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HomeMy WebLinkAboutVR-05-02 - Supplemental - 1397 Spear StreetCITY OF SOUTH BURLINGTON DE, PARTMENT OF Pi ANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 August 18, 2005 Andrew & Carolyn Fitzgerald 1397 Spear Street South Burlington, VT 05403 Re: Minutes Dear Mr. & Mrs. Fitzgerald: For your records, enclosed is a copy of the minutes from the July 5, 2005 Development Review Board meeting. If you have any questions, feel free to contact me. Sincerely, Betsy McDonough Planning & Zoning Assistant Encl. DEVELOPMENT REVIEW BOARD 5 J1JLY 2005 13. Sketch Plana Application #SD-05-47 of Charles & Patricia Shea to subdivide a 9.14 acre parcel developed with a single family dwelling into four lots of 7.01 acres (lot #1), 0.74 acres (lot #2), 0.69 acres (lot #3), and 0.70 (lot #4), 680 Now➢and Farm Road and 14. Public Hearing: Preliminary plat application 4SD-05-48 and Final Plat #SD- 05-49 of Charles & Patricia Shea to subdivide a 9.14 acre parcel developed with a single family dwelling into four lots of 7.01 acres (lot #1), 0.74 acres (lot #2), 0.69 acres (lot #3) and 0.70 acres (lot #4), 680 Howland Farm Road: Mr. Dinklage noted this application had been approved by the Board but the mylar was not filed. Regulations require the application be redone from scratch. Ms. Hinds noted the application has been to the City Council for interim zoning review. Ms. Quimby moved to approve Preliminary Plat Application 4SD-05-48 and Final Plat Application #SD-05-49 of Charles & Patricia Shea subject to the stipulations in the draft motion. Mr. Bolton seconded. Motion passed unanimously. 1 S. public Hearing: application #VR-05-02 of Andreae & Carolyn Fitzgerald seeping a variance from Section 13.04(A)(4) of the South Burlington Land Development Regulations. Request is to be exempt from the requirement that an in -ground swimming pool be completely enclosed by a wall, fence or other substantial structure not less than four feet in height, 1397 Spear Street: Mr. Dinklage said that the applicants had not met the criteria for a variance, and he suggested they speak with Ms. Hinds. He also noted the Board is not familiar with the technology the Fitzgeralds have described and suggested they present these to the Planning Commission and see if they will consider a change in the ordinance. Ms. Hinds said there are concerns regarding insurance, case law, etc. Mr. Kupferman then moved to approve application #VR-05-02 of Andrew & Carolyn Fitzgerald. Ms. Quimby seconded. Motion failed 0-6. 16. Public Hearing: Application #C11-05-11 of Peter & Deborah Galbraith for conditional use approval under Section 14.10, Conditional Use Review, of the South Burlington Land Development Regulations. Request if for permission to construct a retaining wall along Lake Champlain which is approximately 16' x 97', 68 Bartlett Bay Road: Mr. Galbraith said the construction will be of concrete block with the look of stone. City of South Burlington Department of Planning & Zoning 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 7002 2030 0002 0651 3399 bar FI�I??II CITY OF SOUTH U.RL1!N(GT` i,,,1 DEPARTMENTOF 3r,\T `TG 575 DORSET STREET (802) 846-4106 Fffi]- (802) 846-4101 July 28, 2005 Andrew & Carolyn Fitzgerald 1397 Spear Street South Burlington, VT 054.03 Re: Variance Application #VR-05-02 Dear Mr. & Mrs. Fitzgerald: Enclosed, please find a copy of the Development Review Board Findings of Fact and Decision regarding the above referenced project. If you have any questions, please feel free to contact me. Sincerely, Betsy McDonough Planning er Zoning Assistant CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNE'4G & ZONE,4G 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 July 11, 2005 Andrew & Carolyn Fitzgerald 1397 Spear Street South Burlington, VT 05403 Re: Variance Application #VR-05-02 Dear Mr. & Mrs. Fitzgerald: Enclosed, please find a copy of the Findings of Fact and Decision of the above referenced project. If you have any questions, please contact me. Sincerely, r Betsy McDonough Administrative Assistant Encl. CITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD \drb\var\fitzgerald\variance. doc Agenda #16 Owner/Applicant Andrew & Carolyn Fitzgerald 1397 Spear Street S. Burlington, VT 05403 Location Map DEPARTMENT OF PLANNING & ZONING Report preparation date: June 17, 2005 Application received: May 25, 2005 VARIANCE APPLICATION #VR-05-02 1397 Spear Street Meeting date: July 5, 2005 Property Information Tax Parcel 1640-01397 Residential 1 Zoning District Andrew and Carolyn Fitzgerald, hereinafter referred to as the applicants, are seeking a variance from Section 13.04(A)(4) of the South Burlington Land Development Regulations. The request is to be exempt from the requirement that an in -ground swimming pool be completely enclosed by a wall, fence, or other substantial structure not less than four (4) feet in height, 1397 Spear Street. The swimming pool has already been built and is not enclosed by any wall or fence; thus the property is in violation of the South Burlington Land Development Regulations. CITY OF SOUTH BURLINGTON 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\var\mazur\variance.doc Associate Planner Cathyann LaRose and Administrative Officer Raymond Belair, referred to herein as Staff, have reviewed the plans and have the following comments: VARIANCE RE VIE W,STANDAR&V Title 24, Section 4468 of the Vermont Municipal and Regional Planning, and Development Act establishes the following review standards for all variance requests: On an appeal under section 4464 or section 4471 of this title wherein a variance from the provisions of a zoning regulation is requested for a structure that is not primarily a renewable energy resource structure, the board of adjustment or the development review board, or the environmental court created under 4 V.S.A. chapter 27 shall grant variances, and render a decision in favor of the appellant, if all the following facts are found and the finding is specified in its decision. (1) That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property, and that unnecessary hardship is due to such conditions, and not the circumstances or conditions generally created by the provisions of the zoning regulation in the neighborhood or district in which the property is located. Staff feels that the subject property does not meet this requirement. The construction of a fence or wall at the required location is not dependent on the shape, size, or exceptional topographical features of the property. (2) That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the zoning regulation and that the authorization of a variance is therefore necessary to enable the reasonable use of the property. This property does not contain any unique physical circumstances or features, so the subject property does not meet this requirement. In addition, the subject property is currently developed with a single- family dwelling, which staff feels is a reasonable use of the property. (3) That the unnecessary hardship has not been created by the appellant. Any hardship that exists is being created by the appellant, as the applicant constructed the swimming pool without planning for the required fence. (4) That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, substantially or permanently impair the appropriate use or development of adjacent property, reduce access to renewable energy resources, nor be detrimental to the public welfare. CITY OF SOUTH BURLINGTON 3 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \d rb\var\mazu r\vari a nce.doc Staff does not feel that the variance, if authorized, would alter the essential character of the neighborhood, nor would it permanently impair the appropriate use or development of adjacent property, reduce access to renewable energy resources, or be detrimental to public welfare. (5) That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least deviation possible from the zoning regulation and from the plan. Staff does not feel that the variance, if authorized, would represent the minimum variance that will afford relief or represent the least deviation possible from the South Burlington Land Development Regulations. The subject property is 2.77 acres. There is a great deal of land available surrounding the pool on which to construct a wall, fence, or other substantial structure that would be in compliance with the South Burlington Land Development Regulations. RECOMMENDATION South Burlington Land Use Regulations require that the applicant meet all five of the criteria for approval of a variance. As all five of the above criteria are not met, staff recommends that the Development Review Board deny Variance application #VR-05-02. Respectfully submitted, Cathyann LaRose, Associate Planner Copy to: Andrew and Carolyn Fitzgerald, applicants Andrew Fitzgerald 1397 Spear Street South Burlington, Vermont 05403 Development Review Board South Burlington, Vermont Dear Board, We are requesting a variance for an electric security -safety cover on our pool in place of the required fence. Our property is 2.77 acres on Spear Street. We are not in a neighborhood, and do not have unsupervised children crossing our lot. Our pool is not visible from either Spear Street or Cedar Glen Drive. We understand the need for safety in preventing accidental drowning. In the past a fence may have been the best option to prevent unsupervised access to a pool. Our motor - powered pool cover is a newer technology that provides superior protection from accidental drowning when compared to a fence. - The pool cover is closed when the pool is not used. A key access prevents anyone from opening the pool without our knowledge. - Fences can fail for many reasons: gates can be left open, or latches fail to work, older children can open the fence for smaller children, and fences can be easily climbed by most children. - Small children are attracted to water and any floating objects in the pool. Covers completely close off the view of the water. - A pool cover performs other important functions in the maintenance of the pool and is more likely to be kept in good working order. Fences serve no other purpose than security and are often allowed to fall into disrepair. - Covers do not block the view of the pool. When viewed from the house, it is difficult to determine if the latch on a gate is secured. With a cover, it is obvious if the pool is covered or uncovered. We argue that a security -safety cover is more effective than a fence in preventing accidental drowning. Our security -safety cover is essentially a "horizontal" fence. We should not overlook a technology that can be superior. We are asking the board to allow a variance from the required fence. Sincerely, Permit Number - 0,�- -y 9 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 hearing. Type of application check one: ( ) Appeal from decision of Administrator Officer (includes appeals from Notice of Violation) ( ) Request for a conditional use (�f Request for a variance ( ) Other PROVISION OF ZONING ORDINANCE IN QUESTION (IF ANY) rC,wL, All vvwb AooL WHAT ACTION OF THE ADMINISTRATIVE OFFICER ARE YOU APPEALING? r:tliU tc, SGc-,2i,-si / S4+zj-4 ,A) d4kcC' or iyCG 1) OWNER OF RECORD (Name as shown on deed, mailing address, phone and fax 03 -1190 2) LOCATION OF LAST RECORDED DEED (Book and page 3) APPLICANT (Name, mailing address, phone and fax #) SA j 4) CONTACT PERSON (Name, mailing address, phone and fax #) SA ,A� 5) PROJECT STREET ADDRESS: 139 % t�c/tfL S%'Rtti i 6) TAX PARCEL ID # (can be obtained at Assessor's Office) L to Y d 01 391 A) CONTACT rFERSON (person wA will receive staff "_Y �\i ing addre Nplone & fax # if iff rent from above. �rC Tri r n r�r� nn. - [r-M Jcc, S i REE i Du ate. \) TAX CEL iD #: -,,A7) PROJECT DESCRIPTION spondence. Ihd�ude name, A. Existing Uses on Property (including description and size of each separate use): TOOL, — S wJtKMrr/(a . �/ lCiti WC► ►2�S B. Proposed Uses on Property (include description and size of each new use and existing uses to remain): C. Total building square footage on property (proposed buildings & existing building to remain): S i Ijb / �h A"2y x Iv i D. Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement & mezzanine): E. Number of residential Units (if applicable, new units & existing units to remain): e 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: B. Buildings: Existing _ Proposed Z / / Sq. Ft. Sq.Ft Sq. Ft. C. Overall impervious coverage (building, parking, outside storage, etc) Existing { 10 -4 % / z iy AzA S q. Ft. Proposed % / 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): $ b00 , 00 B. Landscaping $ C. Other site improvements (please list with cost): J)GC(., f30, 42610 10) ESTIMATED TRAFFIC: A. Average daily traffic for entire property (in and out): /Vi/A 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 0-1310 3 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): ��Mpit,/L ii ! ull�K�NS y r r SAi AA, S, Lw(,,v�/ S'71 NG tttb (,V &,AJbvHIA/ ! "/(J S. dLc4LO/1, M V I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. SIGNATURE OVAPPLICANT Ctelu� J x SIGNATURE OF PROPERTY OWNER Do not write below this line DATE OF SUBMISSION:�j %S REVIEW AUTHORITY: 14 Development Review Board ❑ Director, Planning & Zoning I have reviewed this site plan application and find it to be: LJ Complete ❑ Incomplete of Planning & Zoning or Designee 4 E Page 1 of 2 Betsy McDonough From: Lani Ravin [Lani.Ravin@uvm.edul Sent: Tuesday, June 14, 2005 108 PM To: Betsy McDonough Subject: RE: abutters notices for Stonehedge Hi Betsy, I printed out copies, and I'll distribute to the M's (M-1 -- M-16). I can also give a copy to the L representative, who happens to work with me. Does this mean small children will be able to fall into the pool? I personally know of two separate tragedies when toddlers wandered into a pool area, fell in and they didn't die -- they just became completely incapacitated, mentally and physically, for the rest of their lives. So I'd hate to live in or even be a neighbor to a home that has a pool that is not completely enclosed. If this is relevant (i.e. I understood the request for a variance correctly) please pass this on to the DRB. Thank you, Lani At 02:37 PM 6/14/2005 -0400, you wrote: Thanks Lani! Ive left a message with Beth. Ive attached the public notice if youd like to print it and put in your cluster. The project of interest that abuts your property is item # 5. Betsy Prom: Lani Ravin [maiito:Lani.Ravin@uvm.edu] Sent: Tuesday, June 14, 2005 11:26 AM To: Betsy McDonough Subject: Re: abutters notices for Stonehedge Hi Betsy, Yes, I still live in Stonehedge. The property manager is Beth Mueller, and her phone # is 893-0268. There are association reps for each cluster/letter, A - N. That's the best way to inform everyone. Beth should know the reps for each cluster (letter!). For the M's, I'm not sure we have much of a representative right now. If Beth wants to send it to me I'll make sure it gets to all the M's. 6/14/2005 '' j I Ir CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802)846-4io6 June 15, 2005 William & Tanya Cimonetti 1393 Spear Street South Burlington, VT 05403 Dear Property Owner: Enclosed is a copy of a public notice published in Seven Days. It includes an application for development on property located near your property. This is being sent to you to make you aware that a public hearing is being held regarding the proposed development. If you would like to know more about the proposed development, you may call this office at 846-41o6, stop by during regular office hours, or attend the schedule public hearing. Sincerely, Betsy McDonough Administrative Assistant Encl. 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802)846-4io6 June 15,2005 Thomas & Ellen Wilkins 1411 Spear Street South Burlington, VT 05403 Dear Property Owner: Enclosed is a copy of a public notice published in Seven Days. It includes an application for development on property located near your property. This is being sent to you to make you aware that a public hearing is being held regarding the proposed development. If you would like to know more about the proposed development, you may call this office at 846-4lo6, stop by during regular office hours, or attend the schedule public hearing. Sincerely, Betsy McDonough Administrative Assistant Encl. ft4er 1117EI #T,-rffAVj-j'1 575 DORSET STREET SOUTH BUR-LINGTON, VT 05403 (802)846-4io6 I June 15, 2005 JAM Golf, LLC PO Box 132 Lyndon Center, VT o585o Dear Property Owner: Enclosed is a copy of a public notice published in Seven Days. It includes an application for development on property located near your property. This is being sent to you to make you aware that a public hearing is being held regarding the proposed development. If you would like to know more about the proposed development, you may call this office at 846-4io6, stop by during regular office hours, or attend the schedule public hearing. Encl. 22B I june 15-22, 2005 1 SEVEN DAYS 20 Kimball Avenue, Suite 303N South Burlington., VT 05403- 6805 Phone:(802) 651-1745 For special assistance or further information, call Jim Purdy at the Louis Berger Group, 800- 735-8999 ext 335. PUBLIC HEARING SOUTH BURLINGTON DEVEL- OPMENT REVIEW BOARD The South Burlington Development Review Board will hold a public hearing at the South Burlington City Hall Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, July 5, 2005, at 7:30 P.M. to consider the following: 1. Preliminary plat application #SD-05-45 of J. Larry & Leslie 6. Final plat application #SD-05- 43 of Farwater, Ltd to amend a planned unit development con- sisting of: 1) 85 residential units in four (4) buildings, and 2) 124 units of congregate care in three (3) buildings. The amendment consists of adding a fourth con- gregate care building with 26 units, Lime Kiln Road. 7. Application #CU-05-11 of Peter & Deborah Galbraith for Conditional Use Approval under Section 14.10, Conditional Use Review, of the South Burlington Land Development Regulations. Request is for permission to construct a retaining wall along Lake Champlain which is approx- imately 16' x 97', 68 Bartlett Bay Road. 8. Reconsideration of Master plan application #MP-04-01 of South Village Communities, LLC 5. Clarify grandfatherng star- dard for Traffic Overlay District 6. Modify buffer standards and eliminate warehousing as an allowable use in the Indostrial- Open Space district 7. Allow residences meeting FAA standards within Airport Approach Cones. Copies of the proposed amend- ments are available for public inspection between the hours of A final Re -Certification will be THE issue : for each facility without a CEF, public informational meeting dent unless a written request for a for i public meeting, signed by at sury least 25 residents, by the Town 5:3( Selectboard/City Council, by the THl Chittenden County Regional CH. Planning Commission, by CSWD, Fr': or by an adjoining landowner or Tur resident, is received by the at Program no later than 4:30 p.m., 4c July 1, 2005. jr 8:00 AM and 4:30 PM on week- a days in the Planning & Zoning Comments and questions must a Department at City Hall, and in be received by 4:30 p.m. July 1, e the City's website, 2005, and must be addressed to: a www.sburL.com. Jeff Bourdeau, Vermont Solid b Waste Management Program, 103 fr June 15, 2005 South Main Street, Waterbury, VT f: Marcel Beaudin, Chairman 05671-0404 (Tel: 802-241-Y84, Ti Fax:802-244-5141). M Pnhiir Nntire DI CITE' OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802)846-4ii©6 June 15, 200 5 Andrew & Carolyn Fitzgerald 1397 Spear Street South Burlington, VT 05403 Dear Property Owner: Enclosed is a copy of a public notice published in Seven Days. It includes an application for development on property located near your property. This is being sent to you to make you aware that a public hearing is being held regarding the proposed development. 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 schedule public hearing. Sincerely, 'T�'tq ��DOY�C4 N-- Betsy McDonough Administrative Assistant Encl. CITE' OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING 575 DOIZSET STREET SOUTH BURLINGTON, V-T 05403 (802)84.6-4io6 June 15, 2005 Mary Jane Marchelwicz Stonehedge South Homeowners Assoc. I-8 Stonehedge Drive South Burlington, VT 05403 Dear Property Owner: Enclosed is a copy of a public notice published in Seven Days. It includes an application for development on property located near your property. This is being sent to you to make you aware that a public hearing is being held regarding the proposed development. If you would like to know more about the proposed development, you may call this office at 846-4io6, stop by during regular office hours, or attend the schedule public hearing. Sincerely, Betsy McDonough Administrative Assistant Encl. CITY OF SOUTH BURLIENTGTON DEPARTMENT OF PLANNING & ZONLNG 575 DORSET STREET SOUTH BURR-JNGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 June 30, 2005 Andrew & Carolyn Fitzgerald 1397 Spear Street South Burlington, VT 05403 Re: 1397 Spear Street Dear Mr. & Mrs. Fitzgerald: Enclosed is the agenda for next Tuesday's Development Review Board meeting and staff comments to the Board. Please be sure that someone is at the meeting on Tuesday, July 5, 2005 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 onough Administrative Assistant Encl.