HomeMy WebLinkAboutMS-08-10 - Supplemental - 0038 Country Club DriveI
CITY OF SOUTH BURLINGTON
DEVELOPMENT REVIEW BOARD
\drb\misc\savage\savage misc.doc
DEPARTMENT OF PLANNING & ZONING
Report preparation date: October 3, 2008
Plans received: September 8, 2008
MISCELLANEOUSAPPLICATION #MS-08-10
SAVAGE — 38 COUNTRY CLUB DRIVE
Agenda # 6 Meeting date: October 7, 2008
Owner/Applicant Property Information
Stephen Savage & Cheryl Currier Savage Tax Parcel 0480-00038
38 Country Club Drive Residential 4 (R4) Zoning District
So. Burlington, VT 05403
Location Map
CITY OF SOUTH BURLINGTON 2 DEPARTMENT OF
DEVELOPMENT REVIEW BOARD PLANNING & ZONING
\drb\misc\savage\savage misc.doc
PROJECT DESCRIPTION
Stephen & Cheryl Savage, hereafter referred to as the applicants, are seeking miscellaneous
approval for after -the -fact approval for a 9'x12' deck constructed within the front setback
requirement, 38 Country Club Drive.
COMMENTS
Associate Planner Cathyann LaRose, and Administrative Officer Ray Belair, referred to herein
as Staff, have reviewed the plans submitted on September 8, 2008 and have the following
comments.
CONDITIONAL USE CRITERIA
Pursuant to Section 14.10(E) of the Land Development Regulations, the proposed conditional
use shall meet the following standards:
1. The proposed use, in its location and operation, shall be consistent with the planned
character of the area as defined by the City of South Burlington Comprehensive Plan.
Staff does not feel that the proposed addition is in conflict with the planned character of the
area, as defined by the Comprehensive Plan.
2. The proposed use shall conform to the stated purpose of the district in which the
proposed use is located.
According to Section 4.03(A) of the Land Development Regulations, the Residential 4 Zoning
District is formed to encourage residential use at moderate densities that are compatible with
existing neighborhoods and undeveloped land adjacent to those neighborhoods.
The proposed addition will not affect density in the neighborhood, so it is not in conflict with the
stated purpose of the R4 Zoning District. However, the Land Development Regulations require
that structures in the R4 Zoning District maintain a 30' setback, which this project would be in
conflict with.
3. The Development Review Board must find that the proposed uses will not adversely
affect the following:
(a) The capacity of existing or planned municipal or educational facilities.
The proposed addition will not adversely affect municipal services.
(b) The essential character of the neighborhood or district in which the property is
located, nor ability to develop adjacent property for appropriate uses.
Staff feels that the proposed addition does create the potential to adversely affect the character
of the neighborhood. Currently, the existing dwellings on this street share a common setback
CITY OF SOUTH BURLINGTON 3 DEPARTMENT OF
DEVELOPMENT REVIEW BOARD PLANNING & ZONING
\drb\misclsavage\savage misc.doc
that creates a neighborhood feel. An encroachment into this setback will allow other dwelling
units in this neighborhood to encroach into the established setback, under Section 3.06(J) of the
Land Development Regulations. The "domino effect" that could result from the proposed project
would adversely affect the character of the neighborhood.
(c) Traffic on roads and highways in the vicinity.
The proposed addition will not affect traffic in the vicinity.
(d) Bylaws in effect.
The proposed addition is not in keeping with applicable regulations, specifically the front yard
setback requirements outlined in table C-2 of the Land Development Regulations. The deck
encroaches six (6) feet into the front yard setback.
(e) Utilization of renewable energy resources.
The proposed addition will not affect renewable energy resources.
(1) General public health and welfare.
The proposed addition will not have an adverse affect on general public welfare.
Pursuant to Section 3.060)(2) of the Land Development Regulations, Front Setbacks:
A structure may encroach into a required front setback up to the average distance to the
building line of the principal structures on adjacent lots on the same street frontage.
The subject property does not qualify for this stipulation as the principal structure and deck both
extend further towards the front building line than both adjacent properties.
RECOMMENDATION
Staff recommends that the Development Review Board deny Miscellaneous application #MS-08-
10, as submitted.
R"LaRosme,"Asiffobiate
CPlanner
Copy to: Stephen & Cheryl Savage, applicant
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PLANNING & ZONING
November 19, 2008
Stephen & Cheryl Savage
38 Country Club Drive
South Burlington, VT 05403
Re: Zoning Violation — Deck
Dear Mr. & Mrs. Savage:
Please be advised that you are still in violation of the South Burlington Land
Development Regulations for having constructed a deck without a zoning permit. You
have two (2) weeks from the date of this letter to bring your property into compliance. I
will check your property in a couple of weeks to be certain that the deck as been
removed.
Sinc ,
t
ay J. Belair
Administrative Officer
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
DEVELOPMENT REVIEW BOARD
OCTOBER 7, 2008
C6��
/ iscellaneous application #MS-08-10 of Stephen & Cheryl Savage for after -
the -fact approval for a 9'x12' deck constructed within the front setback
requirement, 38 Country Club Drive:
Mr. Savage said he realizes that he made a mistake by not applying for a permit.
Mr. Dinklage noted there have been issues with setbacks in Country Club Estates. He
stressed that the DRB tries to be consistent and fair in applying the regulations. He said
the applicant could have a stone patio, but not a structure. One issue with a structure is
that once it is approved, it could be enclosed and become a new room.
Mr. Zaetz noted that 25 years ago he got a variance that allowed him to put on a garage.
Mr. Dinklage said that was not a good part of the City's history. The current DRB has
granted only 2 variances in its 9 year history. Mr. Dinklage stressed that there are 5 very
specific criteria for a variance that the current applicant could not meet. Mr. Zaetz said
the structure doesn't bother anyone.
Mr. Savage asked if they could disassemble the structure and put it in the back of the
house. Ms. LaRose said they could, if it meets the setbacks. This can be approved
administratively.
Ms. Quimby moved to approve Miscellaneous application #MS-08-10 of Stephen &
Cheryl Savage. Mr. Farley seconded. The vote on the motion was 0-6, and the motion
was deemed to have failed.
7. Preliminary Plat Application #SD-08-46 & Final Plat Application #SD-08-47
of South Burlington School District for a planned unit development for an
educational facility. The amendment consists of constructing a 33-foot high
accessory structure (broadcast booth), 550 Dorset Street (High School
football field):
Ms. McIntyre said they are requesting a height waiver for the broadcast booth on the
bleachers. The booth has been installed in conformance with the plans. Mr. Young
explained that due to scheduling and financial restraints involving the bleacher company,
the School District told them to go ahead. The structure has not been used as the
electrical inspection is not done.
Ms. McIntyre said the small booth on the south side of the field will remain and be used
by visiting teams for filming. There will be no speakers at that booth.
The speakers on the new booth will be adjust so that none will be facing toward the north
side where there are residences.
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PLAnNTWi i iONLNG
October 22, 2008
Stephen & Cheryl Savage
38 Country Club Drive
South Burlington, VT 05403
Re: Minutes — #MS-08-10
Dear Mr. & Mrs. Savage:
For your records, enclosed is a copy of the approved October 7, 2008 Development
Review Board meeting minutes.
If you have any questions, feel free to contact me.
Sincerely,
6NW)z�
Betsy McDonough Brown
Planning & Zoning Assistant
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southburlington
PLANNING & ZONING
Stephen & Cheryl Savage
38 Country Club Drive
South Burlington, VT 05403
Re: Miscellaneous Application #MS-08-10
Dear Mr. & Mrs. Savage:
Enclosed, please find the Findings of Fact and Decisions regarding the above
referenced application.
Should you have any questions, please contact our office.
Sincerely,
Betsy McDonough Brown
Planning & Zoning Assistant
Encl.
CERTIFIED MAIL RETURN RECEIPT: 7008 0150 0003 6150 5256
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com
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PLANNr c & Z(.1NING
October 8, 2008
Jay Zaetz
30 Mountain View Blvd.
South Burlington, VT 05403
Re: Miscellaneous Application #MS-08-10, 38 Country Club Drive
Dear Mr. Zaetz:
Pursuant to 24 VSA 4464(b)(3), enclosed please find a copy of the Development Review
Board decision regarding the above referenced matter. You are being provided a copy
of this decision because you appeared or were heard at the hearing.
If you have any questions, please feel free to contact this office.
Sincerely,
BetsyLMc:ugh Brown
Planning & Zoning Assistant
75 C1u,s'tt StrUtI, S1riUI"t !,,.r1r.n 1'z'n, VT U54n", W to! R15.t'QA 1az 8L, FI a w sha i.cinm
CITY OF SOUTH BURLINGTON
Interested Persons Record and Service List
Under the 2004 revisions to Chapter 117, the Development Review Board (DRB) has
certain administrative obligations with respect to interested persons. At any hearing,
there must be an opportunity for each person wishing to achieve interested person
status to demonstrate compliance with the applicable criteria. 24 V.S.A. § 4461(b). The
DRB must keep a written record of the name, address and participation of each person
who has sought interested person status. 24 V.S.A. § 4461(b). A copy of any decision
rendered by the DRB must be mailed to every person or body appearing and having
been heard by the DRB. 24 V.S.A. § 4461(b)(3). Upon receipt of notice of an appeal to
the environmental court, the DRB must supply a list of interested persons to the
appellant in five working days. 24 V.S.A. § 4471(c).
HEARING DATE: ( -, dm�
NAME MAILING ADDRESS PROJECT OF INTEREST
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PLANNING & ZONING
September 25. 2008
Stephen Savage
Cheryl Currier
38 Country Club Drive
South Burlington, VT 05403
Re: 38 Country Club Drive
Dear Property Owner:
Enclosed is the draft agenda for the October 7, 2008 South Burlington Development
Review Board Meeting. It includes an application for development on your property.
This is being sent to you and the abutting property owners to make aware that a public
meeting is being held regarding the proposed development. The official agenda will be
posted on the City's website (www.sburl.com) by the Friday prior to the meeting.
Under Title 24, Section 4464 of State law, participation in a municipal regulatory
proceeding is required in order to preserve your right to appeal a local development
approval to the Vermont Environmental Court. State law specifies that "Participation in a
local regulatory proceeding shall consist of offering, through oral or written testimony, a
statement of concern related to the subject of the proceeding."
If you would like to know more about the proposed development, you may call this office
at 846-4106, stop by during regular office hours, or attend the scheduled public meeting.
Sincerely,
7b—>N WCAIL
Betsy McDonough Brown
Planning & Zoning Assistant
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PLANNING & ZONING
October 3, 2008
Stephen & Cheryl Savage
38 Country Club Drive
South Burlington, VT 05403
Re: 38 Country Club Drive
Dear Mr. & Mrs. Savage:
Enclosed is the agenda for next Tuesday's Development Review Board meeting and
staff comments to the Board. Please be sure that someone is at the meeting on
Tuesday, October 7, 2008 at 7:30 p.m.
If you have any questions, please give us a call.
Sincerely,
Betsy McDonough Brown
Planning & Zoning Assistant
Encl.
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
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Permit # z -0� - to
APPLICATION FOR THE DEVELOPMENT REVIEW BOARD
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 the hearing.
Type of application (check one):
( ) Appeal from decision of the Administrative Officer (includes appeals from Notice of
Violation
() Request for a conditional use
( ) Request for a variance
(Other
PROVISION OF ZONING ORDINANCE 17 QUESTION (IF ANY):
WHAT ACTION OF THE ADMINISTRATIVE OFFICER ARE YOU APPEALING ?
N/A
'Ilno l�l Cep 1) OWNER F RECORD (Name as shown on eed, m ilin address, phone & fX #):
�lg s
1opi1
2) LOCATION OF LAST RECORDED DEED (book & page #)
3) APPLJCANT (name, mailing address, phone and fax #)
C. Overall impervious coverage (building, parking, outside s orage, etc)
Existing % / k*0 Sq. Ft. (Storag-t S��>
Proposed % / Sq. Ft.
D. Total area to be disturbed during construction: I O T Sq. Ft. *
* Projects disturbing more than one-half acre of land must follow the City's specifications
for erosion control in Article 16 of the Land Development Regulations. Projects
disturbing more than one acre require a permit from the Vermont Department of
Environmental Conservation.
9) COST ESTIMATES
A. Building (including interior renovations): $ t j [A
B. Landscaping $�
C. Other site improvements (please list with
10) ESTIMATED TRAFFIC: NIA
A
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 N 1 A
12) PEAK DAYS OF OPERATION A
13) ESTIMATED PROJECT COMPLETION DATE COVA Aoue_x
14) LIST ABUTTING PROPERTY OWNERS: (list names and address of all abutting
property owners, including those across any street or right-of-way. You may use a
separate sheet of paper if necessary):
l,Jl�\taNV� � M�,\�V►�'�� COO 'L� �D�nM��/ C�v�,L�V�
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C, \Xc S. sr S�,„�� �.1r s� 3� (ov►MA' Z�"
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4) CONTACT PERSON (person who will receive staff correspondence. Include name,
mailing address, phone & fax # if different from above):
5) PROJECT STREET ADDRESS: \rOv�, 'L r
6) TAX PARCEL ID #: O�k VO — (30031Y
7) PROJECT DESCRIPTION
A. Existing Uses on Property (including description and size of each separate
use): k `
B. Proposed Uses on Property (include description and size of each new use and
existing uses to remain oil S&I ig-
C. Total building square footage on property (proposed buildings & existing
building to remain): AA 11 �� _ e
1A0%AAtOTl - 1ve0 SO-Y. k`t, t' \snr, 4.=19f)k%^
D. Height of building & number of floors (proposed buildings and existing
buildings to remain, spe if baser
nt & mezzani e): p
`ro�wl�r- 1n e - &A — �os-f 4 A Al
E. Number of sidential Units (if applicable, new units & existing units to
remain): 1\1
F. Number of employees
vs. non -office employees): KL
company vehicles (existing & proposed, note office
G. Other (list any other information pertinent to this application not specifically
requested above, please note'overlay districts are applicable):
8) LOT COVERAGE �e 05.
A. Total parcel size: NUe, r7 I O Sq. Ft.
B. Buildings: Existing N2 %/ j4,00 Sq. Ft
Proposed . 81 % / oW ^Sq. Ft. I
(04S11A� 9 )(l-;� �-Czki
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.
0 F01, WA2 I I / W
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Do not write below this line
DATE OF SUBMISSION:
REVIEW AUTHORITY: UY[levelopment Review Board
❑ Director, Planning & Zoning
I have reviewed this application and find it to be:
®'COMPLETE ❑ Incomplete
of Planning & Zoning or Designee
718141>6
Date
At
LAW OFFICES OF
KOLVOORD,OVERTON
& WILSON
3 MAIN STREET
ESSEX JUNCTION, VERMONT
054S2-3199
1 �ITY CLERK'S OFF CI; 0
eived a 19Irat�M
orded in Vol —on Page �o3 —
o.Burlington and Records &0�
st:
klargaret A. Picard, City Clerk WARRANTY DEED
KNOW ALL PERSONS BY THESE PRESENTS that I, CHARLES M. DALEY, of
Southern Pines, in the County of Moore, and State of North Carolina, Grantor, in consideration of
TEN OR MORE Dollars paid to my full satisfaction by STEPHEN SAVAGE and CHERYL
-CURRIER, of Winooski, in the County of Chittenden and State of Vermont, Grantees, by these
presents, do freely GIVE, GRANT, SELL, CONVEY AND CONFIRM unto the said Grantees,
STEPHEN SAVAGE and CHERYL CURRIER, as joint tenants with right of survivorship, and their
heirs and assigns forever, a certain piece of land in South Burlington, in the County of Chittenden
and State of Vermont, described as follows, viz:
Being all and the same lands and premises conveyed to Charles M. Daley and Ann M.
Daley, by Warranty Deed of Russell C. Carpenter and Donna L. Carpenter, dated
M1164 / 97 Z and recorded in Book 104 on Pages 465-467
of the lanrecords of the City of South Burlington. The interest of Ann M. Daley in
and to said lands and premises was conveyed to Charles M. Daley by Quit Claim Deed
dated January 21, 1994, and recorded in Book 358 on Pages 685-686 of said land
records.
"A lot of land with house thereon, said property shown as lot No. 49 on a plan of the
Country Club Estates, dated March 1, 1967, Revision No. 1, and of record in Volume
80, at Page 57, of the Land Records of the City of South Burlington, said lot located
on the westerly side of Country Club Drive, so-called, and being more particularly
described as follows:
Beginning at a point on the westerly side of Country Club Drive, said point being a
common corner of lot No. 50 and the lot herein conveyed; thence proceeding in a
westerly direction 115 feet, more or less, along the boundary of lot No. 50 and the
lot herein conveyed, to a pont; thence turning to the right and proceeding in a
northeasterly direction 127 feet, more or less, to a point, said point being a common
corner of lot No. 48 and the lot herein conveyed; thence turning to the right and
proceeding in an easterly direction 122 feet, more or less, along the boundary of said
}
lot No. 48 and the lot herein conveyed to a point on the westerly sideline of County
Club Drive; thence turning to the right and proceeding southerly in and along the,
westerly sideline of Country Club Drive 124 feet, more or less, to the point or place
of beginning.
Said land and premises are subject to building and trade covenants of the Country
Club Estates, which are recorded in Volume 69, at Pages 331-32 of the Land Records
of the City of South Burlington. The building and trade covenants also include a
reservation or exception of a right of way or easement of a 5-foot right of way
abutting the sides and rear boundary lines of the herein conveyed lot, and along
Country Club Drive for the installation, maintenance, and repair of public utilities,
telephone and television transmission lines.
Included herein is a right of way in common with others to and from the land herein
conveyed over all streets of Country Club Estates Development so-called, until each
of said streets is accepted as a public street by the municipality.
Being all and the same land and premises conveyed to the within grantors by warranty
deed of Rene J. and June A Berard, dated June 13, 1968, and recorded in Volume 88,
at Page 168, of the Land Records of the City of South Burlington.
Said lands and premises are subject to, and have the benefit of, easements and rights
of way of record.
To said deed, plan of land, and the records thereof, and to all deeds and records
therein referred to, reference is hereby made in aid of this description.
TO HAVE AND TO HOLD said granted premises, with all the privileges and appurtenances
thereof, to the said Grantees, STEPHEN SAVAGE and CHERYL CURRIER, as joint tenants with
right of survivorship, and their heirs and assigns, to their own use and behoof forever; and I, the said
Grantor, CHARLES M. DALEY, for myself and my heirs, executors and administrators, do
covenant with the said Grantees, STEPHEN SAVAGE and CHERYL CURRIER, and their heirs and
assigns, that until the ensealing of these presents I am the sole owner of the premises, and have good
right and title to convey the same in manner aforesaid, that they are FREE FROM EVERY
LAW OFFICES OF
KOLVOORD.OVERTON
& WILSON
3 MAIN STREET
ESSEX JUNCTION. VERMONT
05452-3199
A
LAW OFFICES OF
KOLVOORD,OVERTON
E WILSON
3 MAIN STREET
ESSEX JUNCTION, VERMONT
054SZ-3199
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ENCUMBRANCE; except as aforesaid, and I hereby engage to WARRANT AND DEFEND the
same against all lawful claims whatever.
IN WITNESS WHEREOF, I hereunto set my hand and seal this ;0l Isr day of
A.D. 1999.
In Bence Of:
� rr,
Charles M. Daley
STATE OF VERMONT
COUNTY OF CHITTENDEN , SS.
At %uelu.f-.)-c,c-vc�N this alp day of A.D. 1999, CHARLES M.
DALEY personally appeared, and he acknowledged this inst ment, by him sealed and subscribed,
to be his free act and deed.
deed\daley.wd(mdd\rw)
Before me I .
R=o'Wy Public
Vermont FIroperty Transfer ^jgX
a. A, GhaP 231
1
32 V.
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1Jvuw`iN�Qu6cI Q�I'Z-'JiFPITPll
Return
..REN.E J.. BEARD....&......... WARRANTY DEED
..J Ur1E A B _ .. _ �D ............ Know All Men by these Presents, that
TO �
RU-SELL C . C RPE:.TER x we RE1'1E J. BERARD and DUNE A. BERARD1husband and wife
....................................................................................................................................................................................... ......................� .......
DONNA L. C-L_JPENTER
of South Burlington . .... ... ... ........... in the County of Chittenden ........................ ...... and state of Vermont................................................................. .. Grantor ,
in the consideration of Ten_ .and More (. 10.00�...-......-.....-......-......-......-......-.....-.....-......-...........-.Dollars paid to.....................Qom............................. .......full satisfaction by
..R.US..SELL Q . ";rirR.PENTER, and...D0NNA.....L......CARPENTER.}_ husband.....and...wif.e.,........................... .............. .............
................................................................................
--� Shelburne
lHXaPUfi ............. .in the County of Chittenden......................................................... and State of Vermont........................................... .... Grantee S , by these presents
do freely Give, Grant, Sell, Convey and Confirm unto the said Grantee ..q............. �US_SELL C. CARPENTER and DONNA L. CARPENTER. husband
.and....wife..}.....a.s......tenant.s....bY....the.....entirety.,......................................................................._..................................................... and ..................the.� r................ heirs and assigns forever,
a certain piece of land in South Burlington, in the County of Chittenden and State of Vermont, described as follows, viz.:
lot of land with house thereon known as Lot No. 49 on a Plan of the Country Club Estates, dated
March 1, 1967, Revision No. 1, and of record_ in Volume 80, Page 57, of the Land Records of the
Town of Soul'_-: Burlington, said lot located on the westerly side of Country Club Drive, so-called,
^nd being more particularly described as follows:
Beginning at a point on the westerly side of Country Club Drive, and which point is a common cor-
ner of Lot ;0 and the T.ot herein conveyed; thence proceeding in a westerll,T direction one hundred
fifteen (115 ) feet, more or less, along the boundary of Lot 50 and the lot herein conveyed, to a
point; thence turning to the right and proceeding in a northeasterly direction one hundred twenty-
seven (127) feet, more or less, to a point, and which point is a common corner of Lot 48 and the
tat herein conveyed; thence turning to the right and proceeding in an easterly direction one hun-
ed twenty-'wo (122) feet, more or less, along the boundary of Lot 48 and the lot herein
conveyed to a point on the westerly side of Country Club Drive; thence turning to the right and
proceeding in a southerly direction along the westerly side of Country Club Drive one hundred
twenty-four 'l24) feet, more or less, back to the point or place of beginning.
Said land anC premises are subject to Building and Trade Covenants of the Country Club Estates,
w',ich ire recorded in Volume 69, at Pages 331-332, of the Land Records of the Town of South Bur-
lington. Thr- Building and Trade Covenants also include a reservation or exception of a right of
way or eases;-n.t to the herein Grantors, their heirs, executors, or assigns, to a five (5) foot
right of way abutting the side and rear boundary lines of said lot and along Country Club Drive
for the installation, maintenance, and rep-.ir of public utilities and telephone and television
transmission lines.
Included herein is a right of way, in common with others nevertheless, to and from the land here-
in conveyed over all streets in Country Club Estates Develonment, so-called, until each of said
streets is accepted as a public street by the municipality.
Being part of the same land and premises conveyed to the Grantors herein by darranty Deed of
r than Allen ''arms, Inc., dated iviay 1, 1961, and recorded in Volume 56, at Page 357, of the
Land Records of the _'Town of South Burlington.
Reference is made to the above Deed and Plan, the records thereof, and the referencestherein
contained as part of and in further aid of this description.
PROPE,.= TRANSFER RETURN RECEI ED rt:1D TA-, PAID.
Retlzrn llo. 7U6 Signed
i;p to June 1 a 1968
To Have and to Hold said granted premises, with all the privileges and appurtenances thereof, to the said Grantee..$ ...... ...RUS SE LL ... C I ............. .
CARPENTER r"d DO DNA L. CARPE.'=R husband and wife as tenants b the entiret and their
....................................................................................................................................................................................................... s..................................................y......................... ...................Y...�........ .............. heirs and assigns, to
nbeir own use and,behoof forever. And...We............ the said Grantor..;Lq..............................................................................................................................................................................
tor ....... OurSe1Ves ...-and....oUrheirs, executors, and administrators do covenant with the said Grantees .SELL C. CARPENTER and,.,
DONNA L. CARPENTER � � { ��- and their
. ..................................... ............................a............................................................................................................................ ......... ...................................................................heirs and assigns, that until the ensealing of
p a:�.e................the sole owners of the premises, and have good right and title to convey the same in manner aforesaid, that they are Free from
these resents ........
everyencumbrance, ....._2 XC. . D t.... Sabove O..ed;..... ........................... .................................. _.............. ........................................ .......................... ............ ....... ..... .................................................. ........................ ... --- ..
and we
.......... ........... ........................... ..................................................................................................... .................... .... .............................. .... ..... ..................................................... ......................... ................................ ............................. ................ ...
....... .... .
hereby engage to Warrant and Defend the same against all lawful claims whatever ..}.....e.XG...p.t......a5.....ab.aV..e......s1a.t.e.d...
............................................... ...........................................................................................................
.......................................................
..................................... .......................
In Witness Whereof,
Zae................. hereunto set
................hand S and seal
S this.......1.............. .......... .day of......JUn!E...... ..............
A. D. 19.68
.....K.P.n .....J..0.
....er g rd.....................$ZAI .................
.. . ..... . ... . . ... . ........ ... .. ......... ... ................... ........ ...................
L. S.
INPRESENCE OF
... ... . .
Rene J.
.....................................................................................................................................................................................................
Berard
L. S.
:..t.a......N .....S.h rb.ino...........................
.......... June .... k_.
.... .3erard.. SEAL
................. ..............................................
. . .............. ... ............... ........... ........
...... . ..... .... ...... .. L. S.
J.ohn....F..•..Gilbe.rt................ .........................
Jizne....�:..�.....:3e_r.arS�
....................................................
....... ... ....... ....... ............. ..... ....... .................. .................................
. ............... L. S.
At....................izrin+.on...............................................this
Thirt.eenth.......... ...
... ........ day of
STATE OF VERMONT
June ...... ...
......... ..A. D. 19._68.......... ... ............
R.E.:..........J..,...BERA.RD....n.nd....JUKE..A..,......B3EnA:�D
.... ...... ...
CHITTENDEN COUNTY, ss.
.......................................................................................................................................................................................................................................
personally appeared, and.....they ................acknowledged
this instrument, by ........... ...... the ,...............sealed and subscribed, to be ............. h9jr... ......... ....
free act and deed.
Before me ..... .............................................
John F. Gilbert
.................._TDTARY ....SFA'L
Notary Public.
I hereby certify that U. S. Revenue Stamps to the amount of $....................................
were affixed to the foregoing instrument and were duly cancelled.
Received for Record ..................June....
4q_................. ..............
1�.. � ......., at.........11...3..15...............o'clock.....
f..�.....M. and recorded.
'1 "N— '
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1
52
ARTICLE .q GENERAL PROVISIONS
J. Exceptions to Setback and Lot Coverage Requirements for Lots Existing
Prior to February 28, 1974. The following exceptions to setbacks and lot
coverages shall be permitted for lots that meet the following criteria: the lot was in
existence prior to February 28,1974, and the existing or proposed principal use on
the lot is a single family dwelling or a two-family dwelling.
(i) Side and Rear Setbacks. A structure may encroach into the required side
or rear setback up to a distance equal to 50% of the side or rear setback
requirement of the district, but in no event shall a structure have a side
setback of less than five (5) feet.
(2) Front Setbacks. A structure may encroach into a required front setback up
to the average distance to the building line of the principal structures on
adjacent lots on the same street frontage, but in no event shall a structure
have a front setback of less than five (5) feet.
(3) Addtional Encroachment Subject to DRB Approval. Encroachment of
a structure into a required setback beyond the limitations set forth in (1) and
(2) above may be approved by the Development Review Board subject to the
provisions of Article 14, Conditional Uses, but in no event shall a structure be
less than three (3) feet from a side or rear property line or less than five (5)
feet from a front property line. In addition, the Development Review Board
shall determine that the proposed encroachment will not have an undue
adverse affect on:
(a) views of adjoining and/or nearby properties;
(b) access to sunlight of adjoining and/or nearby properties;
(c) adequate on -site parking; and
(d) safety of adjoining and/or nearby property.
(4) Processing of a Request. Any request under subsections (1) - (3) above to
expand an existing structure, or place a new structure, to within less than ten
(10) feet of any property line shall include the submission of survey data
prepared by a licensed surveyor showing the location of affected property
lines, existing and/or proposed structures, and any other information deemed
necessary by the Administrative Officer.
(5) Lot Coverage. For lots that are five thousand (5,000) square feet or greater
in size, but less than seven thousand five hundred (7,500) square feet, lot
coverage may exceed the maximum allowed for the district up to a maximum
of thirty percent (30%) for buildings and fifty percent (50%) for total lot
coverage. For lots that are less than five thousand (5,000) square feet in size,
lot coverage may exceed the maximum allowed for the district up to a
maximum of forty percent (40%) for buildings and sixty percent (60%) for
total lot coverage.
South Burlington Land Development Regulations Effective February 6, 2007
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