Loading...
HomeMy WebLinkAboutVR-99-01 - Supplemental - 0002 Sherry RoadCITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 July 18, 2000 Henry & Sherry Barton 2 Sherry Road South Burlington, VT 05403 Re: Deck Dear Mr. & Mrs. Barton: This is to follow up on my letter to you dated May 4, 2000. You have yet to obtain a permit for your deck. Unless you obtain a permit within one (1) week, the City will have no choice but to take legal action to obtain compliance with the zoning regulations. I look forward to hearing from you soon. Sincly a�mm"& J. Be air, Administrative Officer RJB/mcp CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 May 4, 2000 Henry & Sherry Barton 2 Sherry Road South Burlington, VT 05403 Re: Deck Dear Mr. & Mrs. Barton: Enclosed is a copy of a new Section 25.118 of the zoning regulations which became effective on 4/24/00. This new section will allow you to have the deck encroach into the front yard setback up to the average front yard setback of the principal structure on the adjacent lot on the same street frontage. Please review this section of the zoning regulations and contact me to discuss a permit for your deck. If you have any questions, please give me a call. Sincerely, xj Raymond J. Belair, Administrative Officer RJB/mcp Encl Henry P. Barton Sherry M. Barton 2 Sherry Road South Burlington, Vermont 05403 (802) 863-2358 February 16, 2000 Mr. Raymond J. Belair Mr. Joseph Weith South Burlington Planning & Zoning 575 Dorset Street South Burlington, VT 05403 Dear Ray and Joe: This letter will confirm that you have agreed that we may wait until spring to remove the deck on the northern side of our home. You have indicated that there are currently discussions underway that could possibly change the zoning regulations, making removal of the deck unnecessary. Please call if our understanding is incorrect. Thank you. Very truly yours, Sh rry M. Barton CITY OF SOUTH BURLINGTON DEPAKI`MENT OF PLANNING & 'ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 November 4, 1999 Derrick & Kathy Pepin 2 Sherry Road South Burlington, VT 05403 Re: Variance, 2 Sherry Road Dear Mr. & Mrs. Pepin: Enclosed is a copy of the September 7, 1999 Development Review minutes. If you have any questions, please give me a call. Sincerely, Raymond 3. Belair, Administrative Officer RIB/mcp 1 Encl DEVELOPMENT REVIEW BOARD 7 SEPTEMBER 1999 The South Burlington Development Review Board held a regular meeting on Tuesday, 7 September 1999, at T30 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present: John Dinklage, Chair; Garrison Roth, Gayle Quimby, Roger Farley, George Chamberland, Eric Schmidt Also Present: Joe Weith, Director of Planning & Zoning; John Osgood, Bob Marcellino, Dave Marshall, Jeff Balard, Stephen Selin, Jeff Carr, John Magnus, Randall Kay, Robert Davis, Anne Geggis, Kathy Pepin, James McLaine, G. Donald Weaver, Elizabeth Dacey, Mark Sperry, John Hume, Donna Weissman, Pat LeBuda, Mike Weissman, Gregg Beldock 1. Other Business: No issues were raised. 2. Minutes of 3 August and 17 August: Ms. Quimby moved to approve the Minutes of 3 August and 17 August as written. Mr. Farley seconded. Motion passed unanimously. 3. Consent Agenda: a) Design Review application of the Bon Ton Stores, Inc., to install two 100 sq. ft. wall signs at the University Mall, 155 Dorset St. b) Design Review application of John Kennedy to modify the design of an approved 32 sq. ft. freestanding sign, 340 Dorset St. Mr. Farley moved to approve the consent agenda subject to the stipulations in the memorandum of the Director of Planning & Zoning dated 3 September 1999. Mr. Chamberland seconded. Motion passed unanimously. 4. Continued Public Hearing: Application of Derrick & Kathy Pepin seeking a variance from Section 25.00, Area, Density and Dimensional Requirements of the South Burlington Zoning Regulations. Request is for permission to allow a 10' x 12' deck to project ten feet into the required 30 foot front yard setback requirement, 2 Sherry Road: Mr. Dinklage directed members' attention to a letter from the City Attorney regarding this issue. He noted that the essential item had been testimony from the appellant DEVELOPMENT REVIEW BOARD 7 SEPTEM13ER 1999 PAGE 2 regarding a permit issued by the Code Officer allowing a roof to be placed over the deck when he was unaware that the structure itself was illegal. Mr. Dinklage noted that the staff recommendation is to deny the variance. The applicant said that one would assume that if the Zoning Administrator gave a verbal OK for the deck and the city then gave a permit to put a roof over it, that the deck was legal. A neighbor said that the houses being built on Sherry Road now are not in compliance. Mr. Dinklage said if that is so, it should be brought to the attention of the Code Officer. The applicant asked how the decision could be appealed. Mr. Weith said it would be appealed to the Environmental Court. Mr. Moth then moved to deny the application of Derick & Kathy Pepin for a variance based on the Findings of Fact. Mr. Farley seconded. Motion passed unanimously. 5. Public Hearing: Final plat application of Homestead Design, Inc., and Highlands Development Corporation, LLC, to amend a previously approved planned residential development consisting of 244 residential units and an 18 hole golf course. The amendment consists of: 1) combining nine single family lots (lots #13, 136 and 144-150) into one lot and constructing eight duplex and two 3-unit multi -family buildings, 2) combining ten single family lots (lots #98-107) into one lot and constructing eight 3-unit multi -family dwellings and 3) subdividing lot #108 into two lots and constructing three 3-unit multi- family dwellings on one of the lots, Golf Course and Park Roads. This results in 36 additional units for a total of 280 units: Mr. Marcellino noted that these applicants came to the Planning Commission over a year ago and asked to convert some single family lots to town home. These are being built now. This request is similar to that previous request. Mr. Marcellino said they feel this change will be very beneficial to the city as they believe single family homes have more school -age children than multi -family units. It is their contention that if this application is approved, the units will generate 75 fewer children. The coverage for the proposed units is almost identical to the single family units, and a traffic study shows peak hour trip ends are almost identical as well. They will need more water and sewer, but they anticipate the use will actually be less. 2 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURUNGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 September 27 , 1999 Derrick & Kathy Pepin 2 Sherry Road South Burlington, Vermont 05403 Re: Variance, Deck Dear Mr. & Mrs. Pepin: Enclosed is the Findings of Fact, Conclusions of Law and Decision on your request for a variance at 2 Sherry Road. If you have any questions, please give me a call. Sincerelyf 71� F 'r Ra" and 3. Belair, Administrative Officer RW/mcp Encls Certified letter #Z 462 927 128 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 September 8, 1999 Derrick & Kathy Pepin 2 Sherry Road South Burlington, Vermont 05403 Re: 2 Sherry Road Variance Dear Mr. & Mrs. Pepin: Enclosed is a copy of the August 17, 1999 Planning Commission meeting minutes. If you have any questions, please give me a call. Si erely, JoelNeith, Director Planning & Zoning JW/mcp 1 Encl CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 September 8, 1999 Derrick & Kathy Pepin 2 Sherry Road South Burlington, Vermont 05403 Re: 2 Sherry Road Variance Dear Mr. & Mrs. Pepin: Enclosed is a copy of the Findings of Fact and Decision on the above referenced project approved by the Development Review Board on September 7, 1999. Please note the conditions of approval. If you have any questions, please give me a call. (Sinc rely Joe eith, Director Planning and Zoning JW/mcp 1 Encl DEVELOPMENT REVIEW BOARD 17 AUGUST 1999 Motion passed unanimousl 4. PUBLIC HEARING: Application of Derick & Kathy Pepin seeking a variance from Section 25.00, Area, Density and Dimensional Requirements of the South Burlington Zoning Regulations. Request is for permission to allow a 10'xl2' deck to project 10 feet into the required 30 foot front yard setback requirement, 2 Sherry Road: Ms. Pepin explained that they had been told on site by Dick Ward, former Zoning Administrator, that as long as they had 30 feet of frontage, the deck was OK. They now want to sell the house and were told they had needed a variance for the deck. Mr. Shepard said that if the city had put the road where they said they were going to put it, there would have been no problem. Mr. Dinklage said that is not the case, as the setback is measured from the edge of the right-of-way, not the road. as�d Ms. Barton, the potential purchaser,,,as who would Ms. Pepin have gone to for a decision at the time they were considering the deck. Mr. Dinlage said. Dick Ward. Ms. Barton noted that after the deck was built, there was a permit issued to put a roof over it, and nothing was mentioned about a problem when that was issued. Mr. Belair said those permits are routinely issued because they do not encroach fil ther into the setback. He said that when he issued the permit for the roof, he was not aware that the deck was there illegally. Mr. Dinklage said he would like to have staff and the City Attorney review this issue in light of the additional information about the roof which has made the issue more complicated than originally thought. Mr. Farley moved to table the request until 7 September in order to get a further opinion from the City Attorney. Mr. Roth seconded. Motion passed unanimously. 5. Site Plan application of Grippin, Donlan & Roche, PLC, to amend a previously approved plan for a 7965 sq. ft. building with 5800 sq. ft. of general office use and 2165 sq. ft. of warehouse use. The amendment consists of converting 2165 sq. ft. of warehouse use to general office use, 3 Baldwin Avenue: Mr. Bombardier said they will expand the number of parking spaces for a total of 30. They are requesting a 2 space waiver. Four existing trees will have to be relocated for the additional parking. He indicated on the plan where they will be put. The will also install a bike rack. Mr. Bombardier showed photos of the site from various approaches 2 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 September 3, 1999 Derick & Kathy Pepin 2 Sherry Road South Burlington, Vermont 05403 Re: Variance, 2 Sherry Road Dear Mr. & Mrs. Pepin: Enclosed is the agenda and my comments to the Development Review Board. Please be sure someone is present on Tuesday, September 7, 1999 at 7:30 P.M. to represent your request. If you have any questions, please give me a call. Sincerely, Raymon J. Belau, Administrative Officer RJB/mcp Encls MEMORANDUM To: South Burlington Development Review Board From: Raymond J. Belair, Administrative Officer Re: August 17, 1999 agenda items Date: August 13, 1999 2) DIRECTOR OF PLANNING & ZONING'S REPORT a) Site plan application of Richard Marko to amend a previously approved plan to convert a 3000 square foot retail building to a 60 seat restaurant, 1636 Williston Road. The amendment consists of changes to landscaping and coverage and a request for outdoor seating. APPROVED. b) Site plan application of Ben & Jerry's Homemade, Inc. to amend a previously approved plan for a 270,780 square foot building consisting of 65,000 square feet of general office use, 20,000 square feet of warehouse use, and 185,780 square feet of light manufacturing use, 30 Community Drive. The amendment consists of correcting the total building square footage, which is 276,566 square feet, with the following use breakdown: 88,030 square feet of general office use, 18,000 square feet of warehouse use, and 170,536 square feet of light manufacturing use. APPROVED. 3) IRONWOOD PARTNERS LLP & HIGHLAND DEVELOPMENT COMPANY LLC - SINGLE FAMILY TO DUPLEXES - REVISED FINAL PLAT The applicant has requested that this hearing be continued to the September 7, 1999 meeting. 4) DERRICK & KATHY PEPIN - DECK - VARIANCE This request for a variance to allow a 10' x 12' deck, which has already been constructed, to project 10 feet into the front yard setback. 1 Memorandum - Development Review Board August 17, 1999 agenda items August 13, 1999 CRITERIA REVIEW 1) There are no unique physical circumstances or conditions peculiar to this a The lot is not irregular in shape as can be seen on the drawingP rt�cular property. provided. The lot is not narrowe or shallow. It has 70 feet of frontage on Sherry Road and 120 feet of frontage on Brookwood Drive. All the lots along the east side of She Road have these same dimensions. The lot is not smaller than many of the lots in the neighborhood. The unnecessaryhardship is due to the provisions of the zoning regulations and not to any unique Physical condition. The fact that the house location results in the need for the variance is not a physical or al condition unique to that particular property, of a physical 2) Since there are no physical circumstances or conditions, there is a Property can be developed in strict conformity with the provisions of the Possibility that the The property is currently developedg regulations. the ro with a single family dwelling which is a reasonable use of Property. The authorization of a variance is therefore not necessary to enable reasonable use of the property. the 3) The applicant is creating the hardship by proposing to construct a deck that the zoning regulations. t does not meet 4) The authorization of a variance would not alter the essential character of the nor would it impair the appropriate use or development of adjacent property,, nor be detrimental to the public welfare. property,, nor be 5) The authorization of a variance would not represent the minimum variance relief and would not represent the least modification that would afford the plan. possible of the zoning regulations and of Staff recommends a denial of the request since all the five (5) criteria ha ve not been met. 5) This project consist of amending a plan previously approved on 12/1 95 (minutes enclosed) for a 7965 square foot building with 5800 square feet of general office use and 2165 square 2 CITY OF SOUTH BURLINGTON `.MIT NO hPPLICATION FOR ZONING PERMIT let. Copy CODE OFFICER 2nd. Copy CITY ENGINEER ZOIIC.....f 3rd. Copy CITY ASSESSOR L 4th Copy APPLICANT J Date .................................... ..�... 19.......E The undersigned hereby applies for permission to make certain building Improvements as described below. (Plans to be submitted If required by Building Inspector.) All construction to be completed In accordance with the Zoning Laws and Building Regulations of the City of South Burlington and the State of Vermont, and con- form to the Regulations of the National Board of Fire Underwriters and any and all Federal Regulations now in offs". CONSTRUCTION STREET � �� NUMBER OCCUPANCY Single Family Apartment No. Fam. n�nnnn • Storen�30 nnnnn • 10110 Warehouse n�MMERes. in n .,C�nnnn • . • .. • r Garage Attic Ft. & Stri. n r . . . . . -.. No. Cars • C Am . - Station n a Additions -Gas n�MMOnn■In eon©© FOUNDATION. ■.■■■■■■■■■■■. ■.■■�■■�■■■■/■�./�////■■■■�■■■ Concrete n�nnnn ■■■■■■■■■soon ison ■■■■■■■■■■■■■■■■■■■■■■■!r-''�■ Concrete Block NO MEN ■HIM ■■■■■■■■■■I■ ■■■■■■■■■■■SOON■■■■ONENESS in n�nnnn ■ O■■■■MO■MEN=i■■■■■■■■MM■■■M■■■ESN■■■■■■{..,:■■ Piers nnn■n � ■■o■o=■o■Nso■s■o■■ssons■■N■s ■■■■■■■■ ■O■M■■ Cellar Area Fulln n SME■■■MN■■■■■■■■■■ ■■■ ■■■■■■M■■■■E■NM■■■■MM■ Y.n n N■■s■sNN■o■sNo■■■■■i■■■i■■■■■■■■■■s■N■■■■■s■■■ No Cellar SEEM■SEE ■■nEEEEEE■■■■■■■■■■■■■MN■■■E■■■■■■■■■■■■ = = EXTERIOR WALLS ON .:Clap .:: .....■...■.■....■.■■C=..=■■...■■moms .■■■.......... Drop Siding Hot Air Furnace .■..........■■■.....■ ......................... No Sheathing Wood Shingles:NOME : ■■■■■■■■■■■■■■■■■■■■...■■■...■■.■■............ Asbes. Shingles ■■■■■■■■■■■■■■■■..■....■■■..■■■.....■..■...... Stucco an Frame • .■ .................�MMSMNE■■■■■■■■■■■.MONSOO■■ . ............................................. Stucco on Tile C ■.■■E■■oEE........■■■■■..■■..■■■■..■.■...■.... n n ................s■�=■■■■■Nno■■■■osoNonnmonsoons Brick on Tile No .............................................. Solid Brick M@ soiar Panels Stone Veneer nPLUM13ING EleConc. n ■■■ME■S■■MEMO■E■■■■■■ii■EMMMMMSEE■■■■MS■■■sss■� or Cind. Bl. Bathroom IN NM Toilet Roo ■■■■■■.■■■■■n■■n■■■■■N■■■■■■■■■■■u■■■■■■■■■1 I Terra Cotte Water Closet MM■■■■SEE■M■■EEMM■■E■■■■■M■OEM■■ME■■S■■■■■■■■OI Vitrolite Plate Glass 00, Std.- Wat. Heat MOM ■ ■■■■■■■■■■■..■■■S■■■■N■■■■■S■S■N■■■■■■■■■■■■1 Insulation Auto. Wat. Heat ■ ■■■■■■■■■■■■■■■■■n■■■■■■■■■■■■■■■■■■■■■■■■� Elect. Wet. Syst. n ... ROOFINGOM Asph. Shingles n Wood SI n SEEMSTile Asbes. Shingles Slate Metal n Roll Roofing NO. OF ROOMS FEE COMPUTATION $ -!7 Plans received Yes ❑ No ❑ - r SIGNATURE of OWNE r BUILDER ADD SS of. OWNER APPLICATION: REJECTED ❑ APPROVED ISSUED TO Date R 19 i SIGNATURE OF CODE OFFICER PERMIT VALID FOR SIX MONTHS PERMIT SUBJECT TO APPEAL WITHIN 15 DAYS FROM DATE ISSUED No Text DDROa DEVELOPMENT REVIEW BOARD CITY OF SOUTH BURLINGTON RE: APPLICATION OF DERRICK & KATHY PEPIN — DECK -VARIANCE This matter came before the South Burlington Development Review Board pursuant to the previsions of 24 VSA 4468 on application of Derrick & Kathy Pepin, hereinafter "Applicants" for approval of a variance to allow a 10'x12' deck to project ten (10) feet into the front yard setback, 2 Sherry Road. The Applicants were present at the public hearing held relative to this application. Based on evidence submitted at the hearing and as part of the application, the Development Review Board hereby renders the following decision on this application: FINDINGS OF FACT The owners of record of this particular property are Derrick & Kathy Pepin. 2. This property located at 2 Sherry Road lies within the R4 District. The lot has 70 ft. of frontage along Sherry Road and 120 ft. of frontage along Brookwood Dr. 4. This property is developed with a single family dwelling. 5. The deck for which a variance is being sought is existing and was constructed without a zoning permit. 6. All the lots along the east side of Sherry Road have dimensions of 70' x 120'. 7. There are no exceptional topographical features on the property. CONCLUSIONS OF LAW 1) There are no unique physical circumstances or conditions peculiar to this particular property. The lot is not irregular in shape as can be seen on the drawing provided. The lot is not narrow or shallow. It has 70 feet of frontage on Sherry Road and 120 feet of frontage on Brookwood Drive. All the lots along the east fide of°Sherry Road have these same dimensions. The lot is not smaller than many of the lots in the neighborhood. The unnecessary hardship is due to the provisions of the zoning regulations and not to any unique physical circumstances or condition. The fact that the house location results in the need for the variance is not a physical condition unique to this particular property. 2) Since there are no physical circumstances or conditions, there is a possibility that the property can be developed in sit gmWbrmjty with the provisions of the zoning regulations. The property is,cuffc atly dpveloped with a �ingle family dwelling which is a reasonable use of the property. The authorization of a variance is therefore not necessary to enable to reasonable use of the property. 3) The applicant is creating the hardship by proposing to construct a deck that does not meet the zoning regulations. 4) The authorization of a variance would not alter the essential character of the neighborhood nor would it impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare. 5) The authorization of a variance would not represent the minimum variance that would afford relief and would not represent the least modification possible of the zoning regulations and of the plan. DECISION Based on the above Findings of Fact and Conclusions of Law, the South Burlington Development Review Board hereby denies the Applicants' request for a variance to allow a 10' x 12' deck to project (10) feet into the front yard setback, 2 Sherry Road for the following reasons: The five (5) criteria necessary for the granting of a variance pursuant to 24 VSA 4468 have not been met. Dated this day of August 1999 at South Burlington, VT. Chairman or Clerk Memorandum - Development Review Board September 7, 1999 agenda items September 3, 1999 4) DERRICK & KATHY PEPIN - DECK - VARIANCE This application was continued from the August 17, 1999 meeting to provide staff an opportunity to obtain a legal opinion (see enclosed) from the City Attorney regarding legal issues raised at the meeting. Also enclosed is a copy of the zoning permit issued on 7/14/98 to enclose the deck and a copy of staffs August 17, 1999 meeting memo on this application. The deck was never enclosed and the permit has expired. 5) HOMESTEAD DESIGN INC. - ADD MULTI -FAMILY UNITS - FINAL PLAT This project consists of amending a previously approved planned residential development consisting of 244 residential units and an 18 hole golf course. The amendment consists of: 1) combining nine (9) single family lots (lots #135, 136 and #144 - 150) into one (1) lot and constructing eight (8) duplex and two (2) 3-unit multi -family buildings, 2) combining ten (10 ) single family lots (lots #98 - 107) into one (1) lot and constructing eight (8) 3-unit multi- family buildings, and 3) subdividing lot #108 into two (2) lots and constructing three (3) 3-unit multi -family dwellings, on one (1) of the lots, Golf Course and Park Roads. This results in 36 additional units for a total of 280 units. (The total number of units with the Ironwood project is 298 units). The sketch plan was reviewed on 6/8/99 (minutes enclosed). Access: All proposed duplexes and multi -family dwellings will have direct access to Park Road and Golf Course Road which are proposed City streets. Coverage/setbacks: Entire PUD: Building coverage is 3.65% (maximum allowed is 20%). Overall coverage is 7.09% (maximum allowed is 40%). Coverage information for the individual lots was requested but not provided. Buildings 2, 4, 6, 8, 10, 20 & 22 do not meet the rear yard setback requirement of 30 feet, and building 18 does not meet the 20 foot side yard requirement. The Development Review Board under Section 6.607 of the zoning regulations may modify the setback requirements. Density: This proposal will increase the total number of units in the development by 36 units bringing the total number of units in the development to 280 units (298 units with 3 City of South Burlington Official Use c Application to APPLICATION # U HEARING DATE 9//, %% FILING DATE FEE AMOUNT 3S '.3 , Name of applicant(s) N'o VATtty Address 2 % Ht:R-q Telephone # &.3 -4OA G Represented by Landowner S"y- Address Location and description of property Co? -NV- LO ► J SH'i'l'?c byAb RkOj �U��+N�►� 7r�+� c,.� � �+2SEf S� 2�4T Adjacent property owner(s) & Address i.qNn A•j D ?)Ey RIx(NQQ 'T� of application check one: ( ) appeal from decision of Administrative Officer ( ) request for a conditional use ( equest 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 a month, (second and fourth Mondays). 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. Provision of zoning ordinance in question 1DVCY- olL Tv ,two t_b5 t t # W .55 Tc2 C €-1147 Reason for appeal DV�C L T5 AumOV AT-rii N0 Other documentation Date 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 Monday, /�G1 (� at 7:00 P.M. to consider the following: I Appeal of seeking a from Section eid /Yt G,GtJi�' of the South Burlington Zoning Regulations. Request is for permission to No Text MEMORANDUM To: South Burlington Development Review Board From: Raymond J. Belair, Administrative Officer Re: August 17, 1999 agenda items Date: August 13, 1999 2) DIRECTOR OF PLANNING & ZONING'S REPORT a) Site plan application of Richard Marko to amend a previously approved plan to convert a 3000 square foot retail building to a 60 seat restaurant, 1636 Williston Road. The amendment consists of changes to landscaping and coverage and a request for outdoor seating. APPROVED. b) Site plan application of Ben & Jerry's Homemade, Inc. to amend a previously approved plan for a 270,780 square foot building consisting of 65,000 square feet of general office use, 20,000 square feet of warehouse use, and 185,780 square feet of light manufacturing use, 30 Community Drive. The amendment consists of correcting the total building square footage, which is 276,566 square feet, with the following use breakdown: 88,030 square feet of general office use, 18,000 square feet of warehouse use, and 170,536 square feet of light manufacturing use. APPROVED. 3) IRONWOOD PARTNERS LLP & HIGHLAND DEVELOPMENT COMPANY LLC - SINGLE FAMILY TO DUPLEXES - REVISED FINAL PLAT The applicant has requested that this hearing be continued to the September 7, 1999 meeting. 4) DERRICK & KATHY PEPIN - DECK - VARIANCE This request for a variance to allow a 10' x 12' deck, which has already been constructed, to project 10 feet into the front yard setback. Memorandum - Development Review Board August 17, 1999 agenda items August 13, 1999 CRITERIA REVIEW 1) There are no unique physical circumstances or conditions peculiar to this particular property. The lot is not irregular in shape as can be seen on the drawing provided. The lot is not narrow or shallow. It has 70 feet of frontage on Sherry Road and 120 feet of frontage on Brookwood Drive. All the lots along the east side of Sherry Road have these same dimensions. The lot is not smaller than many of the lots in the neighborhood. The unnecessary hardship is due to the provisions of the zoning regulations and not to any unique physical circumstance or condition. The fact that the house location results in the need for the variance is not a physical condition unique to that particular property. 2) Since there are no physical circumstances or conditions, there is a possibility that the property can be developed in strict conformity with the provisions of the zoning regulations. The property is currently developed with a single family dwelling which is a reasonable use of the property. The authorization of a variance is therefore not necessary to enable the reasonable use of the property. 3) The applicant is creating the hardship by proposing to construct a deck that does not meet the zoning regulations. 4) The authorization of a variance would not alter the essential character of the neighborhood, nor would it impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare. 5) The authorization of a variance would not represent the minimum variance that would afford relief and would not represent the least modification possible of the zoning regulations and of the plan. Staff recommends a denial of the request since all the five (5) criteria have not been met. 5) GRIPPIN DONLAN & ROCHE PLC - WAREHOUSE TO OFFICE This project consist of amending a plan previously approved on 12/12/95 (minutes enclosed) for a 7965 square foot building with 5800 square feet of general office use and 2165 square 2 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 August 13, 1999 Derick & Kathy Pepin 2 Sherry Road South Burlington, Vermont 05403 Re: Deck - Variance Dear Mr. & Mrs. Pepin: Enclosed is the agenda for next Tuesday's Development Review Board meeting and my comments to the Development Review Board. Please be sure someone is present on Tuesday, August 17, 1999 at 7:30 P.M. to represent your request. If you have any questions, please feel free to contact me. Sincere , /ayr�ond J. Belair, Administrative Officer RJB/mcp Encls PUBLIC HEARING SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD The South Burlington Development Review'. Board will hold a public hearing at the South Bur- lington City Hall, Confer- ence Room, 575 Dorset', Street, South Burlington, Vermont on Tuesday, August 17, 1999, at 7:30 j p.m. to consider the following: 11 Application of Derick & Kathy. Pepin seeking a variance from Section 25.00, Area, Density and' Dimensional Require- ments of the South Bur- lington Zoning Regula- tions. Request is for permission to allow a 10' x 12' deck to project [10] ten feet into the required 30 foot front yard set- back requirement, 2 Sherry Road. 21 Final plat application of Ironwood Partners, LLP & Highland Develop- ment Company, LLC to amend a planned resi- dential development con- sisting of 244 residential units and an 18 hole golf course. The amendment consists of combining 18 single family lots into one [11 lot and constructing 18 duplex buildings, Fairway Drive. 3] , Final plat application of O'Brien Brothers Agency, Inc. & Daniel O'Brien and Leo O'Brien, Jr., d/b/a O'Brien Brothers, Inc. to reaffirm and confirm the approval of plat approved on March 22, 1988 to sub- stitute five [5] single fam- ily units for three [3] du- plex units, Hayes Avenue. 41 Request of Summer Ice Joint Venture for a two [2] year extension to the expiration date of fi- nal plat approved on 9/10/96 to resubdivide 116.7 acres into 12 lots, Hinesburg Road. 5] Final plat application of Nile & Julie Duppstadt and John and Deborah Alden to terminate the protective covenants of the Paul K. French, M.D. Subdivision approved on 1/15/80 for seven [71 lots, Hinesburg Road and Van Sicklen Road. Copies of the applica- tions are available for - public inspection at the South Burlington City Hall. July 31,1999 ©� a DEVELOPMENT REVIEW BOARD R CITY OF SOUTH BURLINGTON RE: APPLICATION OF DERRICK & KATHY PEPIN — DECK -VARIANCE This matter came before the South Burlington Development Review Board pursuant to the previsions of 24 VSA 4468 on application of Derrick & Kathy Pepin, hereinafter "Applicants" for approval of a variance to allow a 10'x12' deck to project ten (10) feet into the front yard setback, 2 Sherry Road. The Applicants were present at the public hearing held relative to this application. Based on evidence submitted at the hearing and as part of the application, the Development Review Board hereby renders the following decision on this application: FINDINGS OF FACT The owners of record of this particular property are Derrick & Kathy Pepin. 2. This property located at 2 Sherry Road lies within the R4 District. The lot has 70 ft. of frontage along Sherry Road and 120 ft. of frontage along Brookwood Dr. 4. This property is developed with a single family dwelling. The deck for which a variance is being sought is existing and was constructed without a zoning permit. 6. All the lots along the east side of Sherry Road have dimensions of 70' x 120'. 7. There are no exceptional topographical features on the property. CONCLUSIONS OF LAW 1) There are no unique physical circumstances or conditions peculiar to this particular property. The lot is not irregular in shape as can be seen on the drawing provided. The lot is not narrow or shallow. It has 70 feet of frontage on Sherry Road and 120 feet of frontage on Brookwood Drive. All the lots along the east fide of `Sherry Road have these same dimensions. The lot is not smaller than many of the lots in the neighborhood. The unnecessary hardship is due to the provisions of the zoning regulations and not to any unique physical circumstances or condition. The fact that the house location results in the need for the variance is not a physical condition unique to this particular property. 2) Since there are no physical circumstances or conditions, there is a possibility that the property can be developed in st conformity with the provisions of the zoning regulations. 'fie property is,currently developed with a dingle family dwelling which is a reasonable use of the property. The authorization of a variance is therefore not necessary to enable to reasonable use of the property. 3) The applicant is creating the hardship by proposing to construct a deck that does not meet the zoning regulations. 4) The authorization of a variance would not alter the essential character of the neighborhood nor would it impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare. 5) The authorization of a variance would not represent the minimum variance that would afford relief and would not represent the least modification possible of the zoning regulations and of the plan. DECISION Based on the above Findings of Fact and Conclusions of Law, the South Burlington Development Review Board hereby denies the Applicants' request for a variance to allow a 10' x 12' deck to project (10) feet into the front yard setback, 2 Sherry Road for the following reasons: The five (5) criteria necessary for the granting of a variance pursuant to 24 VSA 4468 have not been met. Dated this day of August 1999 at South Burlington, VT. Chairman or Clerk