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Home My WebLink AboutCU-03-10 - Supplemental - 0009 Pleasant Avenuel.•Ve,rs P. Gale vat• 3�? A�•t4•`t Legend Set rod o.o•(flush) p ext &f- cone. mom. PK. or twas.h;k1 !� powCr Pv{ C -o- Spr oc r- TrCAT CICS sf-.tret, PtpC � C t or Town Clerk's Office Received For The Record Date - AD� AT -o'clock min M In trap cabinet slide AKW Town Clerk Rea Roc KS Part c►+-Y a sa • C,r1►ng #�on y01.9` /7 4.2 J._. Ftre Otsfrtcf W6.1 vo►. 24 p9. t f.3 0+ap Situ 340,US moo. 9 1 r Vol, s Pawl s lwtten Gtttelsohn Yai• S►a pg-LID -2(2. Val-Z-4 PSS. k1f), IG"I P, t'c ) ki;.l • if ur Mar . G $- A� 8. F: k 0. S.C- Cr-owlCy Vot• 38Z P9.40cr 0 • Red 014AS t,rrap%%jC scale Tc}Ie In�orM� ccr�: gshaph6erg Pierer Pnop!erty Val , t38Z Pg • 208-9 4Qft F, ie 94iten Cc+y Park Vol • Sal pg. 3¢ Nor+hei-rt Sec{ cart .iurce t94'i Vol. 48( py.34t-3 Stcde NG.rr` iiot- t34 py. 3tfr-3t� 4'al • �4 ps.2't3 , p�.tiZ4-S vat. 4a Pg. 313 I CERTIFY TO THE BEST OF ICYOWLEDGE AND BELIEF THE INFORMATIO SHOWN ON THIS PLAT IS A FAITHFUL PORTRAYAL OF CIRCUMSTANCES PERTINENT -TO SUBJECT PROPERTY A COLLABORATI I OF FIELD. PAROL AND PERTINENT RECOO EVIDI NCE WAS USED IN THE ANALYSIS OF BOUNDARY e CONCLUSIONS SHOWN HEREIN; THIS PLAT WAS PREPARED IN ACCORDANCE WITH 27 VSA 1403. rttrrf 'Plat of Survey , OrrY R r�'� De6ra R. SchaQhb+et-c� ' Kar'eh Lynn Ficrer- Property &MA ��Q'•� ••. wo.g PleaSFant At/e. So•Burtivk3torr, V't Tat'at WARREN S *= ROBEMSTIEIs DRAWN BY NO. 48 - DATE: October- i3-201 SCALE: t-2o wrga. .,,��t',Ls, • •.... • •�� APPROVED BY WARREN Ar MONK REG. Yi & NH L.S. �rntrttct v�I�R. DRAWING NUMBER S*Amam yr osais CITY OF SOUTH BURL N GTOeT DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 May 10, 2004 Jason & Kerry Anderson 9 Pleasant Avenue South Burlington, VT 05403 Re: Escrow Agreement Release Dear Mr. & Mrs. Anderson: Please be advised that I inspected your property at 9 Pleasant Avenue on May io, 2004 and found that the original house on the property has been removed. Therefore, you no longer need to maintain $400 in escrow for removal of the house. You are hereby relieved of the obligation to maintain an escrow account for house removal purposes. glair Administrative Officer 'j-, iMay 27, 2003 Jason and Kernj Anderson have explained that they ao,e meeting be -fore the review hoard to receive approval for a height adjustment up to 28 feet on their new structure. I am not opposed to "heir request. ;Ly's L2, � e- OF��ka), 12, W 4-1 P-r May 27, 2003 Jason and Kerry Anderson have explained that they are meeting before the review board to receive approval for a height adjustment up to 28 feet on their new structure. I am not opposed to their request. 71"'11- atlx— Vjuet-, Ifo S Q e sC,j j�vz �Y7 -7 iyd l ,1,'11TY OF SOUTH BURLIINGTON DEPARTMENT OF PLANNING & ZONEVG 575 DORSET STREET SOUTH EUR1_, NGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 July 14, 2003 ,Jason ET Kerry Anderson 9 Pleasant Avenue South Burlington, Vermont 05403 Re: Additional Height Approval - 9 Pleasant Avenue Dear Mr. Er Mrs. Anderson: Enclosed, please find a copy of the Findings of Fact, Conclusion and Decision regarding the above referenced project approved by the Development Review Board on July 1, 2003. Please note the conditions of approval. If you have any questions, please feel free to contact me. Sincerely, lr� y Raymond J. Belair Administrative Officer Encl. 109 | rar -Z� \ ` /------------- �c---�r-------' kv Cat Ila � � } ' / . / . | . "Ic �� V ��. 0 •�\ (�il��1 �Y�J e �S 4 ��°i � , 'u ', O __ a J �1 � _ •�y °, \�11-/� � ' -T v s N :p� �. ` �- T 3 M � ;� � � 7 _.. . ' � J .I .... .,. .. i. ... ..... !. � �_.....__... ..__._ .. ... -� � � ; ; , ,--. ___. ___..____._ �..I � ; � i- _ fi � � �; � � ; ._.. _ _ _ ......,.�_ _._.. ___.__._ t; �. � � � I � .-. _._.�. -__--__..._----� i }� i i �!' r l � � ;, .__________._ r � � � x... � f '�Tz� , ... 1 I,1,, , � ' III .. � � i', i � �' ; 1 1 i i � � � ! � 0� O 5I ! 'C 0 50 CC*11bt43�✓ % c 1I11 i , t: j i IC_u,ww ke- 3.s "'uow, K c GlN2c3Z f��x�xS s o ' C. (3'SC C�rz - - - 3 --TT � o 'v s V _ - 14lr 73'�y°.u'e"s2'q CCML'4v42a �A S` S i-- szTE PLAN ESCY�.OW AGREEMENT T IS A ZEE E T, executed in triplicate by and between $V1 ►� ' hereinafter referred to as Developer", the CITY SOUTH BU L NGTON, hereinafter referred to as "Municipality", and the a k�� A �" I, Ahji-- , hereinafter referred to as 'Bank". WITNESSETH: WHEREAS, Developer has received site plan approval from the MUNICIPALITY'S Commissi n for the development of property located at V7 , as depicted on a site plan entitled " dated , and prepared by WHEREAS, Developer is required by said approval, at its own expense, to complete certain improvements; and WHEREAS, the parties to this Agreement wish to establish an escrow account to secure the obligations of the Developer as set forth in the City approval; and WHEREAS, the Bank executes this Agreement solely in the capacity of escrow agent. NOW THEREFORE, the parties hereby covenant and agree as follows: 1. DEVELOPER will, at its own expense, complete the following construction as depicted and in accordance with the specifications set forth in said site plan and related, documents: d 17-Ki I k,16t 2. The Develop r shall complete the improvements set forth in Paragraph one no later than 3. DEVELOPER shall replace or repair any defective or improper work or materials which may be recognized within three (3) years after completion of the improvements set forth in Paragraph one. For the purpose of this Agreement "completion" shall be deemed to have occurred when the MUNICIPALITY has inspected and approved the construction of all the improvements required by this Agreement and issued written notice to the DEVELOPER that the construction is complete. 4. For the guaranty of Developer's performance of all requirements herei above set forth, d prior to the issuance of any zoning permit for UUl � 0 LA lIn I , Developer and Bank agree that the sum of thr) . [119 s all be set aside and held in escrow by the Bank 1 and shall be available for payment to the Municipality in accordance with the terms herein set forth. 5. If the Municipality shall file with the Bank a statement that the Developer is in the judgement of Municipality in default under the terms of this Agreement, the Bank shall from time to time pay monies from said escrow fund to the Municipality, in amounts not to exceed a total enabling the Municipality to complete improvements and requirements set forth in this Agreement. 6. The Municipality will promptly submit to the Developer a copy of such statement as it files with the Bank. The consent of the developer to such payment by the Bank to the Municipality shall not be required. The Bank shall incur no liability to the Developer on account of making such payment to the Municipality, nor shall the Bank be required to inquire into the propriety of any claim by the Municipality of default on the part of the Developer or into the use of such funds by the Municipality in completing such improvements. 7. The Municipality shall not file with the Bank a statement of default until thirty (30) days after notice has been sent by it to the Developer by certified mail, return receipt requested, setting forth its intention to do so. 8. All monies released by the Bank to the Municipality pursuant to paragraph five (5) shall be used by the Municipality solely for the purpose of performing obligations imposed upon the Developer by that portion of this Agreement upon which the Developer is then in default. Any work to be performed by the Municipality pursuant hereto shall be let on a contractual basis, or on a time and material basis or shall be performed by the Municipality with its own work force and equipment or shall be accomplished in such manner as in the judgement of the Municipality shall accomplish the work most expeditiously and economically. 9. If monies are released by the Bank to the Municipality pursuant to paragraph five (5) and it shall later develop that a portion of the released monies are surplus to the Municipality's needs, any such surplus shall be refunded by the Municipality to the Bank to be held and distributed by the Bank pursuant to the terms of this Agreement. 10. The Bank will not refuse or delay to make such payments to the Municipality when requested by the Municipality by the appropriate statement, and Developer will not interfere with or hinder such payments by the Bank to the Municipality. Said statement shall contain a certificate of compliance with the notice requirements of paragraph seven (7) of this Agreement. 11. This Agreement shall terminate and shall be of no force or effect upon performance of all requirements contemplated hereby, and the completion of the warranty period set forth in paragraph three (3) . 12. The sum of '-f�V, - (0 shall be maintained in escrow until certification to the Bank by the Municipality of the completion of the warranty period set forth in paragraph three (3) . 2 13. This Agreement shall not only be binding upon the parties hereto, but also their respective heirs, executors, administrators, successors and assigns. Dated at S ha,V I , this day of , 1aq- (DEVELOPER'S NAME) Wi e s By: Witness Duly A Witness a SOUTH BURLINGTON By: r , Duly Authorize gent Dated at -6-� 1(0)7 V/, , this day of h �k �-2 (NAME OF BANK - 3RD PARTY) Wit ess By: fitness Duly Authorized Agent BANKNORTH VERMONT 111 MAIN STREET -11!QI +rticTnrti NIT 05401 3 Phone802-862-0215 May 28, 2003 Mr. Jason Anderson 9 Pleasant Avenue So. Burlington, SIT 50403 RE: DEMOLITION ESTIMATE Dear Jason: Please accept this letter as our price to perform the following job: Demolition and removal of existing house S 400.00 9 Pleasant Avenue, South Burlington, Vermont Burnett Contracting is fully insured and has over 20 years experience. We look forward to working with you on this project. Sincerely, .� -/� 4 ��' -- � Michael Burnett Owner Application #CU-03-10 l o a Jason & Kerry Anderson 9 Pleasant Avenue South Burlington DRB Meeting July 1st, 2003 MOTION of APPROVAL Jason and Kerry Anderson I move the South Burlington Development Review Board approve conditional use #CU- 03-10 of Jason and Kerry Anderson for construction of a new single-family residence at 9 Pleasant Avenue. The application consists of razing an existing single-family structure and building a new single-family structure with a total height of 28 feet above average finished grade as depicted on a five -page set of elevations and a site plan with the written notation "South Burlington DRB #CU-03-10 July 1, 2003," with the following stipulations: 1. All previous approvals and stipulations that are not superseded by this approval shall remain in effect. 2. Any change to the approved plan shall require approval by the Development Review Board. 4 PUBLIC NEARING SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD Legal Notices The South Burlington plat application #SD•03- Development Review 24 of Wedgwood Corpo- Board will hold a public ration, Inc. to amend a hearing in. the Confer- PAD consisting of an 18 ante, Room at the South hole golf course - and 295 Burlington City Hall, 575 residential units. The Dorset Street, South Bur- amendment consists of ling ton, Vermonton increasing. the number .of Tuesday,. July 1, 2003. at residential units on Ni- 7:30 PM to consider the cholas Circle form 4 to 9. following: 6. Reopened pub- 1. Conditional use lic hearing for preliminary application #CU-03-10 of plat application #SD•03- Jason & Kerry Anderson 27 of Wedgewood Corpo- seeking approval under ration, _ Inc. to amend a Section 14.10, Condl- PAD consisting of 295 tional Use Review, of residential units and an the South Burlington 18.hole golf course. The Land Development Regu- amendment consists of . lations, for permission to adding landscaping con - increase the . allowable touring (berms) between Dorset Street and Old maximum - height - of a Schoolhouse Road. new single-family dwel- ling from 25 feet to 28 7. Reopened pub - feet above average .pre, construction grade at 9 lic hearin for preliminary 9 Pleasant Avenue. pplat, application #.SD-03- 26 of Wedgwood Corpo- ration, Inc. to amend a 2. Appeal #AO-03- PAD, consisting of 295 02. of Timberlake Asso- residential units and an ciates appealing a deci-, 18 hole golf course: The sion of the Administra- amendment consists of tive Officer regarding the adding landscaping con - issuance of Notice of touring (berms) between Violation #Ny-03-11 al- Dorset Street and Nliho- leging that the.. appellant las Circle. is in violation of the Land Development Regula- Copies of. the . applica- tions for conducting land lions are available for development at 801 Will- ' public inspection at the Iiston Road without a South Burlington Cityy Zoning Permit.. Hail .between 8:00 Aht and 4:30 PM, Monday 3. . R e a-p p r o-v a l of through Friday, final plat application #SD, 02-83 of Lawrence Chetti John Dinkiage, Chairman for. a Planned Residential South Burlington Deve- Development (PRD) con- lopment Review Board sisting of 8 new duplex units and 1 existing sing- le-family, unit on- 4.98 June 14, 2003 acres at 725 Hinesburg Road. 4. Reopened pub- lic hearing for preliminary plat application #SD43- 25 of Wedgewood Corpo- ration, Inc. to amend a PAD 'consisting of an 18 hole golf course and 295 residential. units. The amendment consists - of increasing the number of units on Old School- house Road from 11 , to 15. 5. Reopened pub- lic hearing for preliminary CITY OF SOUTH BU RLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 June 27, 2003 Jason & Kerry Anderson 9 f leasant Avenue 5. Burlington, Vermont 05405 Re: 9 Pleasant Avenue Dear Mr. & Mrs. Anderson: 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 1, 2003 at 7:30 p.m. at the City Hall Conference Room, 575 Dorset Street. 5incerelys-'� Raymond J. Belair Administrative Officer Encl. Application #CU-o3-10 Jason & Kerry Anderson 9 Pleasant Avenue South Burlington DRB Meeting July 1st, 2003 Zoning District: Queen City Park (Parcel #1370-00009, shown below) Zoning provisions: 1. Section 4.08, Queen City Park 2. Section 14.10, Conditional Use general standards Section 3.11, non -conforming structures, is superseded by Section 4.08 for this application Application: Conditional use approval for demolition of an existing single-family home and construction of a new single family home with a maximum height of 28 feet above finished grade at 9 Pleasant Avenue, Queen City Park. Issue for the DRB: Administrative Officer previously has reviewed the application for the new house and finds that it meets all applicable setback, coverage and off-street parking requirements. The only issue for the DRB is the height of the structure, which would be 28 feet above average finished grade. The maximum for the district without conditional use review is 25 feet above average finished grade. The applicant is seeking conditional use review so that the compliance of the structure will not be affected if changes to the grading must be made during construction. Application #CU-03-10 Jason & Kerry Anderson 9 Pleasant Avenue South Burlington DRB Meeting July isr This application involves multiple sets of criteria for different aspects of the application. The DRB must find that this application meets the general conditional use criteria in Section 14.io(E), and special sub -criteria related to height. The memo first discusses the project's compliance with the general conditional use critiera, and then the specific sub -criteria §14.1o(G) Conditional Use: General Standards All conditional use applications in South Burlington must 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 Comprehensive Plan, and (2) The proposed use shall conform to the stated purpose of the district in which the proposed use is to be located. Single-family residential use, including rebuilds of existing homes, are clearly anticipated as the planned principal use in the Queen City Park district. This is reflected in the purpose statement for the district, which states in part that the QCP district "...is designed to promote the area's historic development pattern of smaller lots and reduced setbacks. This district also encourages the conversion of seasonal homes to year-round residences." Provisions for expanded footprints, allowances for pre-existing lots near Potash Brook and Lake Champlain, and heights greater than 25' are clearly anticipated in the Regulations in furtherance of the Comprehensive Plan policies for this area. (3) The proposed use shall not adversely affect: a. The capacity of existing planned municipal or educational facilities; replacing a single-family house with a new one will not have any adverse effects b. The essential character of the neighborhood in which it is located or the ability to develop adjacent properties for appropriate uses; the proposed use and its design are consistent with the existing and planned character of this area c. Traffic on roads and highways in the vicinity; no impact d. Bylaws in effect; the proposal does not violate any provision of the bylaws e. Utilization of renewable energy resources; no impact f. General public health and welfare; no impact Section 4.08 Queen City Park §4.o8(C) Use: The proposed house is a permitted use in the Queen City Park district. §4.o8(E) Dimensional Requirements: All setbacks and coverage limits are met. 2 Application #CU-03-10 Jason & Kerry Anderson g Pleasant Avenue South Burlington DRB Meeting July ist, 2003 Height: Structures up to 35' in height in the QCP district are allowed with conditional use approval. The proposed house will be 28' at maximum above average finished grade. To approve the height, the DRB must find that the proposed house will not affect adversely: (a) views of adjoining and/or nearby properties; no impact anticipated (b) access to sunlight of adjoining and/or nearby properties; no impact anticipated (c) adequate off-street parking; the site has and will continue to have adequate off-street parking to serve a single-family residence. Staff recommend approval of this application with only standard conditions and stipulations. 3 eq, r-;C,l !C U PI '75 Ord tj + cela Atc la 4� Tl f t iC laoKlV & rC M+�723 2. r� f3`5�5�3'i6Y�' v Ciyt`f u4 Z.a ctA r G i S � f t ( $ C i 111;0 to a i i ��n { I• Pr 1 � '. !r 'lY U c. r _ _ y W o __ v—'), ow fee 3'S f Ns'S -WooW U;T- 1-0 Sul ofaSQvtt- Mo r CITY OF SOUTH BURLING! ON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 Permit Number 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 ( ) Other PROVISION OF ZONING ORDINANCE IN QUESTION (IF ANY) UC ON OFT I IVE OFF CE& OU APPEAL G? \ FyWrIc 1) PWNER OF RECO�D (Name as shown o deed, mai� ng address, ho a and fax #) �k v Vt 0A i Vold / �/�Di„ Of Af fit g th* 1�-�P t✓1,ub ' � V70 11 I/T- 2) LOCATION OF LAST RECORDED DEED (Book and page #) 0K M 3A APPLIC (Nam m fling address, hone and r #) 4),,CONTACT PERSON (Name, mailing address, phone and fax #) 5) PROJECT STREET ADDRESS: 6) TAX PARCEL ID # (can be obtained at Assessor's Office) [ Q Zr� ko s 7) PROJECT DESCRIPTION a) Existing Uses on Properl(including dgscription and size o each 1'NI�/ rA Fr Yet -' In f7 it 4_ d (( �-Zfe A;l � b Proposed Uses On property (include description and size of each new use and exi ting uses to remain) h ,k t, otal building sq are f_oo . ge on roperty (proposed buildings and exist' buildings to remain) d) Height of building number of RooXs (proposed b Idings and existing buildings to em specify -if basement and mezzanine) ��1M) (A U 9t7 , ir�2 ��xr` �� `� t 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): 8) LOT COVERAGE 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) 9) COST ESTIMATES a) Building (including interior renovations): $ b) Landscaping: $ c) Other site improvements (please list with cost): 10) ESTIMATED TRAFFIC a Average daily traffic for entire property in and out): g Y p p Y () b) A.M. Peak hour for entire property (in and out):_0 c) P.M. Peak hour for entire property (In and out): �j 6V 11) PEAK HOURS OF OPERATION: 12) PEAK DAYS OF OPERATION: 13) ESTIMATED PROJECT COMPLETION DATE: D¢- 14) LIST ABUTTERS ( List names and addresses of all abutting property owners on a separate sheet of paper). 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. GNATURE OF APPLICANT ATURE OF PROPERTY OWNER Do not write below this line DATE OF SUBMISSION: REVIEW AUTHORITY: ❑ Development Review Board ❑ Director, Planning & Zoning I have reviewed this site plan application and find it to be: ❑ Complete ❑ Incomplete Director of Planning & Zoning or Designee Date Fil ��.�. HOME M 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. If submitting a final plat amendment, please submit only pertinent information. Please provide (on separate sheet) a list of all abutters to the project property and mailing addresses. o Complete survey of property by a licensed land surveyor drawn to scale (20 ft. is preferred). o Name, license number, seal, and contact number of licensed land surveyor & date prepared. o Survey data (acreage, property lines, zoning boundaries, watercourse, base flood elevation, etc.) o Location of easements, public lands, r.o.w.s, sidewalks, and public or private street (w/names) o Five foot contours (existing and finished) o Location and size of any existing sewers (including septic tanks) and water mains, culverts and drains on the property to be subdivided. o Location, names and widths of existing and proposed streets, private ways, sidewalks, curb cuts, paths, easements, parks, and other public opens spaces. o Numerical and graphical scale, date last revised, and north arrow. o Details of proposed connection with existing water supply or alternative water supply. o Details of proposed connection with the existing sanitary sewage disposal system or adequate provisions for on -site disposal of septic wastes. o Details of storm water facilities in the form of a drainage plan. o Details of all proposed bridges or culverts. o Location of temporary markers. o All parcels of land proposed to be dedicated or reserved for public use and associated conditions. o A list of waivers desired (if any). o Development timetable (including number of phases and start and completion dates). o A report addressing planned residential/unit development criteria of the Zoning Regulations. o Proposed landscaping schedule (number, variety and size). o Location of abutting properties, fire hydrants, existing buildings, existing landscaping o Number and location of parking spaces ( see Section 26.25 of the Zoning Regulations) o Number and location of handicapped spaces (see Section 26.253(a) of the Zoning Regulations) o Lot coverage information: Building footprint, total lot, and front yard o Exterior lighting details (cut sheets). All lights should be downcasting and shielded. o Dumpster locations (duiripsters must be screened) o Bicycle rack as required under Section 26.253(b) of the zoning regulations o If restaurant is proposed, provide number seats and square footage of floor area provided for patron use but not containing fixed seats APPLICATION FEE Fee $85.00* * Includes $10.00 recording fee No Text