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HomeMy WebLinkAboutMS-02-05 - Supplemental - 0006 0008 Tanglewood DriveCITY OF SOUTH BURLINGTON DEPARTMENT OF PL,A1 NE4G & ZON0TG 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 July 19, 2002 Ronald and Sheila Kingsbury 6-8 Tanglewood Drive South Burlington, Vermont 05403 Re: Miscellaneous application #MS-02-05 of Great Northern Construction Dear Mr. and Mrs. Kingsbury: Please find enclosed the Findings of Fact and Decision of the Development Review Board denial on July 2, 2002. If you have any questions, please give me a call. Sincerely, Stephanie A. Smith Associate Planner The City of South Burlington CERTIFIED MAIL DEVELOPMENT REVIEW BOARD MEMO July 2, 2002 MEETING (c) Encroaclunent of a structure into a required setback beyond the limitation set forth in (a) and (b) above may be approved by the DRB subject to the provisions of Section 26.05, but in no event shall a structure be less than three (3) feet from a side of rear property line....The Board shall determine that the proposed 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 applicant has provided letters from most abutting property owners that have no issues with the accessory structure (letters enclosed). Ms. Margo Wood Kingsley (at 248 Laurel Hill) has expressed dismay with the accessory structure and it's proximity to her property line. Her letter is also enclosed. 5) CONDITIONAL USE APPLICATION OF JOHN AND ARLENE DUFFY, 236 KIRBY ROAD This project consists of a request for permission to allow an accessory residential unit within a single family dwelling. The accessory residential unit already exists. This property located at 236 Kirby Road lies within. the R4 District. It is bound on the north by airport property, on the east and west by a single family residence, and on the south by Kirby Road. CONDITIONAL USE CRITERIA The proposed project complies with the stated purpose of the R4 District "to encourage residential use at moderate densities that are compatible with existing neighborhoods" and does not adversely affect: a) the capacity of existing or planned community facilities - no effect expected b) the character of the area affected - no adverse effect is expected c) traffic on roads or highways in the vicinity —the proposed use is not expected to affect traffic. d) bylaws in effect- the proposal is in conformance with the zoning regulations e) utilization of renewable energy resources- there is no utilization of renewable energy resources to be affected. f) general public health and welfare - no adverse effect expected. Accessory Residential Units: The applicant should be prepared to address Section 26.75 of the South Burlington Zoning Regulations. DEVE LOPMENT REVIEW BOARD MEMO July 2,2002 MEETING intentions for all future signs on the property, (with regard to sign material, construction, colors, fonts, and method of lighting). Consent: The owner of the property signed the design review application. RECOMMENDED CONDTIONS: 1) All previous approvals and stipulations which. are not superseded by this approval shall remain in effect. 2) All future sign applications shall conform with the Master Signage Plan below: a) All signs on the property shall be construct of exterior grade plywood or Gatorboard and assembled of individual pieces (letters and the approved flag logo), creating a three dimensional effect. b) The colors, red, white, blue, and black, shall be the saine as those shown in the photo (and in the required scaled drawing). c) The lighting of all signs shall consist of indirect illumination provided that the ,source of light shall concentrate the illumination on the sif ,ni to prevent glare. 3) The applicant shall obtain a sign permit pursuant to section Five of the Sign Ordinance prior to installation of the approved sign. 4) This approval of the proposed sign design is based solely on the application's compliance with the design review criteria contained in Section 8 of the South Burlington Sign Ordinance. The determination of whether or not this application compiles with all other requirements contained in the sign ordinance shall be made by the Code Officer. 4) CONDITI 3NAL USE APPLICATION OF RONALD AND SHEILA DRIVE KINGSBURY, SETBACK MODIFICATION, 6 AND 8 TANGLEWOOD This project consists a request for permission to allow a 12'x20' accessory structure to encroach ten (10) feet beyond the 15 foot rear yard setback limitation. Staff discovered that the structure was built without a permit and placed the owners in violation. This property located at 6 and 8 Tanglewood Drive lies within the R4 District. It is bounded on north and east by single-family residences, on the south by a duplex, and on the west by Tanglewood Drive. Setbacks: The applicant should be prepared to address Section 25.118 (c) (i)-(iv) of the South Burlington Zoning Regulations. 3 CITYOF SOUTH BURLINGTON \ \'� �52 6-8 248 \ 244 B LD VF � I Q 6 Tanglewood Drive x Letters of Support w E 100 0 100 200 300 June 20 2002 'lA0 T l 440LaUrcl ill l/1« So Burlington VT 05403 June 24,2002 City of South Burlington Planning To Whom it may concern: T m Writinb in reaart�y t�� the rt--.. — µ— --ia. Iri::bSF".: J' �- T�, glei.,.i.��1 Dr. So Burlington have built almost on my property line. I was very disappointed to see it built. It ciuwds die big uak wid line tree ill illy yard aiid is Very big Gild ugly to luuii at. I am not happy with it. Also I am not sure of where the property line is but one neighbor who has lived there since the development was started thinks he has his fence on my side of the line. My house is directly behind their house and I do feel it will aversively effect the selling value of my house. I also am not happy that I have not received any notice of the meeting as I was told I would. I will not be able to make the meeting if it is still July 2 as I have a family weridingr Out Of state. 'M-1— 1 11tA11liJ / Margo Wood' ingsley o.rcL-r,EIVEV- % City of so, surlirf No Text I June 9, 2002 Subject: Property at 6 Tanglewood Drive, So. Burlington, VT To Whom It May Concern, It has come to my attention that there is some concern regarding a structure being built on subject property. Ron Kingsbury has improved this property by demolishing and removing a large two - car garage and storage shed, which was in disrepair. At this time, he is now building a structure to replace the shed. This structure is well built and very good looking, placed further back on the property. This is a large back yard and this structure does not look "out of place" at all. I have no problem with what has been constructed so far, as he has been told to stop work on it. Sincerely, Jacquelyn V. Swan 5 Tanglewood Drive So. Burlington, VT 6-l0 oa— No Text MICHAEL AND STEPHANIE BARRETT 12 Tanglewood Drive South Burlington, VT 05403 Tel: 802-660-2771 May 20, 2002 City of South Burlington Department of Planning & Zoning 575 Dorset Street South Burlington, VT 05403 RE: Ron Kingsbury 6 Tanglewood Drive, South Burlington Shed Construction at Residence To Whom It May Concern; Please be advised that as next door neighbors to Mr. Kingsbury we are aware that he has put up a shed in his backyard. We do not have any problems or issues with this shed being on his property. Any questions or concerns, please feel free to contact us. Sincerely, 9 Michael and Stephanie Barrett 5-- a v - vj-- 'To WhOcy\ AE�, Q4- -AA�C, CA- �oa � 0. dress ile C¢.J 80 r� o h cLv e 0-0 May 19,2002 To whom it may concern: I live next door to Ron Kingsbury and have done so for over 10 years. Ron has built a great shed up in the back of his property,and I wish I had one like it to store my things in. It is not offensive to me and I don't mind going outside and seeing it. Sincerely Yours 91,V e�L May 19, 2002 To whom it may concern, We have been neighbors with Mr. & Mrs. Ronald Kingsbury for 12 years now. He has done upgrading his property over the last few years and it has always turned out great. Mr. Kingsbury is now in the process of putting up an out building in his back yard. This building is, in our opinion, of very good taste and very serviceable. When completed, it will be very useful for Mr. Kingsbury. We see this building everytime we enter our yard and we have no objections to it being there. Mr. Kingsbury does a very nice job with carpentry and landscaping. This building will be a nice addition to his property. Sincerely, , ('Y John R. & Wanda L. Ryan 2 Tanglewood Drive South Burlington, VT 05403 7/2/02 MOTION OF APPROVAL RONALD AND SHEILA KINGSBURY, 6 & 8 TANGLEWOOD DRIVE I move the South Burlington Development Review Board approve miscellaneous use application #MS-02-05 of Ronald and Sheila Kingsbury to allow a 12'x 20' accessory structure to encroach ten (10) feet beyond the 15 foot rear yard setback limitation as depicted on a site plan entitled, "Plat of Ronald and Sheila Kingsbury Property Showing Location of Shed," undated and prepared by James Harvell, with the following stipulations: 1) 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 the zoning regulations or this approval is null and void. 3) Any change to the site plan shall require approval by the South Burlington Development Review Board. U 110 ►0 AW, To: Applicants From: Stephanie ,Smith, City of South Burlington RE: Project Staff Notes Date: June 20, 2002 Re: Kingsbury, 6 Tanglewood Overview: Application of Icon Kingsbury. seeking approval under Section 26.05 Conditional Uses. The request is to locate a 12x20 fte story shed within 5 feet of a rear property line. Issues: 1) The applicant should be prepared to address Section 25.118 (c) (i)-(iv) of the South Burlington Zoning Regulations. (c) Encroachment of a structure into a required setback beyond the limitation set forth in (a) and (b) above may be approved by the DRB subject to the provisions of Section 26.05, but in no event shall a structure be less than three (3) feet from a side of rear property line .... The Baard shall determine that the proposed 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. Could the property owner get a letter from the closet property owner/occupant to the shed at 248 Laurel Hill. Completeness of Plan: The applicant has submitted sufficient information for Development Review Board to consider the application with the above exceptions noted. Please provide additional information by June 25, 2002. Recommendation: Staff recommends this application be authorized to proceed for conditional use consideration at the July 2, 2002 meeting. CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 20 June, 2002 Ronald Kingsbury 6 Tanglewood Drive South Burlington, VT 05403 Re: Preliminary comments Dear Mr. Kingsbury: Enclosed are preliminary comments for your conditional use application going before the Development Review Board on July 2, 2002. Please review and provide any additional information by June 25, 2002. Sincerely, Stephanie A. Smith Associate Planner PUBLIC HEARING SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD The South Burlington Development Review Board will hold a dpublic -hearing at the South Bur- lington City Hall, Confer- ence Room,. 575 Dorset Street, South Burlington, Vermont on Tuesday July 2, 2002, at 7i30 P.M: to consider the fol- lowing: 1. Application #CU-02-14 of John & Ar- lene Duffy . seeking con- ditional use approval unifier Section 26.05, Conditional; Uses of the South Burlington- Zoning Regulations. Request is for permission to allow an accessoryresidential unit.. within a single family dwelling, 236 Kirby Road.' 2. Application #MS'02-05 of Randall & Sheila Kingsbury seeking approval under Section 25.118, Exceptions to Yard Setback and 'Lot Coverage Requirements. Request is for permis-. sionto allow a 12'x20' accessory:, structure to encroach ten (10 )' feet beyond the '15 foot rear yard setback limitation, 6 & 8 Tanglewood Drive. 3 App'Iicatsio6 #CU, 02-13 of Great. Nor- thern Construction, Inc:. seeking approval under Section 26.05, Condi- tional Uses, of the South Burlington Zoning Regu- lations. Request is for permission to recons- truct a retaining wall, sa Bartldtt Bay Road. 4. Final plat appli- cation #SD 02-41 of Lime Kiln Bond Housing. Limited Partnership & Lime— Kiln Allocated Housing Limited Parin.er- ship to amend a previ- ously approved planned unit . development con- sisting of 85 residential units in four (4) buildings and 88 units of congre- gate housing in rwo (2) buildings. The amend- ment consists of minor site modifications, 378 and 380 Lime Kiln Road. Copies of the applica- tions are available for public inspection at the South Burlington City Hall. John Dinklage, Chairman South Burlington Development Review Board June 15, 2002 `i 7 Ait,y /ew 00 d 0 r-. Ste, iuvI. 7 k1T- Sop (3 u,r1• G�'7 G-. Yv- -C 4 u It .2,572, 14 Dr �// ISF-3-P�� Dr, DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 j (802) 846-4106 / FAX (802) 846-4101 Permit Number 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 (j)-01her PROVISION OF ZONING ORDINANCE IN QUESTION (IF ANY) WHAT ACTION OF THE ADMINISTRATIVE OFFICER ARE YOU APPEALING? 1) OWNER OF RECORD (Name as shown on deed, mailing address, phone and fax #) 1C6,f1A l g C ..��e_.1 l') 1 i✓�i ��i Gl r� ` �'/�. i/f°i C,L a D I".. , , 44.� i U7 . ia�1- 5r1*114�!- —,�'� l� 2) LOCATION OF LAST RECORDED DEED (Book and page #) 3) APPLICANT (Name, mailing address,/ phone and fax #)/ A 64,3W&L�+• i2i S� 4) CONTACT PERSON (Name, mailing address, phone and fax #) 5) PROJECT STREET ADDRESS: % 1 �zt'&0Q c op, 5n. Cr-cZ 6) TAX PARCEL ID # (can be obtained at Assessor's Office 7) PROJECT DESCRIPTION a) Existin Uses on Property (including description and size of each separate use) S� 4-c, 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 and existing buildings to remain) d) Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement and mezzanine) e) Number of residential units (if applicable, new units and existing units to remain) f) Number of employees & company vehicles (existing and proposed, note office versus non -office employees) g) Other (list any other iiiformation pertinent to this application not spec fically requested above, please note if Overlay Districts are applicable): AZ-Q';x(�S'T j NCO) C v 3Coo Q 64k � V 8) LOT COVERAGE a) Building: Existing % Proposed % b) Overall (building, parking, outside storage, etc) Existing % Proposed % c) Front yard (along each street) Existing _% Proposed % (does not apply to residential uses) 9 9) COST ESTIMATES a) Building (including interior renovations): $ b) Landscaping: $ c) Other site improvements (please list with cost): 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: 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. SIGNATURE APPLICANT &// SIGNA OF PR6PERTY OWNER Do not write below this line DATE OF SUBMISSION: -Vy l ( _ REVIEW AUTHORITY: Development Review Board ❑ Director, Planning & Zoning I have reviewed this site plan application and find it to be: ❑ Complete ❑ Incomplete d N TFINGL E ► OC)D DRIVE50 I 30 PLAT' OF RONALD +-SNEI LA KING58URY PROP&RTY SHOWING I OCATION Or` SHED WARRANTY DEED IL O Z O F— U d ~ = U F— LU Iz Lit � Q _< OLU F— cn Of (n f_ Q — _... z M- {-�F— Li. KNOW ALL BY THESE PRESENTS, THAT We, RONAL D D. LAFAVC AND VIVIANF F. T AFAVF , husband and wife, of New Haven, Vermont (hereinafter Grantor), in the consideration of ten and more dollars, paid to Grantor's full satisfaction by RONALn KINGsol1RV AND SHrII A KIN ,SBURY, husband and wife, of South Burlington, Vermont (hereinafter Grantee), by these presents do freely Give, Grant, Sell, Convey and Confirm unto the said Grantee ROAI D KIN Snugy AND SHEII A KINGSBURv , husband and wife as tenants by the entirety, and Grantee's heirs and assigns forever, certain lands and premises located in the City of South Burlington in the County of Chittenden and State of Vermont, and being more fully des- cribed as follows, viz: Being the lands and premises commonly known and designated as 6 and 8 Tanglewood Drive. And being the same lands and premises conveyed to Ronald D. and Viviane F. LaFave by Warranty Deed of Rodney P. and Susan M. Snyder dated September 30, 1987 and recorded in Book 253 at Page 162 in the Land Records of the City of South Burlington. And being all and the same lands and premises conveyed to Rodney P. and Susan M. Snyder by Warranty Deed of Martin -Webster Construction Co., Inc. dated October 4, 1968 and recorded in Book 88 at Page 326 in the said South Burlington Land Records, which lands and premises are further described therein as follows: "A lot of land with duplex dwelling house thereon on the east side of Tanglewood Drive, said building being designated as Nos. 6-8 on said Street and said land being Lot #15 on a plan entitled `Plan of Tanglewood Development' dated August 13,1958, recorded in Vol. 49, at Page 2, of the South Burlington Land Records. "The land hereby conveyed is part of the land and premises conveyed to the grantor herein by Warranty Deed of Howard W. Cranwell and Laura J. Cranwell, dated November 18, 1957, recorded in Vol. 44, at Page 235, of the South Burlington Land Records. "The property hereby conveyed is subject to a covenant to bear a proportionate part of the cost of installation of sidewalks whenever voted by the owners of two-thirds of the land on said street." The above -referenced Snyder to LaFave deed contains the following: "There is excepted herefrom: 111. Utility line rights of way, if any, along the front and/or rear lot lines. "2. Federal taxes and inchoate liens for tax liability in the Estate of Emily M. Hough, deceased, on or about 1955, Farmers Trust Co., Trustee under Will. 1. Rights of tenants, lessees or parties in possession. "4. The exact area of the premises and any state of facts, including changes in street lines, which an accurate survey or a personal inspection of the premises would show. "5. Underground encroachments and easements and rights of entry associated therewith, MORWOOD & MORWOOD, AmRtIEYS AT LAW, 333 Dorset Street, South Burlington, Vermont, 05403; (802) 862-2135 N f*/-% TANGLE WOOD DRkVE. 50 l 1=-- 30 PLAT of RONALD'-SNEI LA KINGS13URY PRC)P&RTY SHOWING L-OCAT/ON OF SHED N-REEE��� ,c n TANGLE WOOD DRIVE50 I / 30 PLA-TOF f2ONALD +-SNEI LA KING5QURY PfZOP&RTY SHOWING LOCATION Ur= SHED