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HomeMy WebLinkAboutMS-07-11 - Supplemental - 0004 Birch Lanef CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING DEVELOPMENT REVIEW BOARD Report preparation date: September 18, 2007 drb\misc\McMahon\mchmahon_misc2.doc Application received: September 7, 2007 4 Birch Lane Miscellaneous Application #MS-07-11 Meeting date: October 2, 2007 Acaenda # 5 Applicants/Owners Kate McMahon 4 Birch Lane South Burlington, VT 05403 Location Map Property Information Tax Parcel ID 0220-00004 Queen City Park (QCP) District .048 Acre (2084 SF) CITY OF SOUTH BURLINGTON 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\misc\mcmahonlmcmahon miscZdoc Kate McMahon, hereafter referred to as the applicant, is seeking approval to expand a non- complying structure by adding a 5' x 15' deck and a 6' x 8' addition, 4 Birch Lane. A similar proposal was reviewed on August 21, 2007. At that time, staff recommended denial of the request as building coverage appeared to exceed 20%. However, staff has since worked with the applicant to more accurately determine building coverage and has discovered that the previous coverage presented by the applicant was erroneous. The new numbers provided by the applicant meet the regulatory limits. Associate Planner Cathyann LaRose and Administrative Officer Ray Belair have reviewed the plans submitted on September 7, 2007 and have the following comments. Zoning District & Dimensional Requirements: QCP Zoning District Required Proposed Min. Lot Size 7500 S.F. 2084 S.F Max. Building Coverage 20% 18.5% Max. Overall Coverage 40% Less than 40% Min. Front Setback loft 2 ft Min. Side Setback 5 ft. Approx 12 ft. + Min. Rear Setback 10 ft. Approx 9 ft. Max. Building Height 25 ft. 19 ft. 4 Pre-existing non-compliance 4 Zoning Non -Compliance. Many of the homes in the Queen City Park neighborhood are eligible for relief from setbacks and coverages under Section 3.06 of the South Burlington Land Development Regulations for pre- existing non -compliant lots which existed prior to February 28, 1974. However, staff research has identified that this very small lot was only created as part of a 2-lot subdivision in 1991. Therefore, this lot is not eligible for the relief and must adhere to the dimensional requirements stipulated in Table C-2 of the current SBLDRs. Staff has further reviewed the application under Section 4.08 of the South Burlington Land Development Regulations. A. Purpose: A Queen City Park District is herby formed in order to encourage residential use at densities and setbacks that are compatible with the existing character of the Queen City Park neighborhood. It is designed to promote the area's historic development pattern of smaller lots and reduced setbacks. This district also encourages the conversation of seasonal homes to year round residences. The proposed addition is in compliance with the purpose of the QCP Zoning District. 1 CITY OF SOUTH BURLINGTON 3 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\misc\mcmahon\mcmahon misc2.doc B. Comprehensive Plan The proposed addition is harmonious with the City's Comprehensive plan. C. Permitted Use The proposed residential addition is a permitted use in the QCP district. D. Conditional Uses The proposed project does not require conditional use review. E. Area, Density, and Dimensional Requirements The existing property is a non -complying structure in the QCP District and thus shall be reviewed under Section 4.08(G) of the SBLDR. In no circumstance may the building coverage on the property exceed 20%. The existing building coverage on the property is stated by the applicant to be 18.52%. F. Height of Structures The maximum height for all structures shall be no more than twenty-five feet above the average pre -construction grade adjoining such structure. The proposed height of the roof is 19'. This is within the standard allowable use in the district. G. Non -Complying Structures Structures in the Queen City Park District are not subject to all provisions of Article 3, non- complying structures shall be subject to the following requirements and restrictions: (1) Any non -complying building or structure may be altered provided such work does not: a. Exceed in aggregate cost thirty-five percent for residential properties and twenty five percent for non-residential properties of the fair market value as determined by the City Assessor or by a separate independent appraisal approved by the Administrative Officer, or b. Involve an increase to the structures height or footprint, or otherwise involve an increase to the square footage of the building or structure. The applicant has proposed a building cost of $18,000 and is thus in compliance with part 'a' of this criterion. However, the square footage of the building will be increased. Therefore, Section 4.08(G)(2) applies: (2) The Development Review Board may approve any alteration which exceeds the thirty- five and twenty-five percent rule described above or which involves an increase to the structure's height, footprint, or square footage subject to the provisions of Article 14, Conditional Use Review. Staff has evaluated compliance with the criteria in the section of this report titled 'Conditional Use Review'. �! f CITY OF SOUTH BURLINGTON 4 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING 8 ZONING \drb\misc\mcmahon\mcmahon misc2.doc (3) In addition to the provisions set forth above, the DRB shall determine that the proposed alteration or expansion will not adversely affect: a. Views of adjoining and/or nearby properties; b. Access to sunlight of adjoining and/or nearby properties; and c. Adequate on -site parking. These criteria are evaluated below as part of conditional use review. 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 4.08(A) of the Land Development Regulations, the QCP Zoning District is formed in order to encourage residential use at densities and setbacks that are compatible with the existing character of the Queen City Park neighborhood. It is designed to promote the area's historic development pattern of smaller lots and reduced setbacks. This district also encourages the conversation of seasonal homes to year round residences. Again, the proposed addition is in compliance with the proposed purpose of the district. 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 does not feel that the proposed addition adversely affect the character of the neighborhood. The QCP district is historically a very dense neighborhood. The proposed addition is to the rear of the property and will be largely unseen. (c) Traffic on roads and highways in the vicinity. The proposed addition will not affect traffic in the vicinity. (d) Bylaws in effect. CITY OF SOUTH BURLINGTON 5 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\misc\mcmahon\mcmahon misc2.doc The proposed addition adheres to the applicable regulations in all instances except for consideration of the existing structure as a pre-existing non -conforming structure. (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 3.060)(3) of the Land Development Regulations, the proposed building expansion shall meet the following standards: (a) views of adjoining and/or nearby properties; It is difficult to assess how this proposal will affect the views of adjoining and/or nearby properties. This neighborhood is located very close to Lake Champlain and so it is possible that some favorable views exist. However, from Staff's site visit to the property, it does not appear that this addition would impact those views. The Board should consider any testimony on this matter presented from neighboring property owners who may present a clearer picture. (b) access to sunlight of adjoining and/or nearby properties; It is also difficult to assess this criterion. This neighborhood is very dense and homes are very close together. However, from Staff's site visit to the property, it does not appear that this addition would deny neighboring property owners' access to sunlight. Again, the Board should consider any testimony on this matter presented from neighboring property owners. (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. RECOMMENDATION Staff recommends that the Development Review Board approve miscellaneous application #MS-07-11. Respectfully submitted, I&— Cathy n ILNose, Associate Planner Copy to: Kate McMahon, Applicant B I R C H L A N E f 25.03' - - ----�._ _ 13.96' z z I I �X I N I I J----------------- I L I I I x I C= I I I I I a I I I I I I oX I X I n EXISTING ROOF SLOPE +/- EXISTING ROOF I SLOPE +/- m 12.12 1212 I c I I \VI I I I I I � o I m I I ��irRiX z I I i m I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 39.64' NORTH Kate McMahon, Owner 4 Birch Lane Queen City Park ExistingPlan at First Floor EX-1 South Burlington, VT 05403 Date July 20, 2007 Scale- 1/8" = V-0" B I R C H L A N E 1 - 2&0j, - - -�_ 13.96, I I I I I I I I I I I J--------- ---- L I I I I I I I I I I I I I I I I m m I� I I I b 9 20r� I = I I g% X � m x I i I IEl A �my I I ti yy� I 4'-7" F O p riC v I I mm N I --- ---- - 4 O 4 O I �m TT I I ti I I N W ROOF SLOPE 9:12 I I Fp a9t, 7 r I 1 I I N I I I I z I I I mz I I Ap I I I on I - I I I I - - - - 39.64' NORTH Kate McMahon, Owner 4 Birch Lane Queen pitNew Plan at First Floor NEW-1 y Park South Burlington, VT 05403 Date: July 20, 2007 Scale 1/8" = V-0" I I I I I I I � I I I I I I I I I MU m i$ z ti x y P C$p yy C I Im mn„ 3� I I mx I 0o I x:j I D ID I � 1 8'-8' r I � I I I o I mr I I m 3.-5. f I I I0a I I I F, 10 _ I — _ _ I �+ _ to E O C E O F S T E E P 8 A N K NORTH Kate McMahon, Owner 4 Birch Lane Existing Queen City Park g Plan at Basement EX-2 South Burlington, VT 05403 Date July 20, 2007 Scale 1/8" = 1'-0" I --------------------- I I I I I I I I I I I I I I I I I I I I I I I I � I I I I I I I I I I I I I I �a I i I r I � � I r m i I I xA� V z ! I _ I Tin I Aig N�a I I I F I I � I I E D G E O F S T E E P B A N K NORTH Kate McMahon, Owner 4 Birch Lane NEW-2 Queen City Park New Plan at Basement South Burlington, VT 05403 Date July 20, 2007 Scale 1/8" = 1'-0" Kate McMahon, Owner 4 Birch Lane Queen City Park ExistingNorth Elevation EX-3 South Burlington, VT 05403 Date. July 20, 2007 Scale: 1/8" = V-0" Kate McMahon, Owner 4 Birch Lane North Elevation Queen City Park Proposed NEW-3 South Burlington, VT 05403 Date July 20, 2007 Scale. 1/8" = V-0" r 2ND FF EXIST. DECK ABOVE 1ST FF - BASEM SLAB EXIST. DECK BELOW Kate McMahon, Owner 4 Birch Layne ExistingEast Elevation Queen ulrlington, VT 05403 Park ��—� Date: July 20, 2007 Scale: 1/8" = V-0" RIDGE BUILDING ITI 71 N 2ND FF NEW DECK � a ABOVE i. I ST FF o� i BASEM SLAB NEW DECK BELOW Kate McMahon, Owner 4 Birch Lane p Queen City Park Proposed East Elevation NEW-4 South Burfington, VT 05403 Date: July 20, 2007 Scale 1/8" = 1'-0" CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 October 3, 2007 Kate McMahon 4 Birch Lane South Burlington, VT 05403 Re: 4 Birch Lane Dear Ms. McMahon: Enclosed, please find a copy of the Findings of Fact and Decision of the above referenced project approved by the South Burlington Administrative Officer on October 2, 2007 (effective 10/2/07). Please note the conditions of approval including that a zoning permit be obtained within six (6) months. Should you have any questions, please contact our office. Sincerely, Betsy cDonough Planning & Zoning Assistant Encl. CERTIFIED MAIL RETURN RECEIPT: 7002 0220 0001 5883 9648 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802)846-4106 September 20, 2007 Kate McMahon 4 Birch Lane South Burlington, VT 05403 Dear Property Owner: Enclosed is a draft agenda for the October 2, 2007 Development Review Board Meeting. It includes an application for development on your property. This is being sent to you and the abutting property owners to make aware that a public meeting is being held regarding the proposed development. Under Title 24, Section 4464 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval to the Vermont Environmental Court. State law specifies that "Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." 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 meeting. Sincerely, q"h Betsy McDonough Planning & Zoning Assistant Encl. CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802)846-4106 September 20, 2007 Alex Pintair 1147 Oak Hill Road Williston, VT 05495 Dear Property Owner: Enclosed is a copy of the draft agenda (please check our website www.sburi.com for the official agenda, posted the Friday before the meeting) for the October 2, 2007 Development Review Board meeting. It includes a proposal that abuts property you own. Under Title 24, Section 4464 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval to the Vermont Environmental Court. State law specifies that "Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." 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 meeting. Sincerely, 1"u-- ► 1 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: (2c.-P&A NAME MAILING ADDRESS PROJECT OF INTEREST Mal.4 A-k *- c. *.k , p4 to% ZZg3, S,gV&wW&"t �, '�tYSv�v�Y 3� 1 KOAPj'zW Ujol- 5k 1` 003 I-/ � L -2P-, 2 %�6rs.c Sf dl- pp� ^� PAP-J X116 !.� 1CKSTEiN ?A—JT-t Ac&b A 2C r(lTEc rS Vz � VT 0sy6t 72 Z pr,Q 5E7 S T. J�t�F'-f�.�Mt'� �tiL�E 'S'T V T 1� o� s? 140 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. 0 e 7 Z NAME MAILING ADDRESS PROJECT OF INTEREST X 4 �;x a,6��-,7 7- -79'� T "rA5�'e- 5 sa ,e��,���T •U 7� Nlv� �j1�1 13Cp o��Aw ¢ l L v a k �Irr� L4 NE 50 01C/ C-2-Lfm/2ct yrl 60, & e IITC)'Y lee #0(56KFI�14 "Ik .0 0/1 TOV01 14I IAIJI� � e a S o ? - a'.,, 'e" 4'a l (,L- A 54, Pb r 3'd -) `" QFC, 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: 10 !/ NAME MAILING ADDRESS PROJECT OF INTEREST '501t"antuu% ✓,j� -#y Tee'), t l uQl�s-� CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 October 3, 2007 Anne Cornell 56 Central Avenue South Burlington, VT 05403 Re: 4 Birch Lane Dear Ms. Cornell: Pursuant to 24 VSA 4464(b)(3), enclosed please find a copy of the Development Review Board decision regarding the above referenced matter. You are being provided a copy of this decision because you appeared or were heard at the hearing. If you have any questions, please feel free to contact this office. Sincerely, Txgq f kc 114k Betsy McDonough Planning & Zoning Assistant RC �-tvvo DEVELOPMENT REVIEW BOARD 21 AUGUST 2007 Ms. Schroeder, a neighbor, said fill was put on the property starting at 4 or 5 a.m. on a Sunday, certainly not regular business hours. Mr. Dinklage said that is not permitted at that hour on any day. Mr. Rouille said he was gone when the fill was placed. He apologized for going about it the wrong way. Ms. Quimby moved to approve Miscellaneous application #MS-07-07 of Dennis Rouille subject to the conditions in the draft motion. Mr. Farley seconded. Motion passed unanimously. 5. Miscellaneous application #MS-07-08 of JAM Golf, Inc., to alter the existing grade by adding 3,277 cubic yards of fill, Foulsham Hollow Road: Mr. Gallipeau said the same situation applies to this application. Some of the fill was spread on the McDonald lot. Mr. Belair said there is no encroachment of wetland or buffers. Ms. Quimby moved to approve Miscellaneous application #MS-07-08 of JAM Golf, Inc., subject to the stipulations in the draft motion. Mr. Farley seconded. Motion passed unanimously. C6.)qiscellaneous application #MS-07-09 of Kate McMahon to expand a non- complying structure by adding a deck (5'x15') and a 6'x8' addition, 4 Birch Lane: Ms. McMahon said they have a 700 sq. ft. cottage and want to get to the laundry room safely by putting a stairway in the house. Mr. Belair explained that the lot was created in May, 1991 and is 2084 sq. ft. The structure already existed and there were variances given to create such a small lot. What is proposed would put the applicant over the total allowable lot coverage. Because this was not an existing lot, the exception rule does not apply. Ms. McMahon said she bought the property 4 years ago and was not aware of the situation. She said she does not want to make the house bigger, and they already have the deck. Mr. Belair said the problem is that the definition of "building coverage" changed recently. The deck doesn't constitute coverage, but the portion of it which would be enclosed would be considered in the coverage calculation. He said he would be happy to work with the applicant to be sure the numbers are correct. Ms. LaRose said a small boundary line adjustment with the neighbor could help. Ms. McMahon withdrew the application. -3- SOUTH BURLINGTON PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802)846-4io6 September 20, 2007 Kate McMahon 4 Birch Lane South Burlington, VT 05403 Re: Minutes - 4 Birch Lane Dear Ms. McMahon: For your records, enclosed is a copy of the approved August 21, 2007 Development Review Board meeting minutes. If you have any questions, feel free to contact me. Sincerely, t�u Betsy McDonough Planning & Zoning Assistant Encl. l CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 Permit # A 1- U 4- 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 ZONING ORDINANCE IN QUESTION (IF ANY): WHAT ACTION OF THE ADMINISTRATIVE OFFICER ARE YOU APPEALING ? 1) OWNV5OF RECORD (Name as shown on deed, mailing address, phone & fax #): 2) LOCATION OF LAST RECORDED DEED (book & page #) &O F2 2&�a 3) APP) CANT (name, mailing address, phone and fax #) r Q' 54 � C. Overall impervio coverage (building, parking, outside storage, etc) Existing - ZZ % / -3 3 9 Sq. Ft., - Proposed % / U_Sq. Ft. 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): $ /-�_/ O00, B. Landscaping $ Other sitip improve 10) ESTIMATED TRAFFIC: cents (please list with Mat/71m Oner4.et-� 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): G r�,A , � �t Ca�F ��� r 9q 9 r d sy q 5 7g M,nypl �-� S C) 6 mil) osya 3 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 Permit # 4�-A - 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 ZONING ORDINANCE IN QUESTION (IF ANY): WHAT ACTION OF THE ADMINISTRATIVE OFFICER ARE YOU APPEALING ? 1) OWN OF RECORD (Name as shown on deed, mailing address, phone & fax #): C N RiLr , 2) LOCATION OF LAST RECORDED DEED (book & page #) (9 d �) 26, 7 % 3) APPLICANT (name, mailing address, phone and fax #) Co� 15/-��3(; 3 4) CONTACT PERSON (person who will receive staff correspondence. Include name, mailing address, phonV fax # if differ nt from above): Ka Ad Gk4a— , Ii1 5) PROJECT STREET ADDRESS: 5 i rck) [,^i-e 6) TAX PARCEL ID #: D _ ('900 Lf 7) PROJECT DESCRIPTION A. Existing Uses on Property (including description and size of each separate use): t V)q F- C'Gri ► r' a k S-� B. Proposed Uses on Property (include description and size of each new use and existing uses to remain): a� Of � _ n C. Total building square footage on property (proposed buildings & existing building to remain): D. Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement & mezzanine): Cxisf sy-�� +hash �-r y-F-4OU 6r� E 1 C9 e.tk, a E. Number of residential Units (if applicable, new units -existing units to remain): F. Number of employees & company vehicles (existing & proposed, note office vs. 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. Total parcel size: �U D Sq. Ft. B. Buildings: Existing ( 2 % / 3 3 '5 Sq. Ft Proposed Sq. Ft ��QCl1�U' NmTE C. Overall impervio coverage (building, parking, outside storage, etc) Existing • ZZ % / � 3'K Sq. Ft. Proposed . L % / Sq. Ft. 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): $ l -)-/ Q0_0- B. Landscaping $ C. Other site improvements (please list with cost): ,, ego , a tr5. loy, c c r yl+a n h Ill S 6�i ( r� h 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): 01 �C.ex �,�-f-err • �7��-99'� � (�) L� U 0- C I hereby certify that all the information requested as part of this application has been submitted and is a¢curatq to the best of my kno v eC�ge. C SI NATURE OF APPLICAN SIGNATURE OF PROPERTY OWNER Do not write below this line DATE OF SUBMISSION: f 1 /1/) � REVIEW AUTHORITY: J:2-development Review Board ❑ Director, Planning & Zoning I have reviewed this application and find it to be: - - COMPETE — ❑ Incomplete r of PIdvr fig & Zoning or Designee C 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 $ i i 8.90* lit. 00 ❑ Conditional Use $ 14-5-. * l3(& -00 ❑ Miscellaneous $ 84-99* $6•0O ❑ Variance $ W -90* 13t, -00 *includes $+-916-recording fee I vx) my eQcrSZ�`h) (GriGz&e fj-�5;.j GQ�'t�Q f�-� �t N.eW CY�tzcQ �Y Istthc, J �(a �v at 662att,5& �r cQ �/Zav-r�P ref o u� �e� bc" a,+-� 15 ard, cV-e r-s Jia LkS �`t +fA(5 - `� 0 �-e uv�cP�S CIO Nit `/ V f�iah%���'ir�`�', � . __ /� `x"«~�� ^°~��n_ ' ��'--� ' � ' � ' ~,' .� � ��. -~^"', ��__. ,�~"~°- ^ . _-'_ '- -' � --�r- -- 7Y v ^~-�- _-'__-_- '--~_-� � ~- ^ - � . ' �/ ' /�7._ ------ ^-°������_~-.`==_~`~~�-_°__ '_- _& J � � �� � � -� __- -_^_- -_ _ - ___ ' -- _-_---- . �� ___ ' __ -J_ `.»cuw�r�'~"�~� � -- --- ''- �-----`/'�1"=-�/-- '---- ' ' 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: A06q,,5T 1 -- 0 NAME MAILING ADDRESS PROJECT OF INTEREST Ll Q-c, 13 it.. L4,1 V o'i���� to a �l Lrz*l Av-� d e.�;.* � 1. l � t •- 1-J �,.� (��. ( Tfzla ,- \ // ��P,�JtVl d ? 1 S D7 jqzzjUz'q CA; low Gcviiicc "4"It 4-. kflt 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: ,� �I,d D NAME MAILING ADDRESS PROJECT OF INTEREST -1 28 12 3 ens ��"66 �'vc/fir o! C(flS, I &4,5,.+eorw5 A-s4-,) PO 90 x L405 ��a N �s I� •, ► CIAR%s (:xA%-:WrM&A 51 V T' 5Aµ PRuPeP-firms b&XAcl-r� r'� 4-veezg 19d� t�7 J*-i,q S' �Ci &n. 6t 3w eat ztcrr' So 4e-'A ��o �36k-- 13 03 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: NAME MAILING ADDRESS PROJECT OF INTEREST L 5 1 s� ,s . AA 0 �j as �cm�� �✓'�Y I #MS-07-09 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING KATE MCMAHON - 4 BIRCH LANE MISCELLANEOUS APPLICATION #MS-07-09 FINDINGS OF FACT AND DECISION Kate McMahon, hereafter referred to as the applicant, is seeking approval to expand a non -complying structure by adding a deck (5' x 15') and a 6' x 8' addition, 4 Birch Lane. The Development Review Board held a public meeting on Tuesday, August 21, 2007. The applicant was present at the meeting. Based on testimony provided at the above mentioned public meeting 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 1. The applicant is seeking approval to expand a non -complying structure by adding a deck (5' x 15') and a 6' x 8' addition, 4 Birch Lane. 2. The owner of record of the subject property is Kate McMahon. 3. The subject property is located in the Queen City Park (QCP) Zoning District. 4. The plans submitted consist of a nine (9) page set of plans, page one (1) entitled, "Kate McMahon Residence 4 Birch Lane, South Burlington, Vermont 05403" prepared by Anne Connell, dated 7/23/07. Zoning District & Dimensional Requirements: QCP Zoning District Re uired Proposed �► Min. Lot Size 7500 S.F. 2084 S.F 4• Max. Building Coverage 20% 23% ?? Max. Overall Coverage 40% **? .6 Min. Front Setback loft 2 ft 4 Min. Side Setback 5 ft. Approx 12 ft. 4 Min. Rear Setback 10 ft. Approx 9 ft. q Max. Building Height 25 ft. 19 ft. 6% Pre-existing non-compliance + Zoning Non -Compliance. ** The applicant did not provide proper coverage. This shall be revised. In no exceed 40%. -1- information pertaining to overall case may the total lot coverage X, 7/11R No 7 H f/l"? #MS-07-09 Many of the homes in the Queen City Park neighborhood are eligible for relief from setbacks and coverages under Section 3.06 of the South Burlington Land Development Regulations for pre-existing non -compliant lots which existed prior to February 28, 1974. However, staff research has identified that this very small lot was only created as part of a Not subdivision in 1991. Therefore, this lot is not eligible for the relief and must adhere to the dimensional requirements stipulated in Table C-2 of the current South Burlington Land Development Regulations. In no circumstance may the building coverage on the property exceed 20%. The existing building coverage on the property is 20.4%. Therefore, no additional building coverage shall be allowed. The application is also subject to review under Section 4.08 of the South Burlington Land Development Regulations. However, as the proposed project exceeds allowable building coverage, the notes found below are extraneous and immaterial. A. Purpose: A Queen City Park District is herby formed in order to encourage residential use at densities and setbacks that are compatible with the existing character of the Queen City Park neighborhood. It is designed to promote the area's historic development pattern of smaller lots and reduced setbacks. This district also encourages the conversation of seasonal homes to year round residences. The proposed addition is in compliance with the purpose of the QCP Zoning District. B. Comprehensive Plan The proposed addition is harmonious with the City's Comprehensive plan. C. Permitted Use The proposed residential addition is a permitted use in the QCP district. D. Conditional Uses The proposed project does not require conditional use review. E. Area, Density, and Dimensional Requirements The existing property is a non -complying structure in the QCP District and thus shall be reviewed under Section 4.08(G) of the South Burlington Land Development Regulations. In no circumstance may the building coverage on the property exceed 20%. The existing building coverage on the property is 20.4% and the proposed coverage is 23%. This is not permitted. -2- #MS-07-09 F. Height of Structures The maximum height for all structures shall be no more than twenty-five feet above the average pre -construction grade adjoining such structure. The proposed height of the roof is 19'. This is within the standard allowable use in the district. G. Non -Complying Structures Structures in the Queen City Park District are not subject to all provisions of Article 3, non -complying structures shall be subject to the following requirements and restrictions: (1) Any non -complying building or structure may be altered provided such work does not: a. Exceed in aggregate cost thirty-five percent for residential properties and twenty five percent for non-residential properties of the fair market value as determined by the City Assessor or by a separate independent appraisal approved by the Administrative Officer; or b. Involve an increase to the structures height or footprint, or otherwise involve an increase to the square footage of the building or structure. The applicant has proposed a building cost of $18,000 and is thus in compliance with part 'a' of this criterion. However, the square footage of the building will be increased. Therefore, Section 4.08(G)(2) applies: (2) The Development Review Board may approve any alteration which exceeds the thirty-five and twenty-five percent rule described above or which involves an increase to the structure's height, footprint, or square footage subject to the provisions of Article 14, Conditional Use Review. The Board has evaluated compliance with the criteria in the section of this report titled 'Conditional Use Review'. (3) In addition to the provisions set forth above, the DRB shall determine that the proposed alteration or expansion will not adversely affect. a. Views of adjoining and/or nearby properties; b. Access to sunlight of adjoining and/or nearby properties; and c. Adequate on -site parking. These criteria are evaluated below as part of conditional use review. 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 -3- #MS-07-09 Comprehensive Plan. The proposed addition is not 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 4.08(A) of the Land Development Regulations, the QCP Zoning District is formed in order to encourage residential use at densities and setbacks that are compatible with the existing character of the Queen City Park neighborhood. It is designed to promote the area's historic development pattern of smaller lots and reduced setbacks. This district also encourages the conversation of seasonal homes to year round residences. The proposed addition is in compliance with the proposed use of the district. 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. The proposed addition will not adversely affect the character of the neighborhood. The QCP district is historically a very dense neighborhood. The proposed addition is to the rear of the property and will be largely unseen. (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 because it is a pre- existing non -conforming structure and does not meet the current dimensional requirements. The proposal seeks to increase the non -conformity which is not permitted under the South Burlington 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. -4- #MS-07-09 Pursuant to Section 3.060)(3) of the Land Development Regulations, the proposed building expansion shall meet the following standards: (a) views of adjoining and/or nearby properties; It is difficult to assess how this proposal will affect the views of adjoining and/or nearby properties. This neighborhood is located very close to Lake Champlain and so it is somewhat possible that some favorable views exist. However, from Staffs site visit to the property, it does not appear that this addition would impact those views. The Board should carefully consider any testimony on this matter presented from neighboring property owners who may present a clearer picture. (b) access to sunlight of adjoining and/or nearby properties; It is also difficult to assess this criterion. This neighborhood is very dense and homes are very close together. However, from Staff's site visit to the property, it does not appear that this addition would deny neighboring property owners' access to sunlight. Again, the Board should carefully consider any testimony on this matter presented from neighboring property owners who may present a clearer picture. (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. DECISION Motion by , seconded by , to approve Miscellaneous Application #MS-07-09 of Kate McMahon. Mark Behr — yea/nay/abstain/not present Matthew Birmingham — yea/nay/abstain/not present John Dinklage — yea/nay/abstain/not present Roger Farley — yea/nay/abstain/not present Eric Knudsen — yea/nay/abstain/not present Peter Plumeau — yea/nay/abstain/not present Gayle Quimby — yea/nay/abstain/not present -5- #MS-07-09 Motion FAILED by a vote of _-_- Signed this day of John Dinklage, Chair 2007, by 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). CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING DEVELOPMENT REVIEW BOARD Report preparation date: August 14, 2007 drb\misc\McMahon\mchmahon_misc.doc Application received: July 25, 2007 4 Birch Lane Miscellaneous Application #MS-07-09 Aaenda # 6 Applicants/Owners Kate McMahon 4 Birch Lane South Burlington, VT 05403 Location Map Meeting date: August 21, 2007 Property Information Tax Parcel ID 0220-00004 Queen City Park (QCP) District .048 Acre CITY OF SOUTH BURLINGTON 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\misc\mcmahon\mcmahon misc.doc Kate McMahon, hereafter referred to as the applicant, is seeking approval to expand a non- complying structure by adding a deck (5' x 15') and a 6' x 8' addition, 4 Birch Lane. Associate Planner Cathyann La Rose and Administrative Officer Ray Belair have reviewed the plans submitted on April 20, 2006 and have the following comments. Zoning District & Dimensional Requirements: QCP Zoning District Re wired Proposed • Min. Lot Size 7500 S.F. 2084 S.F • Max. Building Coverage 20% 23% ?? Max. Overall Coverage 40% **? �► Min. Front Setback loft 2 ft Min. Side Setback 5 ft. Approx 12 ft. 4 Min. Rear Setback 10 ft. Approx 9 ft. Max. Building Height 25 ft. 19 ft. w► Pre-existing non-compliance Zoning Non -Compliance. ** The applicant did not provide proper information pertaining to overall coverage. This shall be revised. In no case may the total lot coverage exceed 40%. Many of the homes in the Queen City Park neighborhood are eligible for relief from setbacks and coverages under Section 3.06 of the South Burlington Land Development Regulations for pre- existing non -compliant lots which existed prior to February 28, 1974. However, staff research has identified that this very small lot was only created as part of a 2-lot subdivision in 1991. Therefore, this lot is not eligible for the relief and must adhere to the dimensional requirements stipulated in Table C-2 of the current SBLDRs. In no circumstance may the building coverage on the property exceed 20%. The existing building coverage on the property is 20.4%. Therefore, no additional building coverage shall be allowed. Staff has further reviewed the application under Section 4.08 of the South Burlington Land Development Regulations. However, as the proposed project exceeds allowable building coverage, the notes found below are extraneous and immaterial. A. Purpose: A Queen City Park District is herby formed in order to encourage residential use at densities and setbacks that are compatible with the existing character of the Queen City Park neighborhood. It is designed to promote the area's historic development pattern of smaller lots and reduced setbacks. This district also encourages the conversation of seasonal homes to year round residences. CITY OF SOUTH BURLINGTON 3 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\misc\mcmahon\mcmahon misc.doc The proposed addition is in compliance with the purpose of the QCP Zoning District. B. Comprehensive Plan The proposed addition is harmonious with the City's Comprehensive plan. C. Permitted Use The proposed residential addition is a permitted use in the QCP district. D. Conditional Uses The proposed project does not require conditional use review. E. Area, Density, and Dimensional Requirements The existing property is a non -complying structure in the QCP District and thus shall be reviewed under Section 4.08(G) of the SBLDR. In no circumstance may the building coverage on the property exceed 20%. The existing building coverage on the property is 20.4% and the proposed coverage is 23%. This is not permitted. F. Height of Structures The maximum height for all structures shall be no more than twenty-five feet above the average pre -construction grade adjoining such structure. The proposed height of the roof is 19'. This is within the standard allowable use in the district. G. Non -Complying Structures Structures in the Queen City Park District are not subject to all provisions of Article 3, non- complying structures shall be subject to the following requirements and restrictions: (1) Any non -complying building or structure may be altered provided such work does not: a. Exceed in aggregate cost thirty-five percent for residential properties and twenty five percent for non-residential properties of the fair market value as determined by the City Assessor or by a separate independent appraisal approved by the Administrative Officer, or b. Involve an increase to the structures height or footprint, or otherwise involve an increase to the square footage of the building or structure. The applicant has proposed a building cost of $18,000 and is thus in compliance with part 'a' of this criterion. However, the square footage of the building will be increased. Therefore, Section 4.08(G)(2) applies: (2) The Development Review Board may approve any alteration which exceeds the thirty- five and twenty-five percent rule described above or which involves an increase to the CITY OF SOUTH BURLINGTON 4 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\misc\mcmahon\mcmahon misc.doc structure's height, footprint, or square footage subject to the provisions of Article 14, Conditional Use Review. Staff has evaluated compliance with the criteria in the section of this report titled `Conditional Use Review'. (3) In addition to the provisions set forth above, the DRB shall determine that the proposed alteration or expansion will not adversely affect: a. Views of adjoining and/or nearby properties; b. Access to sunlight of adjoining and/or nearby properties; and c. Adequate on -site parking. These criteria are evaluated below as part of conditional use review. CONDITIONAL USE CRITERIA Pursuant to Section 14.10(E) of the Land Development Reaulations. 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. Z The proposed use shall conform to the stated purpose of the district in which the proposed use is located. According to Section 4.08(A) of the Land Development Regulations, the QCP Zoning District is formed in order to encourage residential use at densities and setbacks that are compatible with the existing character of the Queen City Park neighborhood. It is designed to promote the area's historic development pattern of smaller lots and reduced setbacks. This district also encourages the conversation of seasonal homes to year round residences. Again, staff finds the proposed addition to be in compliance with the proposed use of the district. 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 does not feel that the proposed addition adversely affect the character of the neighborhood. The QCP district is historically a very dense neighborhood. The proposed addition is to the rear of the property and will be largely unseen. CITY OF SOUTH BURLINGTON 5 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\misc\mcmahon\mcmahon misc.doc (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 because it is a pre-existing non -conforming structure and does not meet the current dimensional requirements. The proposal seeks to increase the non -conformity which is not permitted under the SBLDR's. (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 3.060)(3) of the Land Development Regulations, the proposed building expansion shall meet the following standards: (a) views of adjoining and/or nearby properties; It is difficult to assess how this proposal will affect the views of adjoining and/or nearby properties. This neighborhood is located very close to Lake Champlain and so it is somewhat possible that some favorable views exist. However, from Staff's site visit to the property, it does not appear that this addition would impact those views. The Board should carefully consider any testimony on this matter presented from neighboring property owners who may present a clearer picture. (b) access to sunlight of adjoining and/or nearby properties; It is also difficult to assess this criterion. This neighborhood is very dense and homes are very close together. However, from Staff's site visit to the property, it does not appear that this addition would deny neighboring property owners' access to sunlight. Again, the Board should carefully consider any testimony on this matter presented from neighboring property owners who may present a clearer picture. (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. r� CITY OF SOUTH BURLINGTON 6 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drblmisc\mcmahon\mcmahon misc.doc Staff recommends that the Development Review Board deny miscellaneous application #MS-07-09 as the proposal does not meet the dimensional standards and limitations set forth in the South Burlington Land Development Regulations and does not qualify for any relief available therein. Respectfully submitted, �& Y Cathy LaRose, Associate Planner Copy to: Kate McMahon, Applicant CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802)846-4106 August 9, 2007 Kate McMahon 4 Birch Lane South Burlington, VT 05403 Dear Property Owner: Enclosed is a draft agenda for the August 21, 2007 Development Review Board Meeting. It includes an application for development on your property. This is being sent to you and the abutting property owners to make aware that a public meeting is being held regarding the proposed development. Under Title 24, Section 4464 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval to the Vermont Environmental Court. State law specifies that "Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." 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 meeting. Sincerely, Betsy McDonough Planning & Zoning Assistant Encl. CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 August 15, 2007 Kate McMahon 4 Birch Lane South Burlington, VT 05403 Re: 4 Birch Lane Dear Ms. McMahon: 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 21, 2007 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, Betsy M onough Planning & Zoning Assistant Encl. CITY OF SOUTH BUR,LINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 g fill Coll Permit #-- v 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 ZONING ORDINANCE IN QUESTION (IF ANY): WHAT ACTION OF THE ADMINISTRATIVE OFFICER ARE YOU APPEALING ? 1) OWNS R OF RECORD (Name as shown on deed, mailing address, phone &fax #): 2) LOCATION OF LAST RECORDED DEED (book & page #)� 3) APPLICANT (name, mailing address, phone and fax #) OUR /-/a6- t J , 17 o 59e3 - q 5 X, 4) CONTACT PERSON (person who will receive staff correspondence. Include name, mailing address, phone & fax # if different from above): Xi-725 M C if 5) PROJECT STREET ADDRESS: 6) TAX PARCEL ID #: 7) PROJECT DESCRIPTION A. Existing Uses on Property (including description and size of each separate use): cjlt��l 67 (LY L-LoUSe B. Proposed Uses on Property (include description and size of each new use and existing uses to remain): o ca�" of USA C. Total building square footage on property (proposed buildings & existing building to remain): 'To V4, 1= o o-r- rg/n1T IN6J- - C O UC—IZW - Nam' t-6`', 4 7 51 SF 'Taro.! _ ALL CLW IZS — i iel , %c311GrzGn Fhr-lu . hfs-ij! +-K_+, t . A 2r"i D. Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement & mezzanl e): 6W5r 2- �Ty 1 +- L3A66 4T ABd• 6�� \Irzvj A-vDrti ON Hi-- A-$V • CaRo� = 12 �- (o " IG i::. AVE e- 116:_ R mler� M - O E. Number of residential Units (if applicable, new units & existing units to remain): F. Number of employees & company vehicles (existing & proposed, note office vs. 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. Total parcel size: �p� Sq. Ft. B. Buildings: Existing _ �10 _% / 2 Sq. Ft Proposed % / Sq. Ft.-!}t. C. Overall impervious coverage (build' parking, outside torage, etc) Existing 7-0% / Sq. Ft. (_-MTV.. �r PIS-1NT Proposed % / Sq. Ft. C-►�- �/-JNi 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): $ I z 1 000 B. Landscaping $ C. Other site improvements (please list with cost): Z%) 00 10) ESTIMATED TRAFFIC: 7-0rAL 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): ©w�► Atc-X �- KN" FN -r�l F- (6 (_i v i a N I I/T 0 �4e3 r l �� - Z2�; 7f� { I hereby certify that all the information requested }part,of this application has been submitted and is accurate t the best of my kno edge. TURE OF A I� �r(A SIGNATURE OF PROPERTY'OWNER Do not write below this line DATE OF SUBMISSION: U REVIEW AUTHORITY: Q'Development Review Board ❑ Director, Planning & Zoning I have reviewed this application and find it to be: .COMPLETE Cl Incomplete of Planning & Zoning or Designee ABBOTT, Linwood 4 Birch Lane, Q.C.P. 6 r,i � �:.1 ,�.i .Z is i� -r .✓_:]ti-.i l�'�l-. Section 18.00 area, density and dimensional requirements - mini- mum lot for single-family dwelling 9,500 square feet with 80 feet frontage. Existing lot 22,390 square feet with 135 feet frontage, occupied by a 4 unit multi -family dwelling and a single-family dwelling. Proposed setting off of a 2000 square foot lot with 40 foot frontage to be occupied by the single-family dwelling. Minimum lot for a multi -family dwelling 6000 square foot per unit with 120 foot. frontage (24,000 square feet for a 4-plex). i .t liot. P ''S EA dgN (S0 V,"-44 i .S. P7 11--- 4 1 1 O Q ,�t(30-r-r t PoTAS H 13ROOIc LfN6jv&b AbbOTr 4 13IRG0 LANe Soo -r14 l3uPL,ayTenl V?. E-. Sk I c 0 11 p Z7_3- o 2 s 2 LEGAL NOTICES - sOUTH BURLINGTON ZONING NOTICE Ij In accordance with the South Burling" Zoning Reeggulations and Cho 117, Tito 24, Y.S.A.ontwh�gs� Board. of. PApmnw* South Burlington Offices, Conference Rao�m, 575 Dorset Street, South Mn00oMro o2n6sim,de1r99opn the following: 1) Appeal of Thirty Sixty Associates, Alex Rose serd sssk'ng approval from Sec- tion 13.20 C.1ional uses and Section 19.65 Multiple uses of the South Burlington regulations. Request is for an e stperwwi��.h�str occupy PK- mittsd uses ro include reara- otional faclities, repair shops, retail businesses and arorage and distribution fa- in conunction with an existing r*W complex, an a lot coMainn'mmgg 2.9 acros, located at =Wil- liston Road. 21 Appeal of Solamin Handy se ni .approval from tion 1 65 Multiple usess of of the South wBurling� r�egula- sion ro eonatnact a 20' X 63' addition to on existing 3300 2.ft. building and operate a rd use (State Liquor Store) in conjunction with a mini mart and gasoline sales on a lot cant Ilocated ' Sfiolbu ns Road. 31 Appeal of Linwood Ab- bott seeking a var' — from Section 18.00 Area, density and dimensional re- W#)QF$j"l4 Ngn�e of the South Bur- ls p.rnwn��b Hof a let contak2000 sq.h. with forty (40 feet home-9 From an existing kN whkh .ontains 22,390 sq.h. and is xcupied by two bumps, a' { unit muhi-faarnil and a :acted otrol4 and 6 Birch Umd, G.C.P. 1) Appeal of Three Fifty )orset Street Partnership, truce " from Seati-. 20 ional uses subsection 1.201 ast food rostouranb of the outh Burlington regulations. equest is wor pemwsan to ccupy 1500 sq.ft. an an s:sting 7500 q h. buiid'mg .ith o yogurt Chop in con unction wnh four other ►e :7 and or business uses on lot tatedeeaatt 350 2 Dorset Test. Richard Word, Zoning Admmish'otive Officer arch 10, 1990 C City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 March 6, 1990 Linwood Abbott 4 Birch Lane, Q.C.P. South Burlington, Vermont 05403 Re: Zoning hearing Dear Mr. Abbott: ZONING ADMINISTRATOR 658-7958 Be advised that the South Burlington Board of Adjustment will hold a public hearing on Monday, March 26, 1990 at 7:00 P.M. at the City Offices, Conference Room, 575 Dorset Street to hear your request for a zoning variance. Please plan to attend this hearing. Veryy truly, Richard Ward, Zoning Administrative Officer 1 Encl RW/mcp No Text Official Use City of South Burlington APPLICATION # L/ Application to Board of Adjustment Date q, HEARING DATE � � ,�1 / � ! FILING ATE1G11 U Applicant Z-IA�WC)oJ-) �f�%c�r� X> Owner , leasee , agent Address �I %� I�i �i!t ✓� Telephone # ES �- 6 c 3b' - Z c zs` 3 Landowner 0 c,h crr Address Location and description of property y ), 2O& Type of application check one ( ) appeal from decision of Administrative Officer( )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). Also that hearings are held twice month (second and fourth Mondays). That a legal advertisement must appeal 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. Provisions of zoning ordinance in question f� Reason for, appeal C 1J J e -- S t02e.-t4*, c -,J 0 f a- ri i . C U ;,A,,) ,,) t_ T o 5 e I t, `i 43, it r 4-d i—La -L, The owner or applicant should submit along with this application (8 copies) plans, elevations, landscaping diagrams (drawn to scale) traffic data and any other additional information whi h 11 serve as support evidence to the Board. (� `tom Hearing Date Signature of App ant Do not write below this line SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 117, Title 24, V.S.A. the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington Municipal Offices, Conference Room, 575 Dorset Street, South Burlington, Vermont on Day of Week at to consider the following% Month and Date Time Appeal of-�''�'�' 3 seeking a At*-.- from Section -r of the South Burlington Regulations. Request is for permission to � � u i S .' T� S � � d � �� o � � d- E l�� iz �' �! �. w G 1 J'►% a % /�o.,� i ez arC.� ��.► ( e3��a L A AJ A- f i.3 i � c, t-r � V C �7 �4 L' L7 w e L. L, It IV IV ev)'q Y16- � � r <�cs� Ate, 4., Y�£c+