR'For
delivery information
visit websit-
DEPARTMENT ®F �3�AN1�TI1V( Ln
V 0
575 DORSET STREE m
Postage
$
' 7
UNIT ID: 4530
SOUTH BURLINGTON, VERM o
Certified Fee
(802) 846-4106 CO
FAX (802) 846-4101
Fee
Retum Red Pt
(EndorsementRequlmd)
`.
Postmark
Here
E=l
Restricted Delivery Fee
(Endorsement Required)
Glerk: B68WO
rr9
m
10/06/04
October 6, 2004
Harry Bliss
Kelly Miller
5 Mayfair Street
South Burlington, VT 05403
Re: Conditional Use Application #CU-04-08
Dear Mr. Bliss & Ms. Miller:
Total Postage & Fees
M
E3 ArPO'
o
,�� o
eox A l
- ---------------- -- ---- -- ---------------
_ ( ---
30U. June POC
Enclosed, please find a copy of the Findings of Fact and Decision regarding the
above referenced project. Please let us know if you have any questions.
Sincerely,
Betsy McDonough
Administrative Assistant
■ Complete items 1, �-, d 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
'e)
A. Signat
X ❑Agent
❑ Addressee
B. Recei ed by ( Printed Name) C. Date of Deli ry
D. Is delivery address different from item 1 . Ye
If YES, enter delivery address below: ❑ No
3. Sep Type
CJ Certified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number 7003 31,1,0 0001, 3598 4599
(Transfer from service label)
1o25g5-ot-M-o391
PS Form 3811 , August 2001 Domestic Return Receipt
UNITED STATES PC' "L SERVICE
111111 -irst-Class Mail
ostage &Fees Paid
SPS
Permit No. G-10
• Sender: Please print your name, address, and ZIP+4 in this box •
'--�)06 &Ac�' c
CITY OF SOUTH BURLINGTUi,
DEPARTMENT OF PLANNING & 7ONINO
575 DORSET STREET
SOUTH BURLINGTON, UFPMONT 05403
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING & ZONING
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
(802) 846-4106
FAX (802) 846-4101
October 1, 2004
Harry Bliss
Kelly Miller
5 Mayfair Street
South Burlington, VT 05403
Re: 5 Mayfair Street
Dear Mr. Bliss & Ms. Miller:
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, October 5, 2004 at 7:00 p.m. at the City Hall Conference Room, 575
Dorset Street.
If you have any questions, please give us a call.
Sincerely,
Betsy cDonough
Administrative Assistant
Encl.
udbsrcar oacxground otters les-
sons in guitar, theory and ear
training. Individualized, step-by-
step approach. I enjoy teaching
all ages/styles/levels. Call Rick
Belford at 864-7195.
GUITAR INSTRUCTION: Relaxed
yet disciplined arena. 20+ years
experience. No -pretense environ-
ment fosters technique and cre-
ativity. Beginners welcome. Refs.
avail. 802-877-3624.
PRIVATE GUITAR INSTRUC-
TION in Essex Jct. Beginner to
advanced. Many styles; seven -
string, electric, acoustic, bass.
872-8861. franky.andreas@
verizon.net.
TABLA DRUMMING: Study the
hand drumming of North India.
Pvt. Lessons and classes. All
ages. Tabla rental and repair.
Burlington and Montpelier. Gabe
Halberg, 802-229-9926,
www.tabta-vermont.com.
VIOLIN LESSONS with Tom
Charpentier. For all ages and
abilities. Experience the joy of
the four strings of the violin
vibrating in harmony under your
chin, right from the first lesson.
Impossible you say, call today.
Let me know that you saw this
ad and receive your first Lesson
free. For more information, call
Tom 434-4449.
► legals
CITY OF BURLINGTON
ORDINANCE 8.0
Sponsor: (Councilors Carleton,
Ellis: Ordinance Com.)
First reading: 05/10/04
Referred to: Ordinance
Committee
Second reading: 09/07/04
Action: adopted
Date: 09/07/04
Published: 09/15/04
Effective: 10/06/04
In the Year Two Thousand Four
An Ordinance in Relation to
Animals and Fowl
Use of Non -domesticated
Animals for Public Display
Prohibited
't is hereby Ordained by the
:ity Council of the City of
iurlington, as follows: That
:hapter 5, Animals and Fowl, of
he Code of Ordinances of the
ity of Burlington be and hereby
s amended by adding a new Sec.
-6 thereto to read as follows:
ec. 5-6 Use of Non -domesticated
nimals for Public Display
rohibited. (a) Purpose. This ordi-
ance is intended to assist in the
revention of the mistreatment of
Dn-domesticated animals used in
iy public display, to reduce risk
harm to the public from acci-
mts and incidents involving
ich animals. and to reduce the
rblic health risk associated with
ceases and pathogens carried by
ch animals.
) Definitions.
"Non -domesticated animals"
defined as Felidae (all wild
is and hybrids thereof,
sidae (all bears), Proboscideae
l elephants). and Non -human
mates and Prosimians.
play of Live non -domesticated
animals within t oo rate
Limits of the Cit ohibited.
*Material underlined added.
PUBLIC HEARING `
SOUTH BURLINGTON DEVEL-
OPMENT REVIEW BOARD
The South Burlington
Development Review Board will
hold a public hearing at the
South Burlington City Hall
Conference Room, 575 Dorset
Street, South Burlington,
Vermont on Tuesday, October 5,
2004, at 7:30 P.M. to consider
the following:
1. Application #CU-04-08 of
Harry Bliss & Kelly Miller for
conditional use approval under
Section 14.10, Conditional Use
Review of the South Burlington
Land Development Regulations.
Request is for permission to
allow a 6'x8' room and a 4'x6'
porch with stairs to encroach 10
feet beyond the limitation
allowed under Section 3.06(J)2)
of the Land Development
Regulations, 5 Mayfair Street.
2. Final plat application #SD-04-
65 of Daniel & Elspeth Tolan and
Veronique Dobson for a boundary
tine adjustment (minor subdivi-
sion) between 9 Tabor Place &
165 Holbrook Road.
3. Application #CU-04-09 of
Merchants Bank for conditional
use approval under Section 14.10
Conditional Use Review of the
South Burlington Land
Development Regulations.
Request is for permission to
exceed the 35 foot height [imita-
tion by 9.5 feet by installing two
(2) energy recovery ventilators on
the roof, 275 Kennedy Drive.
4. Preliminary plat application
#SD-04-67 and final plat applica-
tion #SD-04-68 of Mike Anderson
to subdivide a 14.12 acre parcel
into three (3) lots of 11.4 acres
(lot #1), 1.36 acres (tot #2), and
1.36 acres (lot #3), 1600
Hinesburg Road.
Copies of the applications are
available for public inspection at
the South Burlington City Hall.
John Dinktage, Chairman
South Burlington Development
Review Board
September 15, 2004
PUBLIC NOTICE
Vermont Agency of Natural
Resources
Department of Environmental
Conservation
Solid Waste Management Program
(SWMP)
All Cycle Waste, Inc. Transfer
Station
The public is hereby notified that
the SWMP has reviewed the appli-
cation for minor amendment of
_._.--._.., ....,y — ..wunuy
landowner or resident, is received
by the Secretary no later than
September 28, 2004.
Copies of the Application and
the Draft Certification are avail-
able for public inspection at the
offices of the Town of Williston
and at the SWMP by calling
(802) 241-3484 during normal
business hours. To request a
public informational meeting and
extension of the public comment
period or to submit comments
for this project, please contact
Jeff Bourdeau, Solid Waste
Management Program, 103 South
Main Street, Waterbury, Vermont
05671-0407, Telephone 241-
3484.
STATE OF VERMONT
CHITTENDEN SUPERIOR
COURT
CHITTENDEN COUNTY, SS.
DOCKET NO.S747-04 CnC
Argent Mortgage Company, LLC,
Plaintiff
V.
John E. Gregory and Christine A.
Gregory,
Rice Memorial High School and
Occupants residing at 31
Rivendell Drive,
Essex Junction, Vermont,
Defendants
SUMMONS & ORDER FOR
PUBLICATION
TO THE ABOVE NAMED DEFEW
DANT: John E. Gregory
You are hereby summoned and
required to serve upon Joshua B.
Lobe, Esq., plaintiffs attorney,
whose address is P.O. Box 4493, 35
King Street, Burlington, Vermont
05406, an Answer to plaintiff's
Complaint in the above entitled
action within forty-one (41) days
after the date of the first pubtica-
tion of this Summons, which is
November 1, 2004. If you fail to
do so, judgment by default will be
taken against you for the relief
demanded in the Complaint. Your
Answer must also be filed with the
Court. Unless otherwise provided
in Rule 13(a). Your Answer must
state as a Counterclaim any related
claim which you may have against
the plaintiff, or you will thereafter
be barred from making such claim
in any other action. YOUR
ANSWER MUST STATE SUCH A
COUNTERCLAIM WHETHER NOR
NOT THE RELIEF DEMANDED IN
THE COMPLAINT IS FOR DAM-
AGE COVERED BY A LIABILITY
INSURANCE POLICY UNDER
WHICH THE INSURER HAS THE
RIGHT OR OBLIGATION TO CON-
DUCT THE DEFENSE. If you
believe that the plaintiff is not
entitled to all or part of the claim
set forth in the Complaint, or if
you believe that you have a
Counterclaim against the plaintiff,
you may wish to consult an attor-
ney. If you feel that you cannot
afford to pay an attorney's fee, you
may ask the clerk of the Court for
information about places where
you may seek legal assistance.
Plaintiff's action is a Complaint
in Foreclosure which alleges that
dnu havp hr nrk.,1 ��-
It appearing from Affidavit duly
filed in the above entitled action
that service cannot be made
with due diligence by any of the
methods prescribed in V.R.C.P.
4(d) through (f) inclusive, it is
hereby ORDERED that service of
the above process shall be made
upon defendant, John E.
Gregory, by publication pursuant
to V.R.C.P. 4(g). This Order shall
be published once a week for
three consecutive weeks on
September 20, 2004; September
27, 2004; and October 4, 2004
in the Seven Days. A copy of
this Order shall be mailed to
defendant at his address if his
address is known.
DATED at Burlington, Vermont
this 9th day of September, 2004.
/s/ Richard W. Norton
Hon. Richard W. Norton,
Presiding Judge
Chittenden Superior Court
JB1155-90
► support groups
DON'T SEE A SUPPORT group
here that meets your needs? Call
United Way GET -INFO (a confi-
dential help line) 652-4636,
Monday -Friday, 8:30 a.m. - 4:30
p.m.
SURVIVORS OF SUICIDE:
Support group for those who
have lost a loved one to suicide.
Meets the 2nd Wednesday of
every month at the Holiday Inn
in South Burlington (1068
Williston Rd.), from 6-7:30 p.m.
For more information, please
contact Cory Gould, 223-4111 or
cgoutdll36@earthlink.net.
Sponsored by the American
Foundation for Suicide
Prevention -VT.
FREE WORKSHOP FOR SUR-
VIVORS OF SEXUAL VIOLENCE:
The Women's Rape Crisis Center is
offering a free workshop series
called "Considering the Uses of
Adversity: Self -Healing for
Survivors of Sexual Violence."
This series, designed and facili-
tated by Gwen Evans, will run
Tuesday evenings, October 5
through November 16. Info,
865-0555.
SEX AND LOVE ADDICTS
ANONYMOUS: 12-step recovery
group. Do you have a problem
with sex or relationships? We
can help. Sunday meetings, 7-
WEDNESDAYS CIRCLE: A
Transpersonal support group,
every Wed., 6 p.m., Innerharmor
Community Wellness Center, Rt.
10ON, Rochester, VT. 767-6092.
sharing circle focusing on persor
al growth, transformation, spiri-
tuality and healing, led by Jim
Dodds.
DISORDERED EATING SUPPOR'
GROUP: Do you struggle with
anorexia, bulimia, or binge eat-
ing? I am looking to start a sup-
port group to help others and
myself in moving forward on the
road to recovery. If you are inter
ested in joining a new discus-
sion/support group and are over
20 yrs, please email Jessica at
jesslyn6@yahoo.com. Together
we can make small steps forward
to a more fulfilling lifestyle.
DECLUTTERS SUPPORT GROUP:
Are you ready to make improve-
ments but find it overwhelming?
Maybe 2 or 3 of us can get
together to help each simplify.
453-3612.
PARENTS TOGETHER: Support
group wilt be meeting in Rutland
on Monday evenings. Snacks and
childcare provided. ALL groups
are free and confidential. Please
call Amy at 247-5460 for more
information.
WOMEN CHANGING: A continu-
ous educational support group
for women who are interested in
changing patterns in their lives.
Wednesdays -ongoing. 12:30-2
p.m. Call Angie at AWARE in
Hardwick, 472-6463.
SUPPORT GROUP FOR WOMEN
who have experienced intimate
partner abuse, facilitated by
Battered Women's Services and
Shelter of Washington County.
Please call 1-877-543-9498 for
more info.
REIKI SUPPORT GROUP: July
18, 1-3 p.m. Fletcher Free
Library, Burlington. All levels of
students and practitioners are
welcome. For more info., contact
Joan at 860-4673 or Lynn at
893-3064.
WANTED: Fellow painters to get
together bi-weekly for coffee and
to discuss our work. Support
each others creativity! Show
your work. Meet at local down-
town coffee shops. Call 658-
2976, if interested.
AHOY BREAST CANCER SUR-
VIVORS: Join our support group
where the focus is on living not
on the disease. We are a team of
CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING
DEVELOPMENT REVIEW BOARD Report preparation date: September 29, 2004
\drb\misc\miller\conditional_use.doc Application received: August 24, 2004
CONDITIONAL USE APPLICATION #CU-04-08
5 MAYFAIR STREET
Agenda #8 Meeting Date: October 5,2004
Owners/Applicants Property Information
Harry Bliss and Kelly Miller Tax Parcel 1140-00005-R
5 Mayfair Street Residential 4 (R4) Zoning District
South Burlinaton, VT 05403
PROJECT DESCRIPTION
Harry Bliss & Kelly Miller, hereafter referred to as the applicants, are seeking conditional
use approval under Section 14.10, Conditional Use Review, of the South Burlington
Land Development Regulations. Request is for permission to allow a 6'x8' room and
4'x6' porch with stairs to encroach 10 feet beyond the limitation allowed under Section
3.06(J)(2) of the Land Development Regulations, 5 Mayfair Street.
COMMENTS
Associate Planner Brian Robertson and Administrative Officer Ray Belair, referred to
herein as Staff, have reviewed the plans submitted on August 24, 2004 and have the
following comments.
CONDITIONAL USE CRITERIA
Pursuant to Section 14.10(E) of the Land Development Regulations, the proposed
conditional use shall meet the following standards:
1. The proposed use, in its location and operation, shall be consistent with the
planned character of the area as defined by the City of South Burlington
Comprehensive Plan.
Staff does not feel that the proposed project is in conflict with the planned character of
the area, as defined by the Comprehensive Plan.
2. The proposed use shall conform to the stated purpose of the district in which
the proposed use is located.
According to Section 4.03(A) of the Land Development Regulations, the Residential 4
Zoning District is formed to encourage residential use at moderate densities that are
compatible with existing neighborhoods and undeveloped land adjacent to those
neighborhoods.
The proposed addition will not affect density in the neighborhood, so it is not in conflict
with the stated purpose of the R4 Zoning District. However, the Land Development
Regulations require that structures in the R4 Zoning District maintain a 30' setback,
which this project would be in conflict with.
3. The Development Review Board must find that the proposed uses will not
adversely affect the following:
(a) The capacity of existing or planned municipal or educational facilities.
The proposed addition will not adversely affect municipal services.
(b) The essential character of the neighborhood or district in which the
property is located, nor ability to develop adjacent property for appropriate
uses.
2
Staff feels that the proposed addition does create the potential to adversely affect the
character of the neighborhood. Currently, the existing dwellings on this streets share a
common setback that creates a neighborhood feel. An encroachment into this setback
will allow other dwelling units in this neighborhood to encroach into the established
setback, under Section 3.06(J) of the Land Development Regulations. The domino
effect that could result from the proposed project would adversely affect the character of
the neighborhood.
(c) Traffic on roads and highways in the vicinity.
The proposed addition will not affect traffic in the vicinity
(d) Bylaws in effect.
The proposed addition is not in keeping with applicable regulations, specifically the front
yard setback requirements outlined in table C-2 of the Land Development Regulations.
(e) Utilization of renewable energy resources.
The proposed addition will not affect renewable energy resources.
(f) General public health and welfare.
The proposed addition will not have an adverse affect on general public welfare.
Pursuant to Section 3.13(F) of the Land Development Regulations, the proposed
conditional use shall meet the following standards:
The Development Review Board, in granting conditional use approval, may impose
conditions of the following:
1. Size and construction of structures, quantities of materials, storage locations,
handling of materials, and hours of operations.
Staff does not feel it is necessary to impose any of these conditions to the proposed
project.
2. Warning systems, fire controls, and other safeguards.
Staff does not feel it is necessary to impose any of these conditions to the proposed
project.
3. Provision for continuous monitoring and reporting.
Staff does not feel it is necessary to impose any of these conditions to the proposed
project.
4. Other restrictions as may be necessary to protect public health and safety.
Staff does not feel it is necessary to impose any of these conditions to the proposed
project.
Pursuant to Section 3.06(J)(3) of the Land Development Regulations, the proposed
conditional use shall meet the following standards:
Encroachment of a structure into a required setback beyond the limitations set forth in
(a) and (b) above may be approved by the Development Review Board subject to the
provisions of Article 14, Conditional Uses, but in no event shall a structure be less than
three (3) feet from a side or rear property line or less than five (5) feet from a front
property line. In addition, the Development Review Board shall determine that the
proposed encroachment will not have an undue adverse affect on:
(a) views of adjoining and/or nearby properties;
The proposed addition will not have an undue adverse affect on the views of adjoining
properties.
(b) access to sunlight of adjoining and/or nearby properties;
The proposed addition will not have an undue adverse affect on the access of sunlight of
adjoining properties.
(c) adequate on -site parking; and
The proposed addition will not have an undue adverse affect on adequate on -site
parking.
(d) safety of adjoining and/or nearby property.
The proposed addition will not have an undue adverse affect on the safety of adjoining
properties.
SITE PLAN REVIEW STANDARDS
Pursuant to Sections 14.06 and 14.07 of the Land Development Regulations, the
Dr000sed conditional use shall meet the following standards:
(a) The site shall be planned to accomplish a desirable transition from structure
to site, from structure to structure, and to provide for adequate planting, safe
pedestrian movement, and adequate parking areas.
The proposed project has been planned to accomplish a desirable transition from structure
to site and to provide for adequate planting, safe pedestrian movement. However, the
project's encroachment in to the setback will not allow the subject building to have a
desirable transition from the structure to structures on adjacent properties.
M
(b) Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
The parking spaces on this property are at an acceptable location for a single-family
dwelling.
(c) Without restricting the permissible limits of the applicable zoning district, the
height and scale of each building shall be compatible with its site and
existing or adjoining buildings.
The height of the building is in compliance with the Land Development Regulations and
no changes are proposed.
(d) Newly installed utility services and service modifications necessitated by
exterior alterations or building expansions shall, to the extent feasible, be
underground.
1. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility
lines, services, and service modifications shall be underground.
(e) The DRB shall encourage the use of a combination of common materials and
architectural characteristics, landscaping, buffers, screens and visual
interruptions to create attractive transitions between buildings of different
architectural styles.
Staff does not feel that any additional architectural characteristics, landscaping, buffers,
screens, or visual interruptions are necessary for the proposed project.
(1) Proposed structures shall be related harmoniously to themselves, the terrain,
and to existing buildings and roads in the vicinity that have a visual
relationship to the proposed structures.
Staff does not feel that the proposed addition will relate harmoniously to existing buildings
in the area.
(g) The reservation of land may be required on any lot for provision of access to
abutting properties whenever such access is deemed necessary to reduce
curb cuts onto an arterial of collector street, to provide additional access for
emergency or other purposes, or to improve general access and circulation
in the area.
Staff does not feel it is necessary to require any additional access easements as part of the
proposed project.
(h) Electric, telephone and other wire -served utility lines and service connections
shall be underground. Any utility installations remaining above ground shall
be located so as to have a harmonious relation to neighboring properties and
to the site.
Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines,
services, and service modifications shall be underground.
5
(i) All dumpsters and other facilities to handle solid waste, including compliance
with any recycling or other requirements, shall be accessible, secure and
properly screened with opaque fencing to ensure that trash and debris do not
escape the enclosure(s).
A dumpster is not part of the proposed project.
Q) Landscaping and Screening Requirements
Pursuant to Table 13-9 of the Land Development Regulations, the proposed project will
require a minimum of $300 of landscaping. The applicant is not proposing any additional
landscaping as part of this project.
RECOMMENDATION
Staff recommends that the Development Review Board deny Conditional Use application
#CU-04-08.
Respectfully submitted,
Brian Robertson, Associate Planner
Copy to: Harry Bliss and Kelly Miller, applicants
C01
I.
2 6
I�N
,
boom
Pooh
IN
H n A, d '
�0,,I
No Text
CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING
DEVELOPMENT REVIEW BOARD Report preparation date: September 29, 2004
\drb\misc\miller\conditional_use.doc Application received: August 24, 2004
CONDITIONAL USE APPLICATION #CU-04-08
5 MAYFAIR STREET
Agenda #8 Meeting Date: October 5,2004
Owners/Applicants Property Information
Harry Bliss and Kelly Miller Tax Parcel 1140-00005-R
5 Mayfair Street Residential 4 (R4) Zoning District
South Burlinqton, VT 05403
4 , m
1
PROJECT DESCRIPTION
Harry Bliss & Kelly Miller, hereafter referred to as the applicants, are seeking conditional
use approval under Section 14.10, Conditional Use Review, of the South Burlington
Land Development Regulations. Request is for permission to allow a 6'x8' room and
4'x6' porch with stairs to encroach 10 feet beyond the limitation allowed under Section
3.06(J)(2) of the Land Development Regulations, 5 Mayfair Street.
COMMENTS
Associate Planner Brian Robertson and Administrative Officer Ray Belair, referred to
herein as Staff, have reviewed the plans submitted on August 24, 2004 and have the
following comments.
CONDITIONAL USE CRITERIA
Pursuant to Section 14.10(E) of the Land Development Regulations, the proposed
conditional use shall meet the following standards:
1. The proposed use, in its location and operation, shall be consistent with the
planned character of the area as defined by the City of South Burlington
Comprehensive Plan.
Staff does not feel that the proposed project is in conflict with the planned character of
the area, as defined by the Comprehensive Plan.
2. The proposed use shall conform to the stated purpose of the district in which
the proposed use is located.
According to Section 4.03(A) of the Land Development Regulations, the Residential 4
Zoning District is formed to encourage residential use at moderate densities that are
compatible with existing neighborhoods and undeveloped land adjacent to those
neighborhoods.
The proposed addition will not affect density in the neighborhood, so it is not in conflict
with the stated purpose of the R4 Zoning District. However, the Land Development
Regulations require that structures in the R4 Zoning District maintain a 30' setback,
which this project would be in conflict with.
3. The Development Review Board must find that the proposed uses will not
adversely affect the following:
(a) The capacity of existing or planned municipal or educational facilities.
The proposed addition will not adversely affect municipal services.
(b) The essential character of the neighborhood or district in which the
property is located, nor ability to develop adjacent property for appropriate
uses.
2
Staff feels that the proposed addition does create the potential to adversely affect the
wharacter of the neighborhood. Currently, the existing dwellings on this streets share a
common setback that creates a neighborhood feel. An encroachment into this setback
will allow other dwelling units in this neighborhood to encroach into the established
setback, under Section 3.06(J) of the Land Development Regulations. The domino
effect that could result from the proposed project would adversely affect the character of
the neighborhood.
(c) Traffic on roads and highways in the vicinity.
The proposed addition will not affect traffic in the vicinity.
(d) Bylaws in effect.
The proposed addition is not in keeping with applicable regulations, specifically the front
yard setback requirements outlined in table C-2 of the Land Development Regulations.
(e) Utilization of renewable energy resources_
The proposed addition will not affect renewable energy resources.
(f) general public health and welfare.
The proposed addition will not have an adverse affect on general public welfare.
Pursuant to Section 3.13(F) of the Land Development Regulations, the proposed
conditional use shall meet the following standards. -
The Development Review Board, in granting conditional use approval, may impose
conditions of the following:
1. Size and construction of structures, quantities of materials, storage locations,
handling of materials, and hours of operations.
Staff does not feel it is necessary to impose any of these conditions to the proposed
project.
2. Warning systems, fire controls, and other safeguards.
Staff does not feel it is necessary to impose any of these conditions to the proposed
project.
3. Provision for continuous monitoring and reporting.
Staff does not feel it is necessary to impose any of these conditions to the proposed
project.
4. Other restrictions as may be necessary to protect public health and safety.
3
Staff does not feel it is necessary to impose any of these conditions to the proposed
project.
Pursuant to Section 3.06(J)(3) of the Land Development Regulations, the proposed
conditional use shall meet the following standards:
Encroachment of a structure into a required setback beyond the limitations set forth in
(a) and (b) above may be approved by the Development Review Board subject to the
provisions of Article 14, Conditional Uses, but in no event shall a structure be less than
three (3) feet from a side or rear property line or less than five (5) feet from a front
property line. In addition, the Development Review Board shall determine that the
proposed encroachment will not have an undue adverse affect on:
(a) views of adjoining and/or nearby properties;
The proposed addition will not have an undue adverse affect on the views of adjoining
properties.
(b) access to sunlight of adjoining and/or nearby properties;
The proposed addition will not have an undue adverse affect on the access of sunlight of
adjoining properties.
(c) adequate on -site parking; and
The proposed addition will not have an undue adverse affect on adequate on -site
parking.
(d) safety cf adjoining and/or nearby property.
The proposed addition will not have an undue adverse affect on the safety of adjoining
properties.
SITE PLAN REVIEW STANDARDS
Pursuant to Sections 14.06 and 14.07 of the Land Development Regulations, the
proposed conditional use shall meet the following standards:
(a) The site shall be planned to accomplish a desirable transition from structure
to site, from structure to structure, and to provide for adequate planting, safe
pedestrian movement, and adequate parking areas.
The proposed project has been planned to accomplish a desirable transition from structure
to site and to provide for adequate planting, safe pedestrian movement. However, the
project's encroachment in to the setback will not allow the subject building to have a
desirable transition from the structure to structures on adjacent properties.
4
(b) Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
The parking spaces on this property are at an acceptable location for a single-family
dwelling.
(c) Without restricting the permissible limits of the applicable zoning district, the
height and scale of each building shall be compatible with its site and
existing or adjoining buildings.
The height of the building is in compliance with the Land Development Regulations and
no changes are proposed.
(d) Newly installed utility services and service modifications necessitated by
exterior alterations or building expansions shall, to the extent feasible, be
underground.
1. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility
lines, services, and service modifications shall be underground.
(e) The DRB shall encourage the use of a combination of common materials and
architectural characteristics, landscaping, buffers, screens and visual
interruptions to create attractive transitions between buildings of different
architectural styles.
Staff does not feel that any additional architectural characteristics, landscaping, buffers,
screens, or visual interruptions are necessary for the proposed project.
(f) Proposed structures shall be related harmoniously to themselves, the terrain,
and to existing buildings and roads in the vicinity that have a visual
relationship to the proposed structures.
Staff does not feel that the proposed addition will relate harmoniously to existing buildings
in the area.
(g) The reservation of land may be required on any lot for provision of access to
abutting properties whenever such access is deemed necessary to reduce
curb cuts onto an arterial of collector street: to provide additional access for
emergency or other purposes, or to improve general access and circulation
in the area.
Staff does not feel it is necessary to require any additional access easements as part of the
proposed project.
(h) Electric, telephone and other wire -served utility lines and service connections
shall be underground. Any utility installations remaining above ground shall
be located so as to have a harmonious relation to neighboring properties and
to the site.
Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines,
services, and service modifications shall be underground.
5
(i) All dumpsters and other facilities to handle solid waste, including compliance
with any recycling or other requirements, shall be accessible, secure and
properly screened with opaque fencing to ensure that trash and debris do not
escape the enclosure(s).
A dumpster is not part of the proposed project.
U) Landscaping and Screening Requirements
Pursuant to Table 13-9 of the Land Development Regulations, the proposed project will
require a minimum of $300 of landscaping. The applicant is not proposing any additional
landscaping as part of this project.
RECOMMENDATION
Staff recommends that the Development Review Board deny Conditional Use application
#C U-04-08.
Respectfully_ submitted,
Brian Robertson; Associate Planner
Copy to: Harry Bliss and Kelly Miller, applicants
R
1004
Permit Number 6 6f -J Y - d 6
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
(iWRequest for a variance
( ) Other
PROVISION OF ZONING ORDINANCE IN QUESTION (IF ANY) N
WHAT ACTION OF THE ADMINISTRATIVE OFFICER ARE YOU APPEALING?
1) OWNER OF RECORD (Name as shown on deed, mailing address, phone and fax
2) LOCATION OF LAST RECORDED DEED (Book and page e 0"i
3) APPLICANT
,5 K L,.,,, F
4) CONTACT PERSON
_s Vk, - , -,, , r,
mailing address, phone and fax #
mailing address,
PROJECT STREET ADDRESS:
5
and fax #)
6) TAX PARCEL ID # (can be obtained at Assessor's Office) 11 go - 0UDU 5
11,55
seOa> Z " -5S l
7) PROJECT DESCRIPTION 1
a) Existing Uses On Property (including description and size of each separate use)
b) Proposed Uses On property (include description and size of each new use and existing uses to remain)
c) Total eftilding square footage On roperty (proposed buildings and existing buildings to remain)
l 5 rz
>c� Pure
d) Height Of building & number of floors (proposed buildings and existing buildings to remain, specify if basement
and mezzanine) a
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)
',--I N
g) Other (list any other information pertinent to this application not specifically requested above,
please note if Overlay Districts are applicable):
8) LOT COVERAGE
a) Building: Existing / ,3 % Proposed %
b) Overall (building, parking, outside storage, etc)
Existing �D % 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: $
c) Other site improvements (please list with cost):
,a , vciU . Oa
10) ESTIMATED TRAFFIC
a) Average daily traffic for entire property (in and out):
b) A.M. Peak hour for entire property (in and out): P A`
c) P.M. Peak hour for entire property (In and out): N I\
11) PEAK HOURS OF OPERATION: N tN � r,-
12) PEAK DAYS OF OPERATION: k/ I \(—
13) ESTIMATED PROJECT COMPLETION DATE: j `f
14) LIST ABUTTERS ( List names and addresses of all abutting property owners on a separate sheet
of paper).
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.
i
Do not write below this line
DATE OF SUBMISSION: v P 0
REVIEW AUTHORITY: Development Review Board ❑ Director, Planning & Zoning
I have reviewe this site plan application and find it to be:
zComplete ❑ Incomplete
RECEIVED
AUG 2 4 2004
City of So. Burlington
of Planning & Zoning or Designee
br
4
Abutters
Wendy Everheart
3 Mayfair Street
South Burlington, VT 05403
Jill Meyers
7 Mayfair Street
South Burlington, VT 05403
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING & ZONING
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
(802) 846-4106
FAX (802) 846-4101
September 15, 2004
Wendy Everheart
3 Mayfair Street
South Burlington; VT 05403
Dear Property Owner:
Enclosed is a copy of a public notice published in Seven Days. It includes an
application for development on property located near your property. This is being
sent to you to make you aware that a public hearing is being held regarding the
proposed development.
If you would like to know more about the proposed development, you may call
this office at 846-4106, stop by during regular office hours, or attend the
scheduled public hearing.
Sincerely,
Betsyk4c onough
Administrative Assistant
Encl.
CITY OF SOUTH BURLINGTO 1
DEPARTMENT OF PLANNING & ZONING
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
(802) 846-4106
FAX (802) 846-4101
September 15, 2004
Jill Meyers
7 Mayfair Street
South Burlington, VT 05403
Dear Property Owner:
Enclosed is a copy of a public notice published in Seven Days. It includes an
application for development on property located near your property. This is being
sent to you to make you aware that a public hearing is being held regarding the
proposed development.
If you would like to know more about the proposed development, you may call
this office at 846-4106, stop by during regular office hours, or attend the
scheduled public hearing.
Sincerely,
Bets `bl�Donou h
Y g
Administrative Assistant
Encl.
-���1,yo� h-1k)VA