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HomeMy WebLinkAboutMS-04-04 - Decision - 0019 Pinnacle DriveCITY of SOUTH BURLINGTON DEPARTMENT of PLANNING AND ZONING FRED PEET - 19 PINNACLE DRIVE MISCELLANEOUS APPLICATION #MS-04-04 FINDINGS of FACT AND DECISION Fred Peet, hereinafter referred to as the applicant, is seeking miscellaneous approval under Section 3.12 of the South Burlington Land Development Regulations to alter the grade by placing more than 20 cubic yards of fill on the property, 19 Pinnacle Drive. The Development Review Board held a public hearing on January 18, 2005. The applicant was present at the meeting. Based on testimony provided at the above mentioned public hearing and the plans and supporting materials contained in the document file for this application, the Development Review Board finds, concludes, and decides the following: FINDINGS of FACT The applicant is seeking miscellaneous approval under Section 3.12 of the South Burlington Land Development Regulations to alter the grade by placing more than 20 cubic yards of fill on the property, 19 Pinnacle Drive. 2. The property is located in the Southeast Quadrant (SEQ) Zoning District. 3. The owner of record of the subject property is Fred Peet. 4. The plans consist of a plan entitled, "Fred V. Peet 19 Pinnacle Drive South Burlington, Vermont Site Plan", prepared by W. Bradford Ramsey, P.E., dated Nov, 2004. It has recently been discovered that the applicant had filled the area around their home without approval or a permit. The applicant was placed in violation and this application is to correct that violation. This application shall be reviewed under Section 3.12 of the Land Development Regulations. The removal from land or the placing on land of fill, gravel, sand, loam, topsoil, or other similar material in an amount equal to or greater than twenty (20) cubic yards, except when incidental to or in connection with the construction of a structure on the same lot, shall require the approval of the Development Review Board. The Development Review Board may grant such approval where such modification is requested in connection with the approval of a site plan, planned unit development or subdivision plat. This section does not apply to the removal of earth products in connection with a resource extraction operation. Standards and Conditions for Approval: (1) The Development Review Board shall review a request under this Section for compliance with the standards contained in this sub -Section 3.12(B). An application under Section 3.12(A) above shall include the submittal of a site plan, planned unit development or subdivision plat application showing the area to be filled or removed, and the existing grade and proposed grade created by removal or addition of material. The applicant submitted a plan, dated November 11, 2004, which shows the pre-existing grade and the existing grade. These plans are sufficient to satisfy this requirement. However, the applicant did not indicate how much fill was added to the subject property. (2) The Development Review Board, in granting approval may impose any conditions it deems necessary, including, but not limited to, the following: (a) Duration or phasing of the permit for any length of time. This requirement is not applicable to the subject application. (b) Submission of an acceptable plan for the rehabilitation of the site at the conclusion of the operations, including grading, seeding and planting, fencing, drainage, and other appropriate measures. This requirement is not applicable to the subject application. (c) Provision of a suitable bond or other security adequate to assure compliance with the provisions of this Section. This requirement is not applicable to the subject application. (d) Determination of what shall constitute pre -construction grade under Section 3.07, Height of Structures. The pre -construction height for future development will be the existing grade. / DECISION D D /AA , I Motion by G A r! !�/irl seconded by A � 1 4��/� /�/ to approve Mis ellaneous Applic tion #MS-04-04 of Fred P et, subject to the following conditions: 1. All previous approvals and stipulations, which are not superseded by this approval, shall remain in effect. 2. This project shall be completed as shown on the plans submitted by the applicant, as amended by this decision, and on file in the South Burlington Department of Planning and Zoning. -2- 3. The applicant shall submit documentation indicating the amount of fill that was added to the subject property, prior to issuance of a zoning permit. 4. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 17.04 of the Land Development Regulations or this approval is null and void. 5. Any change to the plan shall require approval by the South Burlington Development Review Board. Chuck Bolton — yea/nay/abstain of prese Mark Boucher — yea/nay/abstain no resent John Dinklage ea ay/abstain/not present Roger Farley — ye nay/a stain/not present Michele KupersWea ay/abstain/not present Larry Kupfermanabstain/not present Gayle Quimby —stain/not present Motion carried by a vote of Signed this iiday of January, 2005 by r'k"'t 'John Dinklage, dhair Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to challenge this decision at some future time may be lost because you waited too long. You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy, - finality). -3-