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HomeMy WebLinkAboutIZ-89-0000 - Supplemental - 1485 Spear StreetCity of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 May 18, 1989 Victor & Anne Ratkus 64 Laurel Hill Drive South Burlington, Vermont 05403 Dear Mr. & Mrs. Ratkus: ZONING ADMINISTRATOR 658-7958 Enclosed please find the findings of fact and decision of your application to construct a single-family dwelling at 1485 Spear Street. Also enclosed is a revised utility easement, this requires signatures from the Hoehl's, Cooper, Meredith and yourselves. Before this office issues a permit you will be required to solve the height issue. The apartment should be removed from the plan. Please have Mike Dugan file a revised plan with this office. If you have any questions please don't hesitate to call me. Very truly, Richard"Ward, Zoning Administrative Officer Encls RW/mcp PUBLIC HEARING SOUTH BURLINGTON CITY COUNCIL The South Burlington City Council will hold a public hearing at the South Burlington City Hall, Conference Room, 575 Dorset Street, South Burlington, Vermont on Monday, April 17, 1989, at 7:30 P.M. to consider the following: Application of Victor & Anne Ratkus of 64 Laurel Hill Drive, South Burlington, Vermont for authorization to construct a single-family dwelling which exceeds the height requirement as set -forth under the Interim Zoning Regulations for the protection of the Spear Street Scenic Overlook District, adopted March 7, 1988, on a parcel located at 1485 Spear Street. Copies of the plan are available for public inspection at the South Burlington City Hall. Richard Ward, Zoning Administrative Officer M E M O R A N D U M To: City Manager, Chuck Haft.er From: Richard Ward, Zoning Administrative Officer Re: Ratkus, Cooper sewer line Date: May 8, 1989 Quit claim deed recorded August 13, 1985, easement description of land refers to a plan entitled "Sewer Extension, Site Plan" pre- pared by Fitzpatrick, Inc., dated November 1985. The Issue: From the deed page 464, volume 122. This easement is granted pursuant to the condition that it be used solely for a private sewer extension and is not intended in any manner to grant a fee interest in the previously described corridor to the within Grantee. The within Grantee agrees that by acceptance of the easement that when any construction takes place within said easement the within Grantee shall restore the surface of' the ground to the condition in which it was found. The within Gran- tee by acceptance of this easement hereby agrees to hold the within Grantor's harmless from any and all liability arising out of the construction, maintenance and use of said sewer easement. The within Grantee by acceptance of this easement hereby grants to the within Grantor's the right to hook on to said easement for each of the lots owned by the within Grantor's. The Grantor's were Raymond J. and Carolyn M. Murphy, Maurice A. and Jean B. Brown, L. Douglas and Laura J. Meredith and Victor L. and Anne O. Ratkus. Another Issue: The sewer line extension terminates short of the Ratkus northerly line. Mr. Szymanski requested that the easement be extended to the northerly property line which would allow the sewer line to be extended in a northerly direction. This would permit property owners to the north of Ratkus on the westerly side of Spear Street to extend the line at their own expense. The nearest northerly neighbor Mark Bolton has already requested to connect and was denied by Ratkus. PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 April 3, 1989 Mr. Victor Ratkus 64 Laurel Hill Drive South Burlington, Vermont 05403 ZONING ADMINISTRATOR 658-7958 Re: Application for permit under Intermin Zoning Regulations Dear Mr. Ratkus: Be advised that the South Burlington City Council will hold a public hearing at the City Offices, Conference Room, 575 Dorset Street on Monday, April 19, 1989 at 7:30 P.M. to consider your request to construct a single-family dwelling on a parcel located at 1485 Spear Street. The criteria for reviewing your application is setforth under Section 4410 of the Vermont Planning & Development (a copy of that section is enclosed). If you have any questions please don't hesitate to call me. Very truly, Richard Ward, Zoning Administrative Officer RW/mcp 6C- The Burlington (Vt.) F. LEGAL NOTICES 11 PUBLIC HEARING SOUTH BURLINGTON CITY COUNCIL The South Burlington City Council will hold a public hearing at the South Burling- ton City Hall, Conference Room, 575 Dorset Street, South Burlington, Vermont on Monday, April 17, 1989, at 7:30 p.m. to consider the following: Application of Victor & Anne Rotkus of 64 Laurel Hill Drive, South Burlington, Ver- mont for authorization to construct a single-family dwelling which exceeds the height requirement as set - forth under the Interim Zon- ing Regulations for the Pro- tection of the Spear Street Scenic Overlook District, adopted March 7, 1988, on 1 a parcel located at 1485 Spear Street. Copies of the plan are avail- able for public inspection at the South Burlington City Hall. Richard Ward Zoning Administrative Officer April 1, 1989 City of South Burlington Application to Board of Adjustment Date Applicant ��%��! t �• �• A Owner, leasee, agent JTMX Official Use APPLICATION # HEARING DATE FILING DATE FEE AMOUNT Address M C L)Wt4 `J- . IQtelephone # PY02_51 Landowner VtOtM 4 At 46F AAX_V'5 Address 44 1hU12E644111lrVITWO Location and description of property SfbAQ. -5 . LOT# t VJ6S'C f lr.�C KLcw k) As 12n1lL*yo pR6�t4 Su bt nk) tsl oo Type of application check one ( ) appeal from decision of Administrative Officer( x )request for a conditional use ( ) request for a variance. I understand the presentation procedures required by State Law (Section 4468 of the Planning & Development Act). Also that hearings are held twice a month (second and fourth Mondays). That a legal advertisement must appeal a minimum of fifteen (15) days prior to the hearing. I agree to pay a hearing fee which is to off -set the cost of the hearing. Provisions of zoning ordinance in question U,01W_ kUlle-ELU 115ON� Reason for appeal ' The owner or applicant should submit along with this application (8 copies) plans, elevations, landscaping diagrams (drawn to scale) traffic data and any other additional information which will serve as support evidence to the Board. f on t, Hearing Date Signature Appellant Do not write below thi-9 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 Burlingotn Municipal Offices, Conference Room, 575 Dorset Street, South Burlington, Vermont on Day of Week at to consider the following: Month and Date Time Appeal of seeking a From Section of the South Burlington Regulations. Request is for permission to City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 March 7, 1989 Mr. Victor Ratkus 64 Laurel Hill Drive South Burlington, Vermont 05403 Dear Mr. Ratkus: ZONING ADMINISTRATOR 658-7958 Your request for a zoning permit for property located at 1485 Spear Street is rejected. The area in question is under Interim Zoning regulations. These regulations require a hearing before the City Council prior to the issuance of any permit. Your public hearing is tentatively scheduled for April 17, 1989 at 7:30 P.M. This office will keep you informed of any changes. Very truly, Richard Ward, Zoning Administrative Officer RW/mcp CITY OF SOUTH BURLINGTON PERMIT NO ........... APPLICATION FOR ZONING PERMIT 1st. Copy CODE OFFICER 2nd. Copy CITY ENGINEER Zone............ 3rd. Copy CITY ASSESSOR- 4th Copy APPLICANT " Date f'.zl��'.. 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 effect. CONSTRUCTION STREET S 4aT. NUMBER bnl* OCCUPANCY FLOORS LOT SIZE: Frontage -�71 /- g ' 1 1 Depth �J�l Lot No. Single Family B 1 2 3 Two Family Cement OWNER ��C( �6.1�1�.1E 1ZAn/-u<, BUILDER Apartment No. Fam. Earth WATER SUPPLY: Public Private ❑ Store Pine Offices Hardwood SEWAGE DISPOSAL: Public �, Septic Tank ❑ Permit d# Warehouse Tile Carpet A Res. Garage Attic Fl. & Strs. No. Cars Det.fa Att. Height Gas Station INTERIOR FINISH * Additions -Alterations B 1 2 1 3 FOUNDATION Pine Concrete Hardwood Concrete Block Sheetrock Brick or Stone Unfinished Piers Paneling Cellar Area Full '/. % Recreat. Room No Cellar Finished Attic EXTERIOR WALLS Clapboards HEATING Wide Siding Pipeless Furnace Drop Siding Hot Air Furnace No Sheathing Forced Air Furn. Wood Shingles Steam Asbes. Shingles Hot Wat. or Vapor Stucco on Frame No Heating Stucco on Tile Electric Brick Veneer Gas Burner Brick on Tile Oil Burner Solid Brick Solar Panels Stone Veneer PLUMBING Conc. or Cind. BI. Bathroom Toilet Room Terra Cotta Water Closet Vitrolite Kitchen Sink Plate Glass Std. Wat. Heat Insulation Auto. Wat. Heat Weatherstrip Elect. Wat. Syst. Laundry Tubs ROOFING Asph. Shingles No Plumbing Wood Shingles AlTILING Asbes. Shingles Bath FI. & Wcot. Slate Toilet Fl. & Wcot. Tile LIGHTING Metal Electric Composition I No Lighting Roll Roofing NO. OF ROOMS Bsmt. 5 2nd. 1st. �{ 3rd. ROAD OPENING: (Show layout) G9!,5 ITi: ftAA Permit # ELEC. WIRING: Underground K Overhead ❑ Permit # Plot to scale Lot and Building Improvements, showing width of Front, Side and Rear yards. Mark N at Compass point Indicating North. PROPERTY LINE Remarks ❑ Demolition ❑ Utilities closed ❑ Estimated Cost /16r 000 FE CO N $ Plans received Yes ❑ No ❑ 11) 'Wl5 - (a4 WW- kLl. Pt2, . I3U121,{ttz, I ATURE 0 f ER ADDRESS of OWNER APPLICATION: REJECTED ©" APPROVED SIGNATURE OF CODE OFFICER ISSUED TO Date �_3 &19 1 PERMIT VALID FOR SIX MONTHS PERMIT SUBJECT TO APPEAL WITHIN 15 DAYS FROM DATE ISSUED �ENDODONTICS `Victor (L.`IZatkus, `D.D.S,`P. C. Diplomate American Board of Endodontics Vj JAm2,�ipq NIAr<AG;7~ 3 C''FICE ,,Z7 C. .,;-, `U2..INnTr * January 24, 1989 William Szymanski City of South Burlington 575 Dorset Street So. Burlington, VT. 05403 Dear Mr. Szymanski: Would you please send me a copy of the city attorney's respon- sibilities. Specifically, can a citizen expect him to return a call about a public matter. Last week I called him several times while he was in the office but he did not attempt to return my calls. I want to know where I stand with this issue. Sincerely, 411, Victor L. Ratkus, D.D.S, P.C. 227 Colchester Avenue 9 Burlington, Vermont 05401 . (802) 864-0461 To: City Council City of South Burlington, Vt. May 1, 1989 My name is Anne Ratkus. My husband, Victor and I, own Lots 1 and 2 on Spear Street in the Scenic Overlook District. We have applied for a Building Permit on Lot 1. In making a determination the legislative body shall consider the proposed use with regard to four (4) criteria under 24VSA-4410. I would like to briefly testify tonight regarding these four criteria: Criteria 1 is the capacity of exising or planned community facilities,services or lands: 1. We have resided in So. Burlington for 14 years and are presently using city services. We have two children. We do not feel we will overburden the community water system,sewer system,fire or police department. 2. When our lots were approved 10 years ago, they were made sufficiently wide and long to not overburden the land in this area. They were designed to be able to handle a mound septic system if necessary and to provide a spacious 11 acre piece of land that would not be congested. 3. The City of South Burlington has already planned on us being in this location when they gave us permission to install a sewer system. 4. Our house will be used as a residence and we believe the municipality facilities and services can meet our needs at this time. 5. We believe we meet the stipulations of Criteria 1. Criteria 2 is the existing patterns and uses of development in this area: 1. With no doubt we all can agree our land is in a residential area. 2. There is no commercial area surrounding our property. 3. Below our property is an array of Condominiums called Stonehedge. 4. To the north of our property are numerous beautiful homes that sit on large lots. Most of these homes have been there for 20-30 years. One of these homes has been built 10 years ago and another two years ago. Many of these homes have added family rooms, decks and modernized within this decade. 5. To the south of our property,five lots away, is the infamous J to all of us Robert and Cynthia 2. Hoehl home which has recently been given a building permit by the City of South Burlington. 6.To the west of our land is �-_ :•gland and 5 more lovely homes. 7.The southwest view from our land has with it another array of Condominiums called Overlook and 2 more new homE 8.I would like to present as evidence a picture that was recently taken of a neighborhood within 2500 feet of our property -a subdivision of homes that have been and still are being built on much smaller lots -yet still with lovely scenic views. 9. Our proposed home will blend in with the area as demonstrated. 10. We believe we meet the criteria of Criteria 2. Criteria 3 is the environmental limitations of the site or area and significant natural resource areas and sites: 1. There are no environmental limitations on this site: no brook... it is not a state historic site ... it is not a wetland.... nor a winter habitat for deer... there are no natural resources on the land, that is... no gold,silver or maple trees. 2. No environmental limitations are on this land whatsover. 3. In fact, as you know, over a 1000 trees have been purchased from the State of Vermont and planted on this property to protect the environment. Criteria 4 is the consideration of municipal plans and other municipal by laws, ordinances or regulations in effect: 1. As far as we know, the development of a single family residential home plan on a city approved building lot, with sewer and city water, is not in conflict with any municipal plan,by law, ordinance or regulations in effect. 2. This area is a residential area. Our property and proposed home is to be used solely as a residence. 3. Our lots were subdivided 10 years ago after much consideration and deliberation concerning municipal by laws,ordinances, plans and regulations. We feel we fully comply with 24VSA-4410 and that our proposal meets all of the four (4) Criteria. We are hopeful that you will vote to give us a Building Permit this evening. Thank you. Anne Ratkus EXHIBIT A UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS, that Cynthia Hoehl and Robert Hoehl, Robert Cooper and Marilyn Cooper, L. Douglas Meredith, and Victor L. Ratkus and Anne O. Ratkus of South Burlington in the County of Chittenden, State of Vermont (Grantor), for good and valuable consideration, the receipt of which is hereby acknowledged, by these presents do GIVE, GRANT, SELL, CONVEY and CONFIRM unto THE CITY OF SOUTH BURLINGTON, a Vermont municipality situated in the County of Chittenden, State of Vermont (Grantee) and its successors and assigns, an easement or easements in perpetuity, twenty (201) feet in uniform width, for the purpose of installing, repairing, maintaining, restoring and/or replacing sewer lines, together with all appurtenances thereto, on, under and through the following property: Being a strip of land, twenty (2011) feet in uniform width as depicted on a plan entitled "Sewer Extension, Site Plan", dated November 1985, prepared by Fitzpatrick - Llewellyn, Inc. and recorded in Map Volume at Page • This easement is identified thereon as twenty (201) foot utility easement. The right-of-way easement herein conveyed consists of two principle segments, one of which proceeds in a general southerly direction commencing at the northerly boundary of Lot #1 as shown on said plan and extending approximately 1,000 feet to the southerly boundary of Lot #6 shown and depicted on said plan. The second segment commences on the westerly sideline of Spear Street, so-called, and extends along the southerly boundary of Lot #4 as shown on said plan to the point of intersection with the above described segment, which intersection is in the vicinity of Manhole P3 as shown on said plan. 1 Grantors, and their heirs, successors and assigns, shall have the right to make use of the surface of the land subject to this right-of-way easement such as shall not be inconsistent with the use of the easement by the within Grantee, but specifically shall place no structures, landscaping or other improvements within said right-of-way easement which shall prevent or interfere with the Grantee's ability to exercise its rights granted hereunder. The Grantee for itself and its successors and assigns agrees that any premises affected by its entry pursuant to this right- of-way easement shall be restored to its condition prior to such entry at its own cost and within a reasonable time. This right-of-way easement shall act as a bill of sale and does hereby convey any sanitary sewer pipelines, manholes and any appurtenances located on, under and through the easement herein conveyed. By this conveyance, the Grantors herein release unto Grantee any rights which they may have acquired by way of a certain quit claim deed to the City of South Burlington dated August 13, 1985 and recorded in Volume 211, at Page 463 of the City of South Burlington Land Records. Reference is hereby made to the above -mentioned plans and deeds records thereof, all in further aid of this description. 2 Dated at South Burlington, Vermont this day of , 1989. IN THE PRESENCE OF: Witness Witness STATE OF VERMONT CHITTENDEN COUNTY, SS. Cynthia Hoehl Robert Hoehl At South Burlington, in said County, this day of , 1989, Cynthia Hoehl and Robert Hoehl personally appeared, and they acknowledge this instrument, by them sealed and subscribed, to be their free act and deed. Before me, Notary Public Dated at South Burlington, Vermont this day of , 1989. IN THE PRESENCE OF: Witness Witness Robert Cooper Marilyn Cooper 3 STATE OF VERMONT CHITTENDEN COUNTY, SS. At South Burlington, in said County, this day of , 1989, Robert Cooper and Marilyn Cooper personally appeared, and they acknowledge this instrument, by them sealed and subscribed, to be their free act and deed. Before me, Notary Public Dated at South Burlington, Vermont this day of , 1989. IN THE PRESENCE OF: Witness L. Douglas Meredith Witness STATE OF VERMONT CHITTENDEN COUNTY, SS. At South Burlington, in said County, this day of 1989, L. Douglas Meredith personally appeared, and he acknowledge this instrument, by him sealed and subscribed, to be his free act and deed. Before me, Notary Public 4 Dated at South Burlington, Vermont this day of , 1989. IN THE PRESENCE OF: Witness Witness STATE OF VERMONT CHITTENDEN COUNTY, SS. Victor L. Ratkus Anne O. Ratkus At South Burlington, in said County, this day of 11 1989, Victor L. Ratkus and Anne A. Ratkus personally appeared, and they acknowledge this instrument, by them sealed and subscribed, to be their free act and deed. SFS#9/359 Before me, Notary Public 5 No Text I �9 �Ph �f'G �