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Home My WebLink AboutMS-00-04 - Supplemental - 0002 Sherry RoadDEVELOPMENT REVIEW BOARD 19 SEPTEMBER 2000 12. Pursuant to Section 513.1 of the subdivision regulations, the Development Review Board waives the requirements of Section 401.1(i) of the subdivision regulations that: 1) concrete curbs be constructed along the proposed City street, 2) a sidewalk be constructed along the proposed City street, and 3) the pavement width be thirty feet. 13. The Development Review Board approves a sewer allocation of 2168 g.p.d. The sewer allocation shall remain in effect for ten years from the date of final plat approval. Any lots which have not been developed within ten years shall lose their allocation unless reapproved by the Development Review Board. The applicant shall be required to pay the per gallon fee prior to permit issuance. 14. The applicant shall provide street numbers for the development based on the E911 addressing system with the final plat submittal. 15. Road surface shall be 2 inches of bituminous base course and 1 inch of surface course. 16. The fmal plat application shall be submitted within twelve months. Mr. Boucher seconded. Motion passed unanimously. 4. Public Hearing: Application #MS-00-04 of Henry & Sherry Barton seeking approval from Section 25.118(c), Exceptions to Yard Setback and Lot Coverage, of the South Burlington Zoning Regulations. Request is for permission to allow a 10' x 12' deck to project 10 feet into the required 30 foot front yard setback requirement, 2 Sherry Road: Mrs. Barton noted that when they purchased the property, the deck was already there. Mr. Cameron expressed concern that if the Board tells the Bartons they can't have railings and someone subsequently gets hurt, the city might get sued. Mr. Boucher moved the Development Review Board approve application #MS-00-04 of Henry & Sherry Barton under Section 25.118(c) of the South Burlington Zoning Regulations to legitimize a 10' x 12' deck addition that was constructed last year without a permit that projects 10 feet into the 30 foot front yard setback requirement in the Residential Four District, 2 Sherry Road, as depicted on a plan entitled "House," with a stamped received date of July 27, 2000, with the following stipulations: C DEVELOPMENT REVIEW BOARD 19 SEPTEMBER 2000 1. All previous approvals and stipulations whic_' are not superseded by this approval shall remain in effect. 2. The applicant shall obtain a zoning permit within six months pursuant to Section 27.302 of the Zoning Regulations or this approval is null and void. 3. Any material alteration to the deck or any change to the site plan shall require approval by the South Burlington Development Review Board. Mr. Cameron seconded. Motion passed unanimously. 5. Public Hearing: Final Plat application #SD-00-45 of William & Charlotte Ross for Stonhedge "M" Association to amend a planned residential development consisting of 16 units in four buildings, Cluster "M." The amendment consists of amending the landscaping plan to approve the "as - built" landscaping, Stonehedge Drive: Ms. Quimby stepped down during this hearing due to a conflict of interest. Mr. Lisman, representing "M" Association, said he didn't know why what was approved was not built. The only reason this was noticed was because of the Bianchi decision. He said they are asking for approval of what was built. Residents can't sell. their homes until this is approved. Mr. Lisman noted that staff is asking for more trees. He said that what is there is very mature. He acknowledged that more trees could make it look better, but he didn't know if that was necessary. Mr. Belair said he hoped staff could work with the applicant if the Board wants more trees. Ms. Ravin, a member of the "M" Board,. said there are residents who want to market their units immediately. She said she would like to see the plan approved "as built" and then let the residents decide where to put in more landscaping. She noted that residents would have to pay for this landscaping as they couldn't go after the developer now. Mr. Belair noted there was never a CO issued. He recommended staff work with the applicant on plantings that will be beneficial for them. Mr. Dinklage suggested $1000 in new landscaping and let residents work out what and where with staff. Members agreed. VA CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONP 05403 (802) 846-4106 FAX (802) 846-4101 October 19, 2000 Henry & Sherry Barton 2 Sherry Road South Burlington, VT 05403 Re: #MS-00-04, 2 Sherry Road Dear Mr. & Mrs. Barton: Enclosed is a copy of the September 19, 2000 Development Review Board minutes on the above referenced project. If you have any questions, please give me a call. Sincerely, Sarah MacCallum, Planning & Zoning Assistant SM/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 October 3, 2000 Henry & Sherry Barton 2 Sherry Road South Burlington, VT 05403 Re: Deck Addition Dear Mr. & Mrs. Barton: Enclosed please a copy of the Finding of Facts of the Development Review Board meeting on September 19, 2000 (effective date October 3, 2000). Please note the conditions of approval, including that a zoning permit be obtained within six months or this approval is null and void. If you have any questions, please give me a call. Sincerely, 1��-� Sarah MacCallum Planning & Zoning Assistant Enclosure p 9/19/00 C MOTION OF APPROVAL HENRY & SHERRY BARTON - 2 SHERRY ROAD I move the South Burlington Development Review Board approve application #MS-00-04 of Henry & Sherry Barton under Section 25.118(c) of the South Burlington Zoning Regulations to legitimize a 10 foot by 12 foot deck addition that was constructed last year without a permit that projects 10 feet into the 30 foot front yard setback requirement in the Residential Four District, 2 Sherry Road, as depicted on a plan entitled "House", with a stamped received date of July 27, 2000, with the following stipulations: I. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 27.302 of t4e Zoning Regula ions or this apprg-val.is null and void. 3. Any -change to the site plan shall require approval by the South Burlington Development Review Board. n V� l T5� St tbewFJc.ir -' , 2 � DECk ® C) 0 W N i J �. 0 aT U 40 7- 70'x /ZOJ i L)oc mcs i f 32? _ /JO,� / 5 T (wo0 8m rr) GL s cHw11,e ?— DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 September 15, 2000 Henry & Sherry Barton 2 Sherry Road South Burlington, VT 05403 Re: Deck Addition Application Dear Mr. & Mrs. Barton: Enclosed is the agenda for next Tuesday's Development Review Board meeting and my comments to the Board. Please be sure someone is present on Tuesday, September 19, 2000 at 7:30 p.m. to represent your request. If you have any questions, please give me a call. SincerelX., Raymond J. Belair, Administrative Officer RJB/mcp Encls Development Review Board September 19, 2000 (iii) adequate on -site parking; and (iv) safety of adjoining and/or nearby property The applicant has submitted a report addressing these criteria (please see enclosed). It is staff s recommendation that the side yard encroachment will not have an adverse affect. The existing structure projects ten feet into the front yard setback. The applicant has proposed encroaching an additional foot into the front yard setback for an overall encroachment of 11 feet. It is staff s position that the proposed encroachment is acceptable. While staff would normally recommend against further encroachment into the front yard setback in which the proposed encroachment is not similar to any other structure in the neighborhood, the proposed project is for an enclosed accessible lift which will expand the least amount possible into the front yard setback. An accessible ramp would be exempt from front yard setbacks, and staff believes that a lift that is incorporated into the fabric of the existing building would pose less of an effect on the neighborhood than a ramp. Criteria of Section 25.118 (e): This section provides for encroachment of a structure to within less than ten (10) feet from the property line provided survey data from a licensed surveyor showing the location of affected property lines, existing and/or proposed structures, and any other information deemed necessary by the Administrative Officer is provided. A survey plat of the property has been provided. 5) CONTINUED - BARRETT — SITE PLAN — TRAILER & ACCESS DRIVE, 6 LIME ROCK ROAD This project was continued from the September 5, 2000 Development Review Board meeting at the request of the applicant (memo enclosed). The applicant is working with a surveyor to delineate the floodplain and may present new information on the location of the floodplain at the meeting. 6) HENRY & SHERRY BARTON — MISCELLANOUS APPLICATION — DECK ADDITION, 2 SHERRY ROAD The applicants are seeking approval under Section 25.118 of the South Burlington Zoning Regulations to legitimize a 10 foot by 12 foot deck addition that was constructed last year without a permit that projects 10 feet into the 30 foot front yard setback requirement, 2 Sherry Road. Since this encroachment is more than average, the project must be reviewed under Section 25.118(c) of the Zoning Regulations. Section 25.118 is a new addition to the Zoning Regulations that provides exceptions to yard setback and coverage requirements for lots in existence prior to February 28, 1974 that are primarily a single family or two-family residence. This property at 2 Sherry Road is a corner lot located in the Residential Four District. It is bounded on the north by Brookwood Drive, on the west by Sherry Road, on the south by a single family residence, and on the east by a doctor's office. 2 Development Review Board September 19, 2000 2 Sherry Road, Brookwood Drive Frontage Criteria of Section_25.118 (c): This section provides for encroachment of a structure to within three feet of the side yard property line provided that the encroachment will not have an undue adverse affect on: (i) views of adjoining and/or nearby properties (ii) access to sunlight of adjoining and/or nearby properties (iii) adequate on -site parking; and (iv) safety of adjoining and/or nearby property The addition is along the Brookwood Drive frontage, which is considered the second front yard of the property. One of the requirements of this criteria is that a structure may encroach into a required front yard setback up to the average front yard setback of principal structures on adjacent lots on the same street frontage. The deck proposed will encroach more than the immediately adjacent lot. The applicant must therefore be prepared to address the deck's effect on views of adjoining and/or nearby properties, access to sunlight of adjoining and/or nearby properties, adequate on -site parking, and safety of adjoining and/or nearby properties. The immediate adjacent lots front on other streets and are therefore hard to compare in terms of front yards. The properties across the street and two down along Brookwood Drive are perhaps better examples for comparison of front yard setbacks along the street. There are several adjacent structures that have similar front decks and similar front yard setbacks. Staff has requested that the applicant provide information on the setbacks of these properties. North side of Brookwood Drive Development Review Board September 19, 2000 The deck addition appears to be consistent with the existing average front yard setbacks along the Brookwood Drive although not consistent with the immediate adjacent property. Staff believes that the deck will not create an adverse effect because it is the character of the neighborhood to have small front yard decks. Staff, however, recommends that the Board restrict the proposed encroachment to a deck without railings or other improvements to ensure that the deck is not changed to an other type of addition, such as a garage, that may create an adverse effect. 7) WH LIAM & CHARLOTTE ROSS — FINAL PLAT — STONEHEDGE CONDOMINIUMS "M" CLUSTER LANDSCAPING, STONEHEDGE DRIVE This project proposes to legitimize the present landscaping of the "W Cluster of Stonehedge Condos. The existing landscaping differs significantly from the landscaping last approved by the Planning Commission as part of the project's site plan on November 27, 1979 (minutes enclosed). Since this last approval there have been minor administrative changes to the parking layout and placement of the buildings. The property on Stonehedge Drive lies within the Residential Four District. It is bounded on the east by Spear Street, on the south by a single family residence, on the west by Szymanski Park, and on the north by the lands of the University of Vermont. Landscaping: The applicant is proposing to legitimize the mature landscaping existing on the site as the approved landscaping. The previous site plan approval did not require the applicant to bond for the landscaping and therefore the value of the actual plantings can not be compared to the approved plantings. The existing landscaping does provide some of the same intended effect as the approved landscaping but lacks in some areas. The existing landscaping does not provide adequate coverage along the edge of unit M16 facing Stonehedge Drive, between units M13 and M12, along the street fagade of unit M9 and M8, and between the parking area and the street which serves unit M9. The proposed landscaping plan should be revised to include new tree plantings in these areas. The new plantings should not be a dwarf tree and an adequate number should be planted in consultation with staff to provide screening for the buildings and the parking area. Edge of unit M16 facing Stonehedge Drive Between units M13 and M12 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, September 19, 2000, at 7:30 P.M. to consider the following: 1] Appeal #AO-00-09 of Albert & Marie St. Amand appealing the issuance of a Notice of Violation dated .July 18. 2000 by the Administrative Officer and a request for a Stay of Enforcement of the a[- leged violation for prop- erty at'55 Swift Street. 2] Appeal #AO�00-08 of Lawrence & Cynthia, Caron appealing the is- suance of a Notice of Vi- olation dated July 13, 2000 by the Administra- tive Officer for property at 4095 Williston Road. 31 Final plat application #SD-00-45 of William & Charlotte Ross for Stonehedge "M" Associ- ation to amend a planned residential development consisting of 16 units in tour [41 buildings, Cluster 'M". The amendment consists of amending the landscaping plan to ap- prove the "as -built'' landscaping, Stonehedge Drive. 41 Application #MS-00- 04 of Henry & Sherry Barton seeking approval from Section 25.118[e]. Exceptions to Yard Set- back and Lot Coverage, of the South Burlington Zoning Regulations. Re- quest is for permission to allow a 10'x12' deck to project 10 feet into the required 30 foot front yard setback require- ment, 2 Sherry Road. John Dinklage, Chairman South Burlington Development Review Board Sept. 2, 2000 City of South Burlington Application to Development Review Board Name of applicants) Official Use APPLICATION # 0 / BEARING DATE FILING DATE �ZC�G O C 11� FEE AMOUNT Address2 5/�E�'ti'y /?U/3o Telephone # ( � ✓ j Represented b/y/ Landowner lle7VI ' y s/�E�'�2�/ L�/%iZ /G✓� Location and description of property 2- 1-lcee y lei,. Cootwce c r &Pogo�&j C(,.tD Adjacent property owner(s) & Address Type of application check one- ( ) appeal from decision of Administrator 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). That a legal advertisement must appear a minimum of fifteen (15) days prior to the hearing and I agree to pay a hearing fee which is to off -set the cost of hearing. Describe request: Other documentation: ` �� SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 117, Title 24 V.S.A. the South Burlington Development Review Board will hold a public hearing at the South Burlington Municipal Offices, Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, at 7:30 P.M. to consider the following: Application of seeking a from Section of the South Burlington Zoning Regulations. Request is for permission to y et DEC K 0 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 January 17, 2000 Henry & Sherry Barton 2 Sherry Road South Burlington, VT 05403 Re: Zoning Violation, Deck Dear Mr.& Mrs. Barton: The deck located on the north side of your house, as you are aware, was constructed without a zoning permit. Therefore, it must be removed. You have two (2) weeks from the date of this letter to remove the deck. If you need additional time, please let me know. Thank you for your anticipated cooperation in this matter. Sincerely,, Iz lea on "d�� J. Belair, Administrative Officer RJB/mcp