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Home My WebLink AboutAgenda 05_MS-22-03_410 Golf Course Road_Cresta 180 Market Street, South Burlington, Vermont 05403 | 802-846-4106 | www.southburlingtonvt.gov TO: South Burlington Development Review Board FROM: Marla Keene, Development Review Planner SUBJECT: #SD-22-06 0 Market Street DATE: June 7, 2022 Development Review Board meeting PROJECT DESCRIPTION Miscellaneous application #MS-22-03 of Fernando Cresta to alter the existing grade for consistency with adjoining properties. The improvements consist of regrading the backyard with eight (8) to twelve (12) inches of topsoil, 410 Golf Course Road. CONTEXT The Board issued decision #AO-22-01 on the appeal of the Zoning Administrative Officer to issue a zoning permit for site improvements on the subject property. That decision affirms in part and reverses in part the decision of the Administrative Officer to approve zoning permit application #ZP-22-071. The zoning permit was properly approved as to “replacement of existing retaining walls (6’ tall at maximum height), replacement of existing stone patio with new stone patio, replacement of existing stone stairs with new stone stairs (887 sf including patio, walls & stairs), replacement of asphalt driveway with cobblestone and extension (45 sf), replace existing stone walkways with new stone (115 sf), replace planting bed stone border with new stone border (53 sf).” The Board granted the appeal and revoked the zoning permit for “final grading of 8” – 12” new topsoil to match neighboring lawn elevations” for the reason that this component of the work is subject to Development Review Board review. At the hearing on #AO-22-01, the applicant testified that they had already placed some fill not in conjunction with construction of a structure, though less than the requested 8 – 12 inches. This application is for Development Review Board approval of the revoked portion of #ZP-22-071, including the fill already placed. This is therefore an after-the-fact application. If the Board approves this application, the applicant may retain the already placed fill and add additional fill to achieve the requested 8” – 12” new topsoil to match neighboring lawn elevations as shown on the submitted plan. Staff recommends the Board review the draft decision, discuss the project with the applicant, and close the hearing. #MS-22-03 1 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING FERNANDO CRESTA – 410 GOLF COURSE ROAD MISCELLANEOUS APPLICATION #MS-22-03 FINDINGS OF FACT AND DECISION Miscellaneous application #MS-22-03 of Fernando Cresta to alter the existing grade for consistency with adjoining properties. The improvements consist of regrading the backyard with eight (8) to twelve (12) inches of topsoil, 410 Golf Course Road. The Development Review Board held a public hearing on July 19, 2022. The applicant was represented by __. Based on the plans and materials contained in the document file for this application, the Development Review Board finds, concludes, and decides the following: FINDINGS OF FACT 1. The applicant, Fernando Cresta, seeks to alter the existing grade for consistency with adjoining properties. The improvements consist of regrading the backyard with eight (8) to twelve (12) inches of topsoil, 410 Golf Course Road. 2. The subject parcel ID is 0695-00410. 3. The application was received on June 30, 2022. 4. The parcel is located in the Southeast Quadrant Neighborhood Residential Zoning District. 5. The plan submitted is titled, “Cresta Residence Proposed East Lawn Grading”, prepared by Knauf Landscape Architecture”, with a last revised date of 5/27/21. The plan also shows work approved under ZP-21-071, which decision was partially upheld and partially reversed by the Board in decision #AO-22-01. The portion of the work shown on this plan which was approved under ZP-21-017 and upheld by the Board is not subject to this miscellaneous permit and is considered to represent the approved site for the purposes of this decision. The portion of the plan which is the subject of this decision consists of the regrading of the backyard. 14.11(F) Alteration of Existing Grade Standards and Conditions for Approval. (a) The Development Review Board shall review a request under this Section for compliance with the standards contained in this Section 14.11(F) and Section 3.07, Height of Structures of these regulations. An application under this section shall include the submittal of a site plan, planned unit development or subdivision plat application showing the area to be filled or removed, and the existing grade and proposed grade created by removal or addition of material. #MS-22-03 2 Single family homes are exempt from site plan review, therefore this application is being reviewed as a miscellaneous application. (b) The Development Review Board, in granting approval may impose any conditions it deems necessary, including, but not limited to, the following: (i) Duration or phasing of the permit for any length of time. The Board finds the work must be completed within 1 year of issuance of a zoning permit. (ii) Submission of an acceptable plan for the rehabilitation of the site at the conclusion of the operations, including grading, seeding and planting, fencing, drainage, and other appropriate measures. The Board finds the plan entitled “Cresta Residence Proposed East Lawn Grading” to represent the rehabilitation of the site at the conclusion of operations. Graded areas shall be sodded or seeded so as to stabilize the area and be generally consistent with a lawn area, though the applicant is under no obligation to plant or retain the surface with grass should they later desire a different surface treatment, so long as maximum site coverages are met and erosion is prevented. ii) Provision of a suitable bond or other security in accordance with Section 15.A.20 adequate to assure compliance with the provisions of these Regulations. The Board finds no bond to be necessary. (iv) Determination of what shall constitute pre-construction grade under Section 3.07, Height of Structures. The Board finds the approved grading shall be considered pre-construction grade should the applicant later desire to seek approval for a structure in this area. DECISION Motion by __, seconded by __, to approve miscellaneous application #MS-22-03 of Fernando Cresta, subject to the following conditions: 1. All previous approvals and stipulations which are not changed by this decision, will remain in full effect. 2. This project must be completed as shown on the plans submitted by the applicant, and on file in the South Burlington Department of Planning and Zoning. 3. Any change to the plan will require approval by the South Burlington Development Review Board or Administrative Officer. 4. The applicant must obtain a zoning permit within six (6) months from the date of this decision or this approval expires and is null and void. The applicant may submit a request for an extension to obtain a zoning permit under the terms outlined in Section 17.04 of the LDR’s, but the request must be submitted prior to the expiration of this approval. 5. The work must be completed within 1 year of issuance of a zoning permit. #MS-22-03 3 Dan Albrecht Yea Nay Abstain Not Present Mark Behr Yea Nay Abstain Not Present Frank Kochman Yea Nay Abstain Not Present Quin Mann Yea Nay Abstain Not Present Dawn Philibert Yea Nay Abstain Not Present John Stern Yea Nay Abstain Not Present Stephanie Wyman Yea Nay Abstain Not Present Motion carried by a vote of _-_-_. Signed this ____ day of July, 2022, by _____________________________________ Dawn Philibert, Chair Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this decision, a notice of appeal and the required fee by certified mail to the Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be mailed to the City of South Burlington Planning and Zoning Department at 575 Dorset Street, South Burlington, VT 05403. See V.R.E.C.P. 5(b) (4)(A). Please contact the Environmental Division at 802-828-1660 or http://vermontjudiciary.org/GTC/environmental/default.aspx for more information on filing requirements, deadlines, fees and mailing address. The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call 802.477.2241 to speak with the regional Permit Specialist.