HomeMy WebLinkAboutMS-08-01 - Decision - 0044 Country Club Drive#MS-08-01
CITY OF SOUTH BURLINGTON
FINDINGS OF FACT AND DECISION
TERRY & BETHANY LIEBERMAN - 44 COUNTRY CLUB DRIVE
MISCELLANEOUS APPLICATION #MS-08-01
FINDINGS OF FACT AND DECISION
Terry & Bethany Lieberman hereafter referred to as the applicants, seek approval to
alter the existing grade by adding 160 cubic yards of fill, 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 after the fact approval to alter the existing grade by adding
160 cubic yards of fill, 44 Country Club Drive.
2. The owners of record of the subject property are Terry & Bethany Lieberman.
3. The subject property is located in the Residential 4 (R4) Zoning District.
4. The plans submitted consist of a two (2) page set of plans, page one (1) entitled,
"Topographic Survey for Terry & Bethany Lieberman 44 Country Club Drive So.
Burlington, Vermont", prepared by Vermont Land Surveyors, Inc., dated March
14, 2008.
Zoning District & Dimensional Requirements:
Table 1. Dimensional Requirements
R4 Zoning District
Required
Proposed
4 Min. Lot Size
9,500 S.F.
11,095 SF
4 Max. Building Coverage
20%
16%
4 Max. Overall Coverage
40%
21 %
♦ Front Setback
30 ft.
23.3 ft
♦ Side Setback
10 ft.
7 ft
4 Rear Setback
30 ft.
>30 ft
4 Max. Building Height
40 ft.
27 ft
�l zoning compliance
♦ zoning non-compliance
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The structure does not comply with either the dimensional standards of the district or the
issued zoning permit. The house was constructed approximately seven feet from the
northern property boundary, or three feet into the required side setback. Previous owners
also built a front entrance porch, with roof, within the required front yard setback. This porch
encroaches nearly seven (7) feet into the front yard setback.
The applicant seeks approval of these departures from the setback requirements as part of
a separate application. The Board does not review or approve the single family dwelling
setbacks as part of this application.
This application shall be reviewed under Section 3.12 of the Land Development
Regulations:
The removal from land or the placing on land of fill, gravel, sand, loam, topsoil, or other
similar material in an amount equal to or greater than twenty (20) cubic yards, except
when incidental to or in connection with the construction of a structure on the same lot,
shall require the approval of the Development Review Board. The Development Review
Board may grant such approval where such modification is requested in connection with
the approval of a site plan, planned unit development or subdivision plat. This section
does not apply to the removal of earth products in connection with a resource extraction
operation.
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 sub -Section 3.12(B). An
application under Section 3.12(A) above 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.
The applicant submitted a plan, containing two (2) sheets showing the placement of the
fill on the subject property. The plans depict the existing and proposed contours.
(B) The Development Review Board, in granting approval may impose any
conditions it deems necessary, including, but not limited to, the following:
(a) Duration or phasing of the permit for any length of time.
This requirement is not applicable to the subject application.
(b) 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.
There are no operations being conducted on the site and therefore this criterion
is not applicable.
(c) Provision of a suitable bond or other security adequate to assure
compliance with the provisions of this Section.
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This requirement will not be necessary for the subject application.
(d) Determination of what shall constitute pre -construction grade under
Section 3.07, Height of Structures.
The pre -construction height for future development will be the grade existing on
the property prior to the placement of the fill proposed in this application.
Other
The plan submitted as part of this application includes placement of fill on the adjacent
property. The Board can not and does not review or approve, as part of this application,
the placement of fill on the abutting property.
The Board understands that the subject fill was placed on the abutting property without
the consent of the abutting property owner.
DECISION
The Development Review Board hereby approves Miscellaneous Application #MS-08-01
of Terry & Bethany Lieberman, subject to the following conditions:
1. All previous approvals and stipulations which are not superseded by this
approval shall remain in effect.
2. This project shall be completed as shown on the plan submitted by the applicant
and on file in the South Burlington Department of Planning and Zoning, as
amended by the Development Review Board.
3. The pre -construction height for future development will be the existing grade prior
to the placement of the fill proposed in this application.
4. The plan shall be revised to show the changes below and shall require approval
by the Administrative Officer. Three (3) copies of the approved revised plans
shall be submitted to the Administrative Officer prior to permit issuance:
a. The plan showing the contour lines for the proposed fill shall be revised to
remove all contour lines not on the applicants' property.
5. The applicant shall obtain a zoning permit within six (6) months pursuant to
Section 17.04 of the Land Development Regulations or this approval is null and
void.
6. Any change to the plan shall require approval by the South Burlington
Development Review Board or the South Burlington Administrative Officer.
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Mark Behr — yga/nay/abstain/not present
Matthew Birmingham — yea/nay/abstain/not present
John Dinklage — yea/nay/abstain/not present
Roger Farley — yea/nay/abstain/not present
Eric Knudsen — yea/nay/abstain/not present
Peter Plumeau — yea/nay/abstain/not present
Gayle Quimby — yea/nay/abstain/not present
Motion carried by a vote of +- 0-0
Signed this 9 2 day of May 2008, by
John Dinklage, C
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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