Loading...
HomeMy WebLinkAboutMS-03-01 - Supplemental - 1404 Spear StreetCITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 March 5, 2003 Todd & Maureen Wulfson 29 Pinnacle Drive South Burlington, VT 05403 Dear Mr. & Ms. Wulfson_ Notice of Decision Miscellaneous Application MS-03-01 1404 Spear Street Enclosed please find a copy of the Development Review Board's (DRB) Findings of Fact, Conclusions and Decision for your single family dwelling within the restricted area of the Southeast Quadrant District. The DRB's approval is subject to the 4 conditions listed on page 3 of the enclosed decision. Accordingly, you must obtain a zoning permit within 0 months of this decision. If you have any questions concerning this approval, please call the Planning and Zoning Office. Sincerely yours, 4 Janet M. Hurley Associate Planner /jmh Enclosure `.drb\misc\wulfscn W S-03-01.cor.doc Supplemental Attachment — March 4, 2003 Application for Development Review Board Todd and Maureen Wulfson 1404 Spear Street Proposed Single Family Home Response to Staff Recommendation report of 2-18-03: 1. Measurements: Maximum building coverage will not exceed 4,500 square feet (11.3 %) Maximum overall coverage will not exceed 11,000 square feet (27.5%) Maximum building height will not exceed 40 feet. Minimum floor area will exceed 864 square feet. 2. The portion of the property falling within Dorset Park View Protection Zone D (the southwest portion) shall be maintained such that it does not exceed an elevation of 441 feet. Todd Wulfson r` G CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING DEVELOPMENT REVIEW BOARD Report preparation date: February 18, 2003 drb\misc\wulfson\restricted.srp.doc Application received: January 24, 2003 Single Family Dwelling in Restricted Area Miscellaneous Application #MS-03-01 Meeting date: March 4, 2003 Applicants/Owners Property Information Todd & Maureen Wulfson Tax Parcel 1640 01404 L 29 Pinnacle Drive Volume 565, Page 349 South Burlington, VT 05403 SEQ & SV Districts ±0.92 Acres Location Map 0 E3 NOTE: Digital tax parcel data appears to be inaccurate for the east side of Spear Street in the vicinity of the subject parcel. The subject parcel is approximately 100 ft. southerly of its delineation as depicted in black above in the city's digital tax parcel data. Staff has delineated the approximate boundaries of the parcel in white. CITY OF SOUTH BURLINGTON 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\misc\wulfson\restricted srp doc Todd and Maureen Wulfson, hereafter referred to as the applicants, are requesting approval to construct a single family dwelling within the restricted area of the Southeast Quadrant (SEQ) District. The subject property contains approximately 0.92 acres and is located at 1404 Spear Street. In addition to falling within the SEQ District, the southwest corner of the property falls within the Dorset Park View Protection Zone D (DPVP-D) of the Scenic View Protection Overlay (SV) District. Associate Planner Janet Hurley and Administrative Officer Raymond Belair, referred to herein as Staff, have reviewed the plans submitted on January 24, 2003 and have the following comments. Zoning District & Dimensional Requirements The applicants should provide measurements for maximum building coverage, maximum overall coverage, maximum building height, and minimum floor area. The applicants have provided a sketch plan showing a proposed 140' x 75' building envelope toward the rear of the subject property. However, no building dimensions are provided. The applicants have indicated that the proposed house will be similar to their house at 29 Pinnacle Drive. This is a two-story home with attached two -car garage, the floor area of which is certainly larger than the minimum 864 sq. ft. necessary for a single family structure. Nonetheless, the minimum floor area, as described in Section 25.114 of the zoning regulations, should be indicated. In addition, the height of the structure should be indicated, and maximum proposed building coverage, as well as a measure of maximum overall coverage should be indicated. Table 1. Dimensional Requirements SEQ Zoning District Required Proposed q Min. Lot Size 12,000 ft. ±40,000 ft. q Min. Frontage 100 ft. +100 ft. ? Max. Building Coverage 20% unknown ? Max. Overall Coverage 40% unknown q Min. Front Setback 20 ft. 246 ft. Min. Side Setback 10 ft. 10 ft. Min. Rear Setback 30 ft. 35 ft. ? Max. Building Height 40 ft. unknown ? Min. Floor Area 864 ft. unknown �l zoning compliance ? information needs to be provided Southeast Quadrant District The Development Review Board (DRB) may approve the construction of a single family residence within designated restricted areas of the SEQ District pursuant to Section 6.501(h) of the Zoning Regulations. The lot must have been in existence on June 22, 1992. The applicants have provided copies of deeds, which demonstrate that the subject lot was in CITY OF SOUTH BURLINGTON 3 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\misc\wulfson\restricted srp doc existence prior to June 22, 1992. In addition, the lot must fall entirely within the restricted area or be located substantially within the restricted area such that construction in the development area cannot be accommodated. The subject property falls entirely within the restricted area. Pursuant to Section 6.606 of the Zoning Regulations, the DRB shall review proposed development activity within the restricted area according to the following criteria (the applicants' responses to these criteria are attached): (a) Designed open space shall be located so as to maximize the aesthetic enjoyment of users of the site, surrounding properties, and roads in the vicinity. The applicants have proposed to build toward the rear of the lot, in keeping with the development pattern on adjacent properties. The westerly half of the lot will remain as open space contiguous with open space on adjoining lots. Staff feels this is appropriate for maximizing aesthetic enjoyment in the vicinity of the subject property. (b) Proposed buildings and other structures shall be placed so as to maximize potential of land for open space and natural resources preservation, scenic view protection, and/or continued agricultural use. In effort to maximize these goals the following shall be considered. (i) existing natural resources on the site; (h) scenic view corridors from existing or planned public ways; (iii) existing agricultural use or ability of the land to be improved for agriculture; (iv) size and shape of contiguous open space; and (v) natural topography and existing vegetation. The subject property is currently vacant meadowland on less than an acre. As indicated above the proposed development is in keeping with the developed patterns on adjacent properties, and as indicated below, the proposed development complies with the scenic view protection regulations. Beyond scenic viewsheds, no significant or unique natural resources are known to occur on the subject property. (c) The placement of buildings and utilities shall conform to plans for public facilities including, but not limited to, parkland, recreation and pedestrian paths, streets, schools and sewer and water facilities. The subject property does not correspond with existing or planning public facilities as indicated on the City of South Burlington Official Map adopted October 19, 1992, last revised February 8, 2002. (d) In developing a plan that maximizes the goals identified above, the developer shall rely on specific site analyses, inventory maps contained in the Comprehensive Plan, and city planning studies. Staff has reviewed city planning maps and geographic data in its review of this application. Dorset Park View Protection Zone D 2. Landscaping and vegetation within the southwest corner of the property and falling within the Dorset Park View Protection Zone D of the Scenic View Protection Overlay District shall be maintained such that it does not exceed an elevation of 441 ft. CITY OF SOUTH BURLINGTON 4 DEVELOPMENT REVIEW BOARD DEPARTMENT OF PLANNING & ZONING \drb\misc\wulfson\restricted. srp.doc As indicated on the map on page 1 of this staff review, the southwest corner of the property falls within the Dorset Park View Protection Zone D (DPVP-D) of the Scenic View Protection Overlay (SV) District. Pursuant to Section 22.407, no part of any structure within the DPVP-D shall exceed an elevation of 441 ft. No structures are proposed within the DPVP-D. Pursuant to Section 22.406 of the Zoning Regulations, landscaping and vegetation within the DPVP-D shall be maintained such that it does not exceed an elevation of 441 ft. The applicants have not proposed any landscaping within the DPVP-D. Staff recommends that the Development Review Board approve this miscellaneous application #MS-03-01, subject to the following conditions: Prior to the issuance of a zoning permit, the applicants shall provide measurements for maximum building coverage, maximum overall coverage, maximum building height, and minimum floor area, which comply with the dimensional requirements of the SEQ District. 2. Landscaping and vegetation within the southwest corner of the property and falling within the Dorset Park View Protection Zone D of the Scenic View Protection Overlay District shall be maintained such that it does not exceed an elevation of 441 ft. Respectfully submitted, Janet M. Hurley, Assoc to Planner Copy to: Todd & Maureen Wulfson, Applicants Attachment Application for the Development Review Board Todd and Maureen Wulfson 1404 Spear Street Proposed Single Family Home Question 14: List Abutters 1402 Spear Street David and Linda Young 1406 Spear Street Douglas and Christine Franzoni 1340 Spear Street Karen, Kevin and Brent Farrell Consideration of Zoning Ordinance Section 6.501(h): Lot was subdivided before the date 6/22/92 as evidenced by the attached deeds. Proposed use is one single-family residence. (i) Lot is located entirely within the resricted area. Consideration of the standards set forth in Section 6.606: (a) The size of the lot (100 feet by 400 feet) limits the size of any designated open space. However, the house will be located on the back (easterly) half of the lot, preserving the appearance of open space that is created by several adjoining houses having large front yards on Spear Street. (b) (i) There are currently no streams, wetlands, floodplains, conservation zones, wildlife habitats, trees (other than scrub trees at very front of lot) or unique geological features. (ii) The placement of the house on the back of the lot preserves the existing view corridor from Spear Street. (iii) The shape and size of the lot with houses on each side severely limits any potential for agricultural uses. (iv) There is currently undeveloped property behind (east of) the lot, but there is limited green space potential due to size of this lot and consideration of maintaining the existing aesthetics and view from Spear Street. (v) There are no existing forest lands on the lot and the vegetation is limited primarily to grass. The topography lends itself to the proposed placement of the house on the slightly elevated back (Easterly) half of the lot. (c) The proposed placement of the house and driveway conforms with planned public facilities that are related to this lot. The lot, and its owners by assignment, are a party to the Spear Street Northeast Special Assessment District. The proposed house will be served by the recently constructed sewer extension. neo W fjlIl '5) w I' �l A fro fl+ P r look.tAg ea5+- P LJ\ O ��� IDQII�n =�OGJAfCY j�E'Cn� �T" U� j �fo m S*DL"+L'x of 401 " -6 pe,�, r -5'.1 _ 5 � 0 " 4 9 'he- to �DL)Se5 dj'reJ11, SOuf� 1s11 �e-( f J5 , Jtl.i'f JUITx 20A27-at�' 12eporded in Vol. 3S0 Of So.Budington Land RecO;ds Attest: ��� j I ARRANTY DEED Donna S. Kmville, eitY Clerk KNOW ALL PEOPLE BY THESE PRESENTS that I, MARIO A. MORSELLI of South Burlington in the County of Chittenden and State of Vermont, GRANTOR, in the consideration of One Dollar and Other Good and Valuable Consideration paid to my full satisfaction by TODD WULFSON and MAUREEN WULFSON, husband and wife, of South Burlington, in the County of Chittenden and State of Vermont, GRANTEES, by these presents, do freely GIVE, GRANT, SELL, CONVEY AND CONFIRM unto the said Grantees, TODD WULFSON and MAUREEN WULFSON, husband and wife and their heirs and assigns forever, a certain piece of land in the City of South Burlington, in the County of Chittenden and State of Vermont, described as follows, viz: Being all and the same land conveyed to Mario A. and Mariafranca Morselli, husband and wife by Warranty Deed of Maurice A. Brown and Jean B. Brown, husband and wife dated July 1,1975 and recorded in the South Burlington land Records on July 2,1975 at Volume 121, Pages 307- 309, and more particularly described therein as follows: "A vacant lot of land located on the easterly side of Spear Street having a frontage thereon of 100 feet and a uniform depth of 400 feet and being more particularly described as follows: Beginning in the easterly sideline of Spear Street, at the intersection thereof with the southerly sideline of property of Ernest J. Lanou and others; thence proceeding in an easterly direction in and along the existing southerly line of said Lanou property a distance of 400 feet to a point; thence turning and proceeding in a southerly direction in a line parallel to the.easterly sideline of said Spear Street for a distance of 100 feet to a point, thence turning and proceeding in a westerly direction along the north sideline of land of John Cunningham a distance of 400 feet to the easterly sideline of said Spear Street; thence turning and proceeding in a northerly direction in and along the easterly sideline of said Spear Street a distance of 100 feet to the -point or place of beginning." Mariafranca Morselli died in Williston, Vermont August, , 2002. Reference is made to said deed, the records thereof and references therein contained all in further aid of this description. LAW OFFICE OF WILLIAM E. DRISLANE, 74 MAIN STREET, BURLINGTON, VT 05401 (802) 860-7266 5�5035U TO HAVE AND TO HOLD said granted premises, with all the privileges and appurtenances thereof, to the said Grantees, TODD WULFSON and MAUREEN WULFSON, husband and wife, and their heirs and assigns, to their own use and behoof forever; And I the said Grantor, MARIO A. MORSELLI, for myself and my heirs, executors and administrators, do covenant with the said Grantees, TODD WULFSON and MAUREEN WULFSON, husband and wife, and their heirs and assigns, that until the ensealing of these presents I am the sole owner of the premises, and have good right and title to convey the same in manner aforesaid, that they are FREE FROM EVERY ENCUMBRANCE, except as aforesaid; and I hereby engage to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforesaid. IN WITNESS WHEREOF, I hereunto set my hand and seal this / day of 2002. In Presence of Witness MARIO A. MORSELLI State of Vermont ) ) SS Chittenden County ) At "V 11 tlhr, this day of 2002, MARIO A. MORSELLI perso Ily appeared, and he acknowledgdg d�trument, by him sealed and subscribed, to be his free act and deed. Vprmartt Property Tra*70 1r Tax 9 • f '}'t. yr',,•;e:i u :T d i:0-;i�i}�' '?{f: x !' :'•..: Hdi Ati 1. ,.:.:.n END OF Before me, Notary Public My commission expires: 2/10/03 2 u V1j LN i FORM 1901 WARRANTY DEED Oat. we, Maurice A.Brown,and Jean 13. Brown,, hUSband.and wife Of South Burlington in the County Of Chittenden and State of Vermont Grantors in the consideration of ---------------------- SIXTEEN, THOUSAND FIVE HUNDRED------------ Dollars paid to our IWI satisfaction',by Mario A. and Mariaftanca Morselli, husband and wife of South--Burlincton in the County of Chittenden and State of Vermont Grantees , by these presents, do .&,qy Oibe, &rant, &ell, Conbep anb Confirm unto the said Grantees Mario A. and Mariafranca Morselli, husband and wife as tenants by the entirety and their heirs and assifna forever, a certain piece of land in South Burlington in the County of Chittenden and State of Yernwnt, described as follows, viz: A vacant lot of land located on the easterly side of Speak Street having a frontage thereon of...100 feet and a uniform depth.of 400 feet and being more particularly described as follows: Beginning in the easterly sideline of Spear'Street, at t the intersection thereof -with the southerly sideline of property of Ernest J. Lanou and others; thence proceeding in an easterly direction in.and along.,the existing southerly line of said Lanou property a,'distance of-400 feet to a point; thence turning and proceeding in a southerly.direction in a line parallel to the easterly sideline of said spear Street for a distance of 100 feet to a point; thence turning and proceeding in a westerly direction along the -north sideline of land of John Cunningham a distance of 400 feet to the easterly sideline of said Spear Street; thence turning and proceeding in a northerly direction in and along the easterly sideline of said Spear Street a distance of 100 feet to the point or place of.beginning. Said premises are subject to covenants and restrictions of record. There is included herewith any and all water rights appurtenant to said land. jUo Being all and the -name -lama and premises conveyed to the withi Grantors by Warranty Deed )Edward L. Austin dated January 13 1975 and of record in VolL..._ 118 at Pages 429-431 of the Land Records of the City of South Burlington. Reference is made to the foregoing deed and the deeds and records therein referred to in further aid of this description. The purchasers have represented to the sellers that they are domiciled in Vermont and that the property being purchased is necessary for and will be used in connection with their principal residence and that they understand that as Vermont domicilaries all of their income is subject to the jurisdiction of Vermont income tax laws. The amount of Land Gains Tax of which the trans- feror has been relieved by virtue of the purchaser's certificate is $ which amount shall be a lien running with the land in favor of the State of Vermont until either the amount of such tax has been paid or until such purchaser has filed with the commissioner a statement under the penalties of perjury that the dwelling was constructed and occupied within the terms and conditions previously certified.' In the deed of Edward L. Austin above referred to, Jean Brown's middle initial was.iricorrectly stated as "H". To babe anb to bolb said granted premises, with all the privileges and ap- purtenances thereof, to the said Grantee s Mario A.'and Mariafranca Morselli, ;husband and wife as tenants by the entirety, and their heirs and assigns, to their own use and behoof forever; .4nd we the said Grantors Maurice A. Brown and Jean B. Brown for ourselves and our heirs, executors and administrators, do covenant with the said Grantees Mario A. and Mariafranca Morselli, husband and,riAfe as tenants by the entirety, and their heirs and assigns, that until the ensealing of these presents we are the sole owners of the premises, and have good right and title to convey the same in manner aforesaid, that they are free from eberg encumbrance; except as set forth above. P t V u r and we hereby enjafe to warrant anb 3Ddenb the same ajainat all lawful claims whatever, In Witneog; Wbereof, we hereunto set our . -hand sand 8"s this day of, d., D. 1975. 3nProoence of Maurice A. Brown aan B. Brown .4t Burlington 11tate of Vermont, this CHITTENDEN day of .4. A 19 75 MAURICE A. BROWN personally appeared, and he acknowled0ed this instrument, by him sealed and 8ub8cribed,; to be his free aot and deed. Before me Notary Public STATE OF VERMONT CHITTENDEN COUNTY, SS. At Burlington,' this �0,44 day of 1975, JEAN B. BROWN personally appeared, and she acknowledged this instrument by her sealed and subscribed, to be her"free act and deed.. Before me, Vermont Property Transfer TaX 32 V.S.A. Chap. 231 Notary Public ACKNOWLEDGMENT — Return Rec'd.:-TA� P?,,d Of 11edtfll Cell. R,c'd.- Vt. Land Use & 0cclu;p1e,�.k.rts Act C,d. Rec'd. Return No. Signed r2� k gate Receivea,for,--record rufy 19at 1!7771- nr Attest: --CITY C RK No Text Wulfson Lot 1-9.04 Sear St. 1 .. i3 _ 03 i"" — 40' �--for" 5peal, 25'1 looklf%9 eA5+% t' Pom LA, OT IJ ioAll� Larcl �/e C, f, JET, vi U.J t m s' 014 -t�e +tw 0 % j) 5 Of 10+ 0rl j f 42e4 5OUA 61,1,1 �toj yafJ5 DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 Permit Number MJ - o 3 - 0 3 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 ( ) Request for a variance ( Other PROVISION OF ZONING ORDINANCE IN QUESTION (IF ANY) _ C. got W WHAT ACTION OF THE ADMINISTRATIVE OFFICER ARE YOU APPEALING? ,u / A 1) OWNER OF (Name as shown on deed, mailing address, phone and fax #) Zci P,',.,4CIe //r VT osv, 3 /X -1 /f 2) LOCATION OF LAST RECORDED DEED (Book and page #) Vo I _ S7b f,S. 3gc1 3SO 3) APPLICANT (Name, mailiX-1 address, phone and fax # %ual� e �QI// «/7 A 2-A %)r 4) CONTACT PERSON (Name, mailing address, phone and fax #)_ 06(d G..1,�1-t'. . Z� Ynnotj_ d,, S. /Sur/I.K.C�. 011�2r-D3 5) PROJECT STREET ADDRESS: I PI f PehR S-7 6) TAX PARCEL ID # (can be obtained at Assessor's Office) - ► i u n ., 1 u n u , 10 5 0 � 7 000 7) PROJECT DESCRIPTION a) Existing Uses on Property, (including description and size of each separate use) �J ;1 e b) Proposed Uses on property (include description and size of each new use andexistinguses to remain) X l/c•,,C c) Total building square footage on property (proposed buildings and existing buildings to remain) + f 1 d) Height Of building & number of floors (proposed buildings and existing buildings to remain, specify if basement 1 and mezzanine) t 7 q fpx+ 5k! Alvs 4o kofS Ly -1L aL. c C til'^d� e) Number of residential units (if applicable, new units and existing units to remain) tJne f) Number of employees & company vehicles (existing and proposed, note office versus non -office employees) Ni,4 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) Building: Existing % Proposed < ) c % b) Overall (building, parking, outside storage, etc) Existing % Propose % c) Front yard (along each street) Existing _% Proposed % (does not apply to residential uses) 9 9) COST ESTIMATES a) Building (including interior renovations): $ Z c&& b) Landscaping: $ 9, ta) c) Other site improvements (please list with cost): (, C;L 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:. i�//4 12) PEAK DAYS OF OPERATION: / �, / 13) ESTIMATED PROJECT COMPLETION DATE: 14) LIST ABUTTERS ( List names and addresses of all abutting property owners on a separate sheet of paper). 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. Do not write below this line DATE OF SUBMISSION: 6— f/G - REVIEW AUTHORITY: 16� Development Review Board ❑ Director, Planning & Zoning I have reviewed this site plan application and find it to be: Complete ❑ Incomplete 4