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HomeMy WebLinkAboutMS-06-05 - Supplemental - 0049 Barrett Streetl CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 July 27, 2006 Mark Judge 23 Richard Terrace South Burlington, VT 05403 Re: 49 Barrett Street Dear Mr. Judge: 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, August 1, 2006 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, "V Betsy eDonough Planning & Zoning Assistant Encl. C DEVELOPMENT REVIEW BOARD 1 AUGUST 2006 Ms. Quimby moved to approve Preliminary Plat Application #SD-06- #SD-06-67 of City of Burlington/Burlington International Airport s stipulations in the draft motion. Mr. Farley seconded. Motion pa ed and Final Plat j ect to the unanimously. 7. Public Hearing: Final lat Application #SD-06-58 f Lund Family Center to amend a planned unit d elopment of 210 resid tial units, a 61-room hotel, a 20,000 sq. ft. movie thea r building (1000 s ts), a 22,500 sq. ft. restaurant/ medical office/personal inst ction school ilding, a 3500 sq. ft, restaurant with drive -through service, a d a bank w' h drive -through service. The amendment consists of: 1) esta ishing 52 sq. ft. of day care facility use (28 children maximum), and 2) redu in a square footage of personal instruction use from 2150 t0 1914 . ft., 7 Fayette Road: Mr. Belair noted that the Lund Family C nter 1 be using this space temporarily. This results in a 6-space reduction at the pe hour for arking. Ms. Quimby moved to approve Fi Plat Application -06-58 of Lund Family Center subject to the stipulations in the raft motion. Mr. Farley se nded. Motion passed unanimously. (8)Miscellaneous Application #MS-06-05 of Mark Judge to construct a 10'x12' deck to project 13 feet into the front setback, 49 Barrett Street: Ms. Quimby stepped down due to a conflict of interest. Mr. Judge said the existing concrete slab is deteriorating. When they made the deck a little bigger than the slab, they ran into a setback problem. Mr. Dinklage suggested they could turn the stairs to come off the side of the porch. He noted there is a 30-foot setback, and this plan would violate that. Mr. Judge felt it just looks better this way and would enhance the value of the house. There would be no screened in porch. There is only one neighbor who hasn't complained. Mr. Dinklage noted that staff recommends denial as the property is usable as currently built. The slab could be rebuilt to its existing dimensions. Mr. Judge noted that the house is already located in the setback. Mr. Belair said the setback is 55 ft. from the center of the street. The house is now 46 ft., and what is proposed would be 42 ft. This would also mean more structure within the setback. Mr. Bolton moved the Board approve Miscellaneous application #MS-06-05 of Mark Judge. Mr. Farley seconded. The vote on the motion was 0-5, and the application was deemed to have been denied. Ms. Quimby rejoined the Board. -4- 11 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 August 2, 2006 Mark Judge 23 Richard Terrace South Burlington, VT 05403 Re: 49 Barrett Street Dear Mr. Judge: Enclosed, please find a copy of the Findings of Fact and Decision of the above referenced project . If you have any questions, please contact me. Sincerely, A* C Betsy McDo ough Planning & Zoning Assistant Encl. CERTIFIED MAIL RETURN RECEIPT: 7005 3110 0004 4484 7583 l CITY OF SOUTHB URLINGTON DEPARTMENT OF PLANNING & ZONING DEVELOPMENT REVIEW BOARD Report preparation date: July 28, 2006 \drb\misc\mostyn\misc.doc Plans received: July 18, 2006 MISCELLANEOUS APPLICATION #MS-06-05 MOSTYN- 49 BARRETT STREET A enda # 8 Meeting date: Au st 1, 2006 Owner Property Information Anne Mostyn Tax Parcel 0120-00049 49 Barrett Street Residential 4 (R4) Zoning District So. Burlington, VT 05403 Location Ma CITY OF SOUTH BURLINGTON 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\misc\clements\conditional use.doc PROJECT DESCRIPTION Mark Judge, hereafter referred to as the applicant, is seeking miscellaneous approval to construct a 10'x12' deck to project twelve (12) feet into the front setback requirement, 49 Barrett Street. Associate Planner Cathyann LaRose, and Administrative Officer Ray Belair, referred to herein as Staff, have reviewed the plans submitted on July 18, 2006 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 addition 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. Staff feels that the proposed addition does create the potential to adversely affect the character of the neighborhood. Currently, the existing dwellings on this street 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 I CITY OF SOUTH BURLINGTON 3 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING ldrb\misc\clements\conditional use.doc 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. (0 General public health and welfare. The proposed addition will not have an adverse affect on general public welfare. Pursuant to Section 3.060)(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; 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. ( CITY OF SOUTH BURLINGTON 4 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drblmisc\clements\conditional use.doc RECOMMENDATION Staff recommends that the Development Review Board deny Miscellaneous application #MS-06- 05, as submitted. Respectfully submitted, L1A0zV)C)6m� CathyanreLaRose, Associate Planner Copy to: Mark Judge, applicant Anne Mostyn, property owner SOUTH BURLINGTON PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802)846-4io6 September 7, 2006 Mark Judge 23 Richard Terrace South Burlington, VT 05403 Re: DRB Minutes - 49 Barrett Street Dear Mr. Judge: For your records, enclosed is a copy of the approved minutes from the August 1, 2006 Development Review Board meeting. If you have any questions, feel free to contact me. Sincerely, V Betsy McDonough Planning & Zoning Assistant Encl. CITY OF SOUTH BURLINGTON Interested Persons Record and Service List Under the 2004 revisions to Chapter 117, the Development Review Board (DRB) has certain administrative obligations with respect to interested persons. At any hearing, there must be an opportunity for each person wishing to achieve interested person status to demonstrate compliance with the applicable criteria. 24 V.S.A. § 4461(b). The DRB must keep a written record of the name, address and participation of each person who has sought interested person status. 24 V.S.A. § 4461(b). A copy of any decision rendered by the DRB must be mailed to every person or body appearing and having been heard by the DRB. 24 V.S.A. § 4461(b)(3). Upon receipt of notice of an appeal to the environmental court, the DRB must supply a list of interested persons to the appellant in five working days. 24 V.S.A. § 4471(c). HEARING DATE: 64.5 ! / db� NAME MAILING ADDRESS PROJECT OF INTEREST pe &oq /33 f- 619�< eo u K(N Ii 0 p l -Z' (tom g D1 trC -5:.r a ' VJ 1 r) oosy- < ` °"S-Lfdl ��1►,� �� ui &Syot 0 P.-96 y� 5& -t. osLz- �juj �IrA9TCe- F':' '5"* n2z� r So �v lZLCIJCr'A--� � ( �s-✓L�Z�C ft SG �-�-� 0,(at6 � JJ a� 000 lc-*��- () Ilk �� o C-CA rraN ( f u rI �-� 12,'--.4' -(DWO3 OCCAe 1 c('cl�ara �{h�rr'1 t-4 err ("4- Is E ocw 4 zo - Lovuee— In E-XA.j qbl ' CM QJ of 645 4t) if1'►lAe J SW- M c1di� C� t Dm , I Gaca� c, O c t�y Lines CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 Permit # _a�_vS 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 the hearing. Type of application (check one): ( ) Appeal from decision of the Administrative Officer (includes appeals from Notice of Violation ( ) Request for a conditional use ( ) Request for a variance Other PROVISION OF ZOO GAORDINANCEIN QUESTION (IF ANY): WHAT ACTION OF THE ADMINISTRATIVE OFFICER ARE YOU APPEALING ? N ^ 1) OWNER OF RECORD (Name as shown on deed, mailing address, phone & fax #): A /0 ,v IR M ©a-T `/ .0 A 2) LOC TION OF LAST RECORDED DEED (book &page #) 36C 3) APPLICANT (name, mailing address, phone and fax #) a 4) CONTACT PERSON (person who will receive staff correspondence. Include name, mailing address, phone & fax # if different from above): S iq .-;": C .14 S LA /14 __� L 5) PROJECT STREET ADDRESS: 6) TAX PARCEL ID #: Gbb q q 7) PROJECT DESCRIPTION A. Existing Uses on Property (including description and size of each separate use): A-0r r t' k d ca- c k i C) B. Proposed Uses on Property (include description and size of each new use and existing uses to remain): %-1 Ci v j f' W C1 6 .$ C e ✓ C <- A ee" d e? C 2/ C. Total building square footage on property (proposed buildings & existing building to remain): , � 1 a 417 V,btEh P44 D. Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement & mezzanine): 3` A A � E. Number of residery al Units (if applicaple, new units & existing units to remain): F. Number of employees & companW vehicles (existing & proposed, note office vs. non -office employees): i✓/ a G. Other (list any other information pertinent to this application not specifically requested above, please note if overlay districts are applicable): ft//r4 8) LOT COVERAGE A. Total parcel size: , AL3 c;2 Sq. Ft. B. Buildings: Existing % / i o 1? -2 Sq. Ft Proposed % / Sq. Ft C. Overall impervious verage (building, parking, outside storage, etc) 1(v.q'% Existing :=�%/ �,2 Sq. Ft. a'3°i -V+L z 0. g7: Proposed % Sq. Ft.+► zo = 7�� f� D. Total area to be disturbed during construction: Sq. Ft. * * Projects disturbing more than one-half acre of land must follow the City's specifications for erosion control in Article 16 of the Land Development Regulations. Projects disturbing more than one acre require a permit from the Vermont Department of Environmental Conservation. 9) COST ESTIMATES A. Building (including interior renovations): $ / 00 B. Landscaping $ 0 C. Other site improvements (please list with cost): /Q A i / i fv iat, � / /` A c A C_ o 7, D N C /c / /V 4- -,J d / / .CJ' E} 4--, O /h A�? O T / T C, 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 ABUTTING PROPERTY OWNERS: (list names and address of all abutting property owners, including those across any street or right-of-way. You may use a separate sheet of paper if necessary): 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. SIGNATUR APP ICAe SIG TURE OF PROPERTY O\/ ER Do not write below this line DATE OF SUBMISSION: REVIEW AUTHORITY: 2-1-Development Review Board ❑ Director, Planning & Zoning I have reviewed this application and find it to be: U' COMPLETE ❑ Incomplete Y � b rector of Planning & Zoning or Designee Date 11 EXHIBIT A SITE PLAN The following information must be shown on the plans. Please submit five (5) copies and one reduced copy (I I" x 17") of the plan. Failure to provide the following information will result in your application being rejected and a delay in the review before the Development Review Board. o Lot drawn to scale (20 feet scale if possible). o Survey data (distance and acreage). o Contours (existing and finished). o Proposed landscaping schedule (number, variety, and size) as required in Section 13.06(G) of the Land Development Regulations. o Location of streets, abutting properties, fire hydrants, existing buildings, existing landscaping. o Existing and proposed curb cuts, pavement, walkways. o - Zoning boundaries. o Number and location of parking spaces (as required under Section 13.01(b) of the Land Development Regulations). o Number and location of handicapped spaces (as required under Section 13.01(I) of the Land Development Regulations). o Location of septic tanks (if applicable). o Location of any easements. o Lot coverage information: Building footprint, total lot, and front yard. o North arrow. o Name of person or firm preparing site plan and date. o Exterior lighting details (cut sheets). All lights should be down casting and shielded. o Dumpster locations (dumpsters must be screened). o Bicycle rack as required under Section 13.01(G)(5) of the Land Development Regulations. o If restaurant is proposed, provide number of seats and square footage of floor area provided for patron use but not containing fixed seats. APPLICATION FEE ❑ Appeal of Administrative Officer $ 110.00* ❑ Conditional Use $ 1 is'cellaneous ❑ Variance $ 135.00* *includes $10.00 recording fee SKE( 4-OH/AREA TABLE ADDEW JM Case No 100274000 File No 0120-00049 Property Address 49 bARRETT STREET City South Burlington State Zip _ „ Borrower LendedClient Appraiser Name Appr Address _ a _ 11.0' i Porch 42.0' 24.0' o Garage ! N First Floor Poreh p 7.0' • 42.0' I Fin Bsmnt " Scale- 1 = 30 AREA CALCULATIONS SUMMARY LIVING AREA BREAKDOWN Code Description Factor Size Perimeter Totals Breakdown Subtotals GLhl First Floor 1.00 1092.00 136.0 1092.00 First Floor BSMT Basement 1.00 1008.00 132.0 1008.00 26.0 x 42.0 1092.00 P/P Porch 1.00 88.00 38.0 Porch 1.00 49.00 28.0 137.00 GRR Garage 1.00 576.00 96.0 576.00 it TOTAL LIVABLE (rounded) 1 1092 1 Area Total (rounded) I I ! I I 1092 APEX SOFTWARE 800-856995E Apx7199-w Aped)