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Home My WebLink AboutMS-99-03 - Supplemental - 0007 Pavilion AvenueCITY OF SOUTH BURLINGTON DEPARTMENT OF PI..ANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 March 3, 2000 Craig & Joanne Anderson 54 Central Drive South Burlington, VT 05403 Re: Craig & Joanne Anderson dwelling, Section 11.042 Approval, 7 Pavilion Avenue Dear Mr. & Mrs. Anderson: Enclosed please find a copy of Finding of Facts of the Development Review Board meeting on February 1, 2000 (effective date March 3, 2000). Please note the conditions of approval including that a zoning permit be obtained within six months or the approval is null and void. If you have any questions, please give me a call. Sincerely, Sarah MacCallum Planning & Zoning Assistant Encl. DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 February If, 2000 Craig & Joanne Anderson 54 Central wive South Burlington, VT 05403 Re: Craig & Joanne Anderson dwelling, Section 11.042 Approval, 7 Pavilion Avenue F11-mrauvra,"WrINVIT,ro-ml I'm, Enclosed please find a copy of the February 1, 2000 Development Review Board meeting minutes. Please note the conditions of approval, including that a zoning permit be obtained within six months or this approval is null and void. If you have any questions, please give me a call. Sincerely, Sarah MacCallum Planning & Zdning Assistant . Emcls DEVELOPMENT REVIEW BOARD 1 FEBRUARY 2000 PAGE 9 25. Applicant shall submit detail of the proposed fencing between agricultural area and development. Mr. Roth seconded. The motion was then passed 5-0 with Mr. Chamberland abstaining. Mr. O'Rourke arrived at this point in the meeting. 5. PUBLIC HEARING: Application of #MS-99-03 Craig and Joanne Anderson seeking approval under Section 11.402, Height of Structures of the South Burlington Zoning Regulations. Request is for permission to construct a single family dwelling with a maximum height above 25 ft. and not to exceed 35 ft, 7 Pavilion Avenue: Mr. Anderson said the lot is L-shaped and they need to go up three stories to make it feasible. Mr. Dinklage noted receipt of letters from neighbors supporting the request. Mr. Belair said there have been no objections. Mr. O'Rourke moved the Development Review Board approve application #MS-99- 03 of Craig and Joanne Anderson seeking approval under Section 11.402, Height of Structures, of the South Burlington Zoning Regulations. Request is for permission to construct a single family dwelling with a maximum height above 25 feet and not to exceed 35 feet, 7 Pavilion Avenue, as depicted on a two page set of building elevation plans stamped received on 12/17/99 and on a site plan stamped received on 1/21/00, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. The applicants shall obtain a zoning permit within six months pursuant to Section 27.302 of the zoning regulations or this approval is n.:_ ..gad void. 3. The proposed single family dwelling is approved for a maximum height of 35 feet above preconstruction grade. Ms. Quimby seconded. Motion passed unanimously. 6. Public Hearing: Appeal of AO-99-02 Timberlake Associates from the decision of the administrative officer that their proposal to use a portion of 2/1/00 MOTION OF APPROVAL GREG & JOANNE ANDERSON I move the South Burlington Development Review Board application #MS-99-03 of Craig and Joanne Anderson seeking approval under Section 11.402, Height of Structures, of the South Burlington Zoning Regulations. Request is for permission to construct a single family dwelling with a maximum height above 25 feet and not to exceed 35 feet, 7 Pavilion Avenue, as depicted on a two (2) page set of building elevation plans stamped received on 12/17/99 and on a site plan stamped received on 1/21/00, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. The applicants shall obtain a zoning permit within six (6) months pursuant to Section 27.302 of the zoning regulations or this approval is null and void. 3. The proposed single family dwelling is approved for a maximum height of �S�et above preconstruction grade. Any -increase in the height of the structure above that which has been approved shall require approval by the South Burlington Development Review Board. DRAF,OT MOTION OF APPROVAL 2/1/00 GREG & JOANNE ANDERSON I move the South Burlington Development Review Board application #MS-99-03 of Craig and Joanne Anderson seeking approval under Section 11.402, Height of Structures, of the South Burlington Zoning Regulations. Request is for permission to construct a single family dwelling with a maximum height above 25 feet and not to exceed 35 feet, 7 Pavilion Avenue, as depicted on a two (2) page set of building elevation plans stamped received on 12/17/99 and on a site plan stamped received on 1121100, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. The applicants shall obtain a zoning permit within six (6) months pursuant to Section 27.302 of the zoning regulations or this approval is null and void. 3. The proposed single family dwelling is approved for a maximum height of 32 feet above preconstruction grade. Any increase in the height of the structure above that which has been approved shall require approval by the South Burlington Development Review Board. Memorandum - Development Review Board February 1, 2000 January 28, 2000 Footprint lots: The applicant is proposing 20 footprint lots for the multi -family portion of the project. A "Notice of Conditions" should be recorded which states that for zoning and subdivision purposes the footprint lots and the remaining common land will be considered one (1) lot (e.g., coverage and setback requirements). In addition, a condition should be required that states "Prior to the conveyance of any unit, the "as -built" survey plat for that unit shall be approved by the Development Review Board and recorded in the land records. The deed for each unit shall reference the "as -built" plat." Street names: The final plat plan should include proposed street names for the new public and private streets. E911 addressing: The final plat submittal should include a list of street addresses for the entire development using the E911 addressing system. Other: a each duplex and house will be assessed road, school and recreation impact fees in accordance with the South Burlington Impact FeA:nrdinance. a the developer/homeowner's association should be responsible for maintenance of the retention basins. 5) CRAIG & JOANNE ANDERSON -HEIGHT INCREASE This project consists of constructing a new single family dwelling to replace a seasonal camp. The proposed dwelling is proposed to have a height of 32 feet which is seven (7) feet greater than permitted under Section 11.401 of the zoning regulations. This property located at 7 Pavilion Avenue lies within the Queen City Park District. It is bordered on the east by Pavilion Avenue, on the north and south by residences and on the west by Red Rocks Park. Section 11.402 of the zoning regulations allows the maximum height of a structure to be increased to 35 feet subject to the provisions of Section 26.05 and Section 11.402(a) - (c) of the zoning regulations. Memorandum - Development Review Board February 1, 2000 January 28, 2000 CRITERIA REVIEW - SECTION 26.05 26.501 The proposed dwelling complies with the purpose of the Queen City Park District. The purpose states in part that the district "is hereby formed in order to encourage residential use .... it also encourages the conversion of seasonal homes to year round residences." 26.052 The proposed use will not adversely affect: a) The capacity of existing or planned municipal or educational facilities. The proposed single family dwelling is not anticipated to have any affect on municipal or educational facilities. b) The essential character of the neighborhood or district in which the property is located. The neighborhood is characterized by single family homes on small lots. This proposal will be in keeping with that character. c) Traffic on roads and highways in the vicinity. The amount of traffic added to the local road network by the proposed dwelling is negligible. d) Bylaws in effect. All setback and coverage requirements will be met. e) Utilization of renewable energy resources. There is no such utilization in the vicinity to be affected by the dwelling. f) General public health and welfare. No adverse affect expected. CRITERIA REVIEW - SECTION 11.402 The proposed increase in height will not adversely affect: a) Views of adjoining properties; 6 Memorandum - Development Review Board February 1, 2000 January 28, 2000 b) access to sunlight of adjoining and/or nearby properties; and c) adequate on -site parking. The site plan submitted indicates that the site has adequate on -site parking for two (2) vehicles. The applicant should be prepared to address criterion (a) and (b) above at the meeting. Letters from the two (2) adjoining property owners have been submitted (see enclosed). They indicate that they have no problem with this request. f) TIMBERLAKE ASSOCIATES - APPEAL OF ADMINISTRATIVE OFFICER'S DECISION On 7/8/91 the Zoning Board of Adjustment granted a conditional use permit for the storage of no more than ten (10) wrecked and abandoned vehicles (see enclosed decision) at 811 Williston Road (Spillane's Mobil). The plan in the file for this approval showed that the land behind the station at 801 Williston Road was to be used for vehicle storage but the approval was for only 811 Williston Road and did not include land at 801 Williston Road. On 10/25/99 David Simendinger submitted a site plan review application as an applicant representing Timberlake Associates, the record owner. The application was to add "parking and storage of vehicles" to the approved uses of convenience store, gas sales, deli and ATM. This property is located at 801 Williston Road. On 11/29/991 made the determination that the applicant's proposal to uaa a portion of the 801 Williston Road property for vehicle storage was not permitted under the zoning regulations. I would therefore not forward his site plan review application to the Development Review Board. On 12/10/99 the properb/ ownerTimberlake Associates appealed my decision of 11/29/99. ISSUES The vehicle storage which is at issue (see enclosed plan) is for the benefit of the adjoining property owner, Spillane's Mobil. Spillane is using the appellant's property to store towed CITY OF SOUTH BL.TRLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 January 28, 2000 Craig & Joanne Anderson 54 Central Avenue South Burlington, VT 05403 Re: Height Waiver, 7 Pavilion Avenue Dear Mr. Anderson: Enclosed is the agenda for next Tuesday's Development Review Board meeting and my comments to the Board. Please be sure someone is present on Tuesday, February 1, 2000 at 7:30 p.m. to represent your request. If you have any questions, please give me a call. Sincerely% Raymond J. Bela* - Administrative Officer RJB/mcp Encls FILE: OFS OFSMCNTL Al Worldwide VM/ESA Conversational Monitor System JANUARY 26, 2000 LINGT<> TO: SOUTH BURLINGTON ZONING BOARD THIS LETTER IS TO INFORM THE BOARD, THAI' I JANET L. BUTLER AS A LAND OWNER OF THE PROPERTY LOCATED AT 9 PAVILION AVE. IN SOUTH BURLINGTON, HAVE NO OBJECTIONS TO THE ISSUANCE OF A CONDITIONAL USE PERMIT TO THE PROPERTY LOCATED AT 7 PAVILION AVE. IN SOUTH BURLINGTON. THIS PROPERTY IS ADJACENT TO MINE AT THE SOUTH WEST CORNER AND ANY BUILDING VARIANCE OR PERMIT WOULD NOT CAUSE ANY ADVERSE OBSTRUCTION TO MY PROPERTY AND WOULD ACTUALLY INCREASE THE SOUTHERLY EXPOSURE BY THE REMOVAL OF THE EXISTING TREES. SINCIsREI,Y� JANET L. BUTLER January 26, 2000 City of South Burlington 575 Dorset Street South Burlington, VT 05403 Attn: Zoning Administrator Re: Conditional Use Permit for 7 Pavilion Avenue being requested by Craig and Joanne Anderson I, Jacqueline Quattlander, reside at 5 Pavilion Avenue and wish to be on record stating that I have no objection to the height and new development of 7 Pavilion Avenue. The construction to the north side of me will have no adverse affect to my residence. The view from 5 Pavilion will not be obstructed nor will the light be restricted by this construction. I feel that this development of 7 Pavilion will only improve my area but also the entire neighborhood. Sincerely, Jackie Quattlander =l:EL.0 -ERRING GU-;-4 13UPLINGTCN :E',E�.:P"RENT IE'.b _33CAP.0 "ia south 3rjrtingion e',ePIDr, IrenI RevieW 3card :vid ,old .a uuolic leering at one Scutn Bur- irgton •�ltv Nail. Confer- �rce Rccm. 575 Corset Street. South Burlington. '/ermcnt on Tuesday. -ebruary ' -'OCO. at 7 30 ?.h1. to consider the following: t I Preliminary plat appli- ,:ation of *he `/an SiCklen Limited Partnership to amend a previously ap- proved planned residen- tial develeoment consis- ting of 55 single family cts on 61.8 acres. The: amendment consists of iundivlding a 61 r" all parcel Into 58 'ots result- ng In: 1? 28 xingle family I lots. 'w] a 10.57 -acre sot i 'or an axrstng single family dwelling, j a 6.03 acre parcel consisting ipt nine 191 two -tamely dwell-, ngs. two f2) single family swellings. 28 footprint cts and an oper, ioace ,;t. it we r5i oen 3raca Jts. arc 61 a 'J.' l (acre parcel is oe Ccn-I fever `o an acielning ':,roref ty Owner, t i50 Hi. nescur?, I '' acceal of Timberlake ,�sscciates from the e- ::sicn ;t 'ne the Adminis- rative Cfficer 'hat their :robosal to use a portion t nelr orcoerty at 301 Nilliston Road for vehicle >tcrage s not permitted incer me South Burling - ,on Zoning Regulations. I i 31 Application of Wesco. I inr. seening conditional JSe 9pproval from jeC- non 25.J5. Conditional Jses, and Section 26.65 Multiple Structures and Uses ;n !-its. of the Scum Burlington Zoning i :�erauiattr;ms. Request is r or ,,eirrisslon to -onvert a er,.,ice station to a i :onvi7ntence store ino I etain t ;e aas sales := ?raticn .;t the service I station aa. '' 18 `Milis- on �cao. 41 Appucauon of Craig anC Joanne Anderson 1 eel ioprovai inder :Sarin :n ? 1 ..102.-ieignt of ih•uc,,ureS• of the South �3w,imltGn Zoning Regu- anons. 'Request is for oermss,jon :o construct a singe amliv dwelling vith a maximum neignt Soave 15 eet:and not to >xceeo reet. _ Pavil- ion Avenue. ,cples ]i the acplica- ':ons irP, available `or .;ublic nspection at the 'South Burlington i; ty -lall. :cnn ink:age ,halrman Truth ringtcn Jeveiocmert Review 3card .anuary ;5. 000 PUBLIC HEARING SOUTH BURLINGTON DEVELOPMENT 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, February 1, 2000, at 7:30 P.M. to consider the following: 1) Preliminary plat application of the Van Sicklen Limited Partnership to amend a previously approved planned residential development consisting of 55 single family lots on 61.8 acres. The amendment consists of subdividing a 61.77 acre parcel into 58 lots resulting in: 1) 28 single family lots, 2) a 10.57 acre lot for an existing single family dwelling, 3) a 6.03 acre parcel consisting of nine (9) two-family dwellings, two (2) single family dwellings, 28 footprint lots and an open space lot, 4) five (5) open space lots, and 6) a 0.11 acre parcel to be conveyed to an adjoining property owner, 1550 Hinesburg Road. 2) Appeal of Timberlake Associates from the decision of the Administrative Officer that their proposal to use a portion of their property at 801 Williston Road for vehicle storage is not permitted under the South Burlington Zoning Regulations. 3) Application of Wesco, Inc. seeking conditional use approval from Section 26.05, Conditional Uses, and Section 26.65, Multiple Structures and Uses on Lots, of the South Burlington Zoning Regulations. Request is for permission to convert a service station to a convenience store and retain the gas sales operation of the service station use, 1118 Williston Road. 4) Application of Craig and Joanne Anderson seeking approval under Section 11.402, Height of Structures, of the South Burlington Zoning Regulations. Request is for permission to construct a single family dwelling with a maximum height above 25 feet and not to exceed 35 feet, 7 Pavilion Avenue. Copies of the applications are available for public inspection at the South Burlington City Hall. John Dinklage, Chairman South Burlington Development Review Board January 15, 2000 No Text . s RECE 1 7 1999 �rl1iilCig�dt� 3,?' To Red &rxk-) P06 k S 6Reen� sr t z ---- —---- -- � av D�k 6xa� At - XrR19 r�Rk� 1 3�' % �uie�N /7G45 S jpeek �xa aWd keve �- ----- -1 IOKI ve W E 2 luuu Burlington v P&vl///(, ✓ five City of South Burlington Application to Development Review Board Official Use C C� APPLICATION # J �/ 0 ej HEARING DATE �n FILING DATE r 1C FEE AMOUNT U 7 Name ofapplicant(s) e k,+Y - -4 ;J'O,¢,VA/F— */Li SON Address 54 Cei- T AL A Vr , 5 . /3Ul-�. Telephone # �a -6 sF'- a li// Represented by Landowner ��:cR lG/C re7 Location and description of property 1 PA ✓ /L/ O Al 4 V "� ,S . 5 a e-Z, . // f FS/ b'rA / /A-L PRO K7Y.-LA>U16 � f SFiftVJnONIri- Adjacent property owner(s) & Address J 4A/,c*T BUT/- SQUTH— 13UL& - G2% , Type of application check one: ( ) appeal from decision of Administrator Officer (X) request for a conditional use ( ) request for a variance I understand the presentation procedures required by State Law (Section 4468 of the Planning & Development Act). That a legal advertisement must appear a minimum of fifteen (15) days prior to the hearing and I agree to pay a hearing fee which is to off -set the cost of hearing. Describe request: �0 G�(Lb /�� s' �� / b6ur—a-m&— I.yl7w Other documentation: _.f /aZ � / S ✓ ,fit ��,� �/� �'1IC-ut/ D to Signature �I SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 117, Title 24 V.S.A. the South Burlington Development Review Board will hold a public hearing at the South Burlington Municipal Offices, Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, , at 7:30 P.M. to consider the following: Application of seeking a from Section of the South Burlington Zoning Regulations. Request is for permission to