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HomeMy WebLinkAboutMinutes - City Council - 05/26/1988CITY COUNCIL 26 MAY 1988 The South Burlington City Council held a special meeting on Thursday, 26 May 1988, at 8:00 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present Paul Farrar, Chairman; Michael Flaherty, Molly Lambert, Francis X. Murray, John Dinklage Also Present William Szymanski, City Manager; Stephen Stitzel, City Attorney; Ruth Poger, The Other Paper; Mike Donoghue, Free Press; Leslie Linton, Cynthia Hoehl, Robert Hoehl, Nancy Walsh, Len Tashman, Bob Cooper, Zoltan Sachs, Martha Campione, Richard German, Kathleen Doyle, H. J. Sopher, Richard Chase, Carol Chase, Gregory Brand, Karen Jacos, Dorothy Wootton, Al Reyes, Anne Ratkus Executive Session Mr. Flaherty moved the Council meet in Executive Session to discuss the findings of fact in the Hoehl application. Mr. Dinklage seconded. Motion passed unanimously. Regular Session 1. Act on the Interim Zoning Application of Cynthia & Robert Hoehl, recessed from 23 May 1988 Mr. Farrar explained that in going over the application, the Council found that the height of the structure as proposed was not in conformance with the zoning code. Mr. Hoehl responded that his architect said it was his understanding that this was how houses in South Burlington were usually measured, but he was willing to measure it the way the City requests. Mr. Farrar said the applicant's option was now either to let the application stand as it is, in which case the Council would have to deny it because of the height violation, or to request the Council re-open the public hearing. Mr. Murray added that if the application were denied, Mr. Hoehl would have to start again from scratch. Ms. Linton asked what the time line would be for Mr. Hoehl to submit new plans that comply with the 35 foot height limit. Mr. Farrar suggested a week or 2. Mr. Dinklage said the Council would like to study the plans and make them available to the public. Ms. Linton said they are still not sure the way the Council is interpreting the 35 foot limit is the way it should be measured. Mr. Flaherty explained the Zoning Administrator measures height from grade to the highest point on the structure. Measuring this way, the Hoehl house would be 38 feet high. Mr. Tashman asked what position the public is in now. Mr. Farrar said the public could be present at a re-opened public hearing and could present its own evidence in the matter. Mrs. Lambert then enumerated the criteria by which the City Council has to make its decision. These include 4 points: the capacity of the community facilities, existing patterns of development in the area, environmental limitations of the site and significant natural resources in the area, and computability with municipal plans or other municipal by-laws in effect. The applicant then requested a brief recess to consult with legal counsel. Following the recess, the applicant's attorney requested the City Council re-open the public hearing. Ms. Linton indicated they would present alternative plans but still believe the present plan is in compliance. They also requested this be on the agenda of the next Council meeting which is 6 June. Mr. Flaherty then moved that the Council grant the request of the applicant to re-open the public hearing on 6 June 1988, with the understanding that the City Council will be receiving by 1 June 1988 replacements for pages 1 and 7 of the proposed plan. Mrs. Lambert seconded. Mr. Farrar said plans should detail the visual impact of what is being proposed. Mr. Tashman said he felt the Council was being very solicitous of the applicant without telling the public what its rights are now. He was not sure the public would have enough time to study the resubmitted plans. He felt that if the public had until 6 June to present its evidence, that would be all right. Council members agreed this was acceptable. Mr. Greg Brown asked whether there had been any communication between the Zoning Administrator or City Council and the applicant since the public hearing closed. Mr. Farrar said the zoning administrator had written to the applicant regarding the height issue. In the vote which followed, the motion passed unanimously. 2. Appoint City Representative and alternate to the Shelburne Road By-Pass Committee Mr. Farrar advised that the Village of Shelburne would like a South Burlington representative on this study committee. There have been 2 volunteers, Bill Craig, who is presently chairing the Shelburne Rd. Study Committee, and Frank Mazur. Mr. Flaherty moved that Bill Craig be appointed as South Burlington's representative to the Shelburne By-Pass Committee with Frank Mazur to serve as alternate. Mrs. Lambert seconded. Motion passed unanimously. As there was no further business to come before the Council, the meeting adjourned at 9:30 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.