HomeMy WebLinkAboutSD-08-20 - Decision - 0044 Country Club Drive#SD-08-20
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
TERRY & BETHANY LIEBERMAN - 44 COUNTRY CLUB DRIVE
PRELIMINARY PLAT APPLICATION #SD-08-20
FINDINGS OF FACT AND DECISION
Terry & Bethany Lieberman, hereafter referred to as the applicants, seek preliminary plat
review for a planned unit development consisting of one (1) lot developed with a single
family dwelling. The purpose of the PUD is to obtain approvals for waivers to allow the
building to encroach three (3) feet into the side setback and 6.75 feet into the front
setback, 44 Country Club Drive.
The Development Review Board held a public hearing on Tuesday, April 15, 2008. Jon
Anderson, Esq., represented the applicant.
Based on testimony provided at the above mentioned public hearing and the plans and
supporting materials contained in the document file for this application, the Development
Review Board finds, concludes, and decides the following:
FINDINGS OF FACT
1. The applicants seek preliminary plat review for a planned unit development consisting
of one (1) lot developed with a single family dwelling. The purpose of the PUD is to
obtain approvals for waivers to allow the building to encroach three (3) feet into the side
setback and 6.75 feet into the front setback, 44 Country Club Drive.
2. A zoning permit was issued on October 13, 2004, to construct a single family dwelling
on this lot. The plan submitted with the application indicated that all setback
requirements would be met. Applicants recently discovered that the house was not
constructed in compliance with the side and front setback requirements. This application
is an attempt to correct that violation.
3. The sketch plan was heard on February 5, 2008. The Board advised the applicant that it
would likely not support approval of the proposed PUD.
4. The owners of record of the subject property are Terry & Bethany Lieberman.
5. The subject property is located in the Residential 4 (R4) Zoning District.
6. The plan submitted is entitled, "Topographic Survey for Terry & Bethany Lieberman
44 Country Club Drive So. Burlington, Vermont", prepared by Vermont Land Surveyors,
Inc., dated March 24, 2008.
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Zoning District & Dimensional Requirements:
Table 1. Dimensional Requirements
R4 Zoning District
Required
Proposed,
Min. Lot Size
9,500 S.F.
11,095 SF
�1 Max. Building Coverage
20%
16%
Max. Overall Coverage
40%
21 %
♦ Front Setback
30 ft.
23.3 ft
♦ Side Setback
10 ft.
7 ft
�l Rear Setback
30 ft.
>30 ft
�l Max. Building Height
40 ft.
27 ft
�l zoning compliance
♦ Waiver requested
The structure on the subject lot fails to comply with both the dimensional standards of the
district and the issued zoning permit. The house was constructed approximately seven feet
from the northern property boundary, or three (3) feet into the required side setback. The
front entrance porch, with roof, is constructed within the required 30-foot front yard setback.
This porch encroaches nearly seven (7) feet into the front yard setback. Applicants request
a front yard setback waiver of 6.75 feet and a side yard setback waiver of 3 feet. The
subject lot is a conforming lot. There is nothing unique or otherwise limiting in its shape or
size. The required setback lines allow for a sizeable building envelope. The Board
considers this application as though the applicants propose the waivers on a vacant lot,
prior to construction.
The proposed single family dwelling and its setbacks would very likely not qualify for a
variance pursuant to state law and the Land Development Regulations. The applicants
have therefore submitted the request as a Planned Unit Development as the only
regulatory mechanism which offers the possibility of setback waivers. However, as
explained below, the Land Development Regulations do not permit review of this
application as a PUD.
The Land Development Regulations do not require review of the proposed development
as a Planned Unit Development. See Section 15.02(B). Section 15.02(C) of the South
Burlington Land Development Regulations, pertaining to elective PUD review,
specifically states that "any applicant for site plan, conditional use, and or subdivision
review, or any other application for land development requiring action by the
Development Review Board, may request review pursuant to the PUD process and
regulations." The construction of a single family home is a permitted use in the R-4
zoning district, provided that all dimensional requirements are met. The construction of
a single family dwelling does NOT require action by the DRB and may not be considered
as a PUD.
The PUD waiver requirements were intended to allow the DRB to grant waivers of
setbacks to improve the design of new projects. The language in Article 15.01,
Purpose, says: "...It is the purpose of the provisions for subdivision and Planned Unit
Development (PUD) review to provide for relief from the strict dimensional standards for
individual lots in these Regulations in order to encourage innovation in design and
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layout, efficient use of land, and the viability of infill development and re -development in
the City's Core Area, as defined in the comprehensive plan." [emphasis added].
Where the grant of a waiver does not fulfill any of the purposes of PUD review, the
Board will not grant the requested waiver. The requested setback waivers are not
needed for an innovative design and/or layout or the efficient use of land. Even if the
Board were to conclude that this application could be reviewed as a PUD, the Board
would not approve the requested front or side yard setback waivers.
PLANNED UNIT DEVELOPMENT STANDARDS
The project is designed to be visually compatible with the planned development
patterns in the area, as specified in the Comprehensive Plan and the purpose of
the zoning district(s) in which it is located.
The single family residence is in conformance with the stated purpose of the Residential 4
Zoning District per the South Burlington Land Development Regulations. However, Section
4.03(E) of the South Burlington Land Development Regulations states that all requirements
of Section 4.03 and Table C-2, Dimensional Standards, shall apply.
Open space areas on the site have been located in such a way as to maximize
opportunities for creating contiguous open spaces between adjoining parcels
and/or stream buffer areas.
The layout of a subdivision or PUD has been reviewed by the Fire Chief or his
designee to insure that adequate fire protection can be provided.
Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines
and lighting have been designed in a manner that is compatible with the extension
of such services and infrastructure to adjacent properties.
Roads, utilities, sidewalks, recreation paths, and lighting are designed in a
manner that is consistent with City utility and roadway plans and maintenance
standards.
The above mentioned criteria were adequately addressed at the time of the subdivision
of the Country Club Estates area.
Pursuant to Appendix A.9 of the Land Development Regulations, luminaries shall not be
placed more than 30' above ground level and the maximum illumination at ground level
shall not exceed an average of three (3) foot candles.
Pursuant to Appendix A.10(b) of the Land Development Regulations, indirect glare
produced by illumination at ground level shall not exceed 0.3 foot candles maximum,
and an average of 0.1 foot candles average.
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CONCLUSIONS OF LAW
1. Section 15.02 (C) of the South Burlington Land Development Regulations, pertaining to
elective PUD review, specifically states that "any applicant for site plan, conditional use,
and or subdivision review, or any other application for land development requiring action by
the Development Review Board, may request review pursuant to the PUD process and
regulations". The Board concludes that the construction of a single family home does NOT
require action by the Development Review Board, so therefore, it does not have the
authority to review the application as a PUD or to grant the requested setback waivers
under the PUD provision.
2. Section 15.01 of the Land Development Regulations states"....It is the purpose of the
provisions for subdivision and Planned Unit Development (PUD) review to provide for relief
from the strict dimensional standards for individual lots in Regulations in order to encourage
innovation in design and layout, efficient use of land, and the viability of infill development
and re -development in the City's Core Area, as defined in the comprehensive plan."
[emphasis added]. The Board concludes that the proposed PUD request is not in
compliance with the stated purposes of the PUD provisions of the Land Development
Regulations.
DECISION
The Development Review Board hereby approves Preliminary Plat Application #SD-08-
20 of Terry & Bethany Lieberman:
Mark Behr — yea/May/abstain/not present
Matthew Birmingham — yea/pay/abstain/not present
John Dinklage — yea/Day/abstain/not present
Roger Farley — yea/Day/abstain/not present
Eric Knudsen — yea/nay/abstain/not present
Peter Plumeau — yea/nay/abstain/not present
Gayle Quimby — yea/nay/abstain/not present
Application denied by a vote of 0-4-0.
This application is hereby DENIED.
Signed this -'Z day of May 2008, by
John Din lage, Chair
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRECP 5 in writing, within 30 days of the date this
decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to
challenge this decision at some future time may be lost because you waited too long.
You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy;
finality).
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