HomeMy WebLinkAboutVR-07-01 - Supplemental - 0026 Cortland Avenue#AO-07-02
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
MICHAEL J. BARRETT - 26 CORTLAND AVENUE
APPEAL #AO-07-02
FINDINGS OF FACT AND DECISION
Michael J. Barrett, hereinafter referred to as the appellant, is appealing the denial of the
Administrative Officer for zoning permit #ZP-07-101 for an above ground pool, 26
Cortland Avenue. The Development Review Board held a public hearing on Tuesday,
July 10, 2007. The appellant was present at the meeting.
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. On April 30, 2007, Michael J. Barrett submitted a zoning permit application (#ZP-
07-101) requesting a permit for the installation of an '",above ground pool". The
application also included a hand sketched site plan labeled "exhibit A" which
shows the proposed pool to be 24 feet in diameter and to be located four (4) feet
from the side property line and 11 feet from the rear property line.
2. On May 2, 2007, the Administrative Officer denied the zoning permit application
and so informed the applicant by letter dated May 2, 2007 that the permit was
denied because the proposed pool "does not meet the minimum 10 foot side
setback. requirement""
3. On May 18, 2007, the applicant submitted a Notice of Appeal appealing the
denial of the zoning permit.
CONCLUSION'S OF LAW
I. Section 13.04(A)(2) of the Land Development Regulations states the "no pool \
shall be closer than ten feet as measured from water's edge to any side or rear
yard lot lines". The proposed pool location clearly does not comply with this
requirement.(�Yyc��y f i ,/
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2. The proposed pool constitutes "land development" as defined by Article 2 of the
Land Development Regulations. A zoning permit is required for the pool and a
permit can only be issued if the proposed development is in compliance with the
Land Development Regulations. Since the proposed pool is not in compliance
with the Land Development Regulations, the Administrative Officer had no
authority to issue the permit requested.
�67
- 1 -
#AO-07-02
Motion by
to
DECISION
seconded by
Mark Behr — yea/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
Signed this day of
John Dinklage, Chair
2007, by
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRCP 76 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).
-2-
CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING 11 ZONING
DEVELOPMENT REVIEW BOARD Report preparation date: August 3, 2007
\drb\var\barrett variance.doc Application received: July 5, 2007
Aaenda #4
Owner/Applicant
Michael J. Barrett
26 Cortland Avenue
S. Burlington, VT 05403
Location Map
VARIANCE APPLICATION #VR-07-01
26 Cortland Avenue
Meeting date: August 7, 2007
Property Information
Tax Parcel 0460-00026
Residential 4 Zoning District
CITY OF SOUTH BURLINGTON 2 DEPARTMENT OF
DEVELOPMENT REVIEW BOARD PLANNING & ZONING
\drb\var\barrett variance.doc
Michael Barrett, hereinafter referred to as the applicant, is seeking a variance from Section 13.04(A)(2)
of the South Burlington Land Development Regulations. The request is to allow a 24' diameter above
ground pool to project six (6) feet into the required 10 foot side yard setback requirement, 26 Cortland
Avenue.
The proposed pool has already been erected; thus the property is in violation of the South Burlington
Land Development Regulations.
Associate Planner Cathyann LaRose and Administrative Officer Raymond Belair, referred to herein as
Staff, have reviewed the plans and have the following comments:
VARIANCE REVIEW STANDARDS
Title 24, Section 4468 of the Vermont Municipal and Regional Planning and Development Act establishes
the following review standards for all variance requests:
On an appeal under section 4464 or section 4471 of this title wherein a variance from the provisions of
a zoning regulation is requested for a structure that is not primarily a renewable energy resource
structure, the board of adjustment or the development review board, or the environmental court created
under 4 V.S.A. chapter 27 shall grant variances, and render a decision in favor of the appellant, if all
the following facts are found and the finding is specified in its decision.
(1) That there are unique physical circumstances or conditions, including irregularity,
narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical
conditions peculiar to the particular property, and that unnecessary hardship is due to such
conditions, and not the circumstances or conditions generally created by the provisions of the
zoning regulation in the neighborhood or district in which the property is located.
Staff feels that the subject property does not meet this requirement. The construction of a pool at the
current location is not dependent on the shape, size, or exceptional topographical features of the
property. The property in question has dimensions of 70'x108' which is the same size as most of the
lots in the neighborhood. It is regular in shape with no exceptional topographical features as the lot is
relatively flat.
(2) That because of such physical circumstances or conditions, there is no possibility that the
property can be developed in strict conformity with the provisions of the zoning regulation and
that the authorization of a variance is therefore necessary to enable the reasonable use of the
property.
CITY OF SOUTH BURLINGTON 3 DEPARTMENT OF
DEVELOPMENT REVIEW BOARD PLANNING & ZONING
\drb\var\barrett variance doc
This property does not contain any unique physical circumstances or features, so the subject property
does not meet this requirement. In addition, the subject property is currently developed with a single-
family dwelling, which is a reasonable use of the property.
(3) That the unnecessary hardship has not been created by the appellant.
Any hardship that exists is being created by the appellant, as the applicant constructed the pool in a
location which violates the South Burlington Land Development Regulations.
(4) That the variance, if authorized, will not alter the essential character of the neighborhood or
district in which the property is located, substantially or permanently impair the appropriate use
or development of adjacent property, reduce access to renewable energy resources, nor be
detrimental to the public welfare.
Staff finds it possible that the variance, if authorized, would alter the essential character of the
neighborhood. Several abutting property owners have contacted staff with their concerns relating to the
proximity of the structure to the property line. Staff does not find that the proposed structure would
permanently impair the appropriate use or development of adjacent property, reduce access to
renewable energy resources, or be detrimental to public welfare.
(5) That the variance, if authorized, will represent the minimum variance that will afford relief
and will represent the least deviation possible from the zoning regulation and from the plan.
Staff does not feel that the variance, if authorized, would represent the minimum variance that will
afford relief or represent the least deviation possible from the South Burlington Land Development
Regulations. The subject property is over 7,000 SF. There is land available on the lot with which to
place the pool that would be in compliance with the South Burlington Land Development Regulations.
RECOMMENDATION
South Burlington Land Use Regulations require that the applicant meet all five of the criteria for approval
of a variance. As all five of the above criteria are not met, staff recommends that the Development
Review Board deny Variance application #VR-07-01.
Respectfully submitted,
-/Cathyarffi LaRose, Associate Planner
Copy to: Michael Barrett, Applicant
" �icNib►T � ��
Any interested person may appeal this decision by filing a written notice of appeal with the clerk of the development review board within 15 days of the
date of this decision. The notice of appeal must be accompanied by a filing fee of $85.00.
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CITY OF SOUTH BURLINGTON
DEVELOPMENT REVIEW BOARD
7 AUGUST 2007
unanimously.
Public Hearing: Variance Application #VR-07-01 of Michael Barrett seeking
a variance from Section 13.04(A)(2) of the Land Development Regulations to
allow a 24 foot diameter above ground pool to project six feet into the
required 10-foot side yard setback requirement, 26 Cortland Avenue:
Mr. Barrett noted the pool is already there. It was given to them by his in-laws, and he
didn't know that the rules were different for outside and inside the house. The pool cost
only $800 to put in. After it was installed, they found out it was 6 feet within the setback.
Mr. Barrett noted that he didn't need a variance for the house extension and it is within
the setback by 2 feet. Mr. Belair explained that there are exceptions for extensions of
houses within older neighborhoods.
Mr. Dinklage said the difference is that a pool is a new structure, not an existing non-
conforming structure as a house may be.
Mr. Dinklage also noted that a neighbor, Rosemary Martell, has concern that the pool
elevation is above the fence, and the pool filter is behind a storage building only a few
inches from the fence. Mr. Belair noted that before 2003, sheds of less than 100 sq. ft.
didn't need Board approval. Mr. Dinklage said Ms. Martell is concerned with privacy in
her yard.
Mr. Belair distributed copies of the tax map indicating the relation of the subject property
to other properties. He said that staff feels that none of the 5 criteria for a variance are
met in this instance.
Ms. Brown, another neighbor, said she didn't feel this applicant should be allowed to do
something no one else can do.
Ms. Quimby moved to approve Variance Application #VR-07-01 of Michael Barrett.
Mr. Behr seconded. The vote on the motion was 0-4, and the application was deemed to
be denied.
5. Public Hearing: Final Plat Application #SD-07-43 of Allen Road Land
Company to amend a previously approved planned unit development
consisting of two 31-unit multi -family dwellings on 5.5 acres. The
amendment consists of increasing the height of each building by three feet,
150 Allen Road:
Ms. Dufresne said they are requesting an additional 3-foot height waiver. They have
adopted the IBC and Efficiency Vermont standards. The issue involves fire rating in the
-2-
}
SOUTH BURLINGTON PLANNING & ZONING
575 DORSET STREET
SOUTH BURLINGTON, VT 05403
(802)846-4io6
September 10, 2007
Michael Barrett
26 Cortland Avenue
South Burlington, VT 05403
Re: Minutes - 26 Cortland Ave.
Dear Mr. Barrett:
For your records, enclosed is a copy of the approved August 7, 2007
Development Review Board meeting minutes.
If you have any questions, feel free to contact me.
Sincerely,
Betsy McDonough
Planning & Zoning Assis ant
Encl.
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CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING & ZONING
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
(802) 846-4106
FAX (802) 846-4101
August 3, 2007
Michael Barrett
26 Cortland Avenue
South Burlington, VT 05403
Re: Variance Application & Hearing
Dear Mr. Barrett:
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, August 7, 2007 at 7:30 p.m. at the City Hall
Conference Room, 575 Dorset Street.
If you have any questions, please give us a call.
Sincerely,
Betsy M Donough
Planning & Zoning Assistant
Encl.
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
575 DORSET STREET
SOUTH BURLINGTON, VT 05403
(802)846-4io6
June 19, 2007
Michael Barrett
26 Cortland Avenue
South Burlington, VT 05403
Dear Property Owner:
Enclosed is a copy of a public notice published in Seven Days. 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 hearing is being
held regarding the proposed development.
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."
Please call our office at 846-4106 if you have any questions
Sincerely,
�t, I
Betsy McDonough
Planning & Zoning Assistant
Encl.
1
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
575 DORSET STREET
SOUTH BURLINGTON, VT 05403
(802)846-4io6
July 17, 2007
Michael J. Barrett
26 Cortland Avenue
South Burlington, VT 05403
Dear Property Owner:
Enclosed is a copy of a public notice published in Seven Days. 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 hearing is being
held regarding the proposed development.
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."
Please call our office at 846-4106 if you have any questions.
Sincerely,
"6&(f 1 1
l
V4
Betsy McDonough
Planning & Zoning Assistant
Encl.
SEVEN DAYS I june 20-27, 2007 1 classifieds 41B
auction at 10:00 a.m. on July 9,
^107, at the location of the prop-
y described in the mortgage; on
'*'Rhowledge and belief, known and
designated as and having an E-911
address of 149 Skunk Hollow Road,
Jericho, Vermont.
The property to be sold (the Prop-
erty) is all and the same land and
premises described in said mort-
gage, and further described as fol-
lows:
Being Lot 1, containing 10.26
acres, more or less, as depicted on
a map entitled "Two Lot Subdivi-
sion for Gladys B. Jameson, Skunk
Hollow Road, Jericho, Vermont",
dated May 3, 1997 prepared by Ver-
mont Land Surveyors, and recorded
on Slide 277 of the Jericho Land
records. The property is subject to
utility and drainage easement as
shown on said Plan.
Being all and the same land and
premises conveyed to Robert Scott
Jameson and Kara Marie Green-
wood by Warranty Deed of Gladys
B. Jameson dated June 30, 1997
and recorded on June 30, 1997 in
Volume 151, Page 242 of the Jeri-
cho Land Records.
The within described property may
be subject to easement, rights -of -
way of record and other interests
of record
Terms of Sale: The Prop-
erty shall be sold to the highest
bidder, who shall at sale pay cash
or certified funds, or $10,000.00
in cash, certified check, or good
bank check, and produce evidence
satisfactory to Plaintiff of the abil-
ity to pay the remainder of the
highest bid, which evidence shall
be provided to Plaintiff prior to
the initiation of bidding and who
shall pay the balance o3 -the sire-
cessful bid price within forty-five
(45) days. The successful bidder
will be required to sign a purchase
and sale agreement. Any purchaser
at sale will take the Property "AS
IS" and title will be conveyed by
Order of Confirmation.
The mortgagor is entitled to redeem
the premises at any time prior to
the sale by paying the full amount
due under the mortgage, including
the costs and expenses of sale.
Other terms to be announced at
the sale or inquire at Kohn Rath &
Meyer LLP 802-482-2905.
Dated: May 7, 2007
David Rath, Esq.
Attorney for Plaintiff
ti..
ONO3
NOTIFICATION OF PERIOD OF
PUBLIC COMMENT
Pursuant to 18 V.S.A. § 8907 and
the Administrative Rules on Agency
Designation, the Vermont Depart-
ment of Health (VDH), Division of
Mental Health (DMH), and the De-
partment of Disabilities, Aging and
Independent Living (DAIL) hereby
notify the public of the Applica-
tion for Re -Designation of How-
ard Center for Human Services.
A 14-day period of public com-
ment is provided for VDH/DMH
and DAIL to gather information
about Howard Center for Human
Services as part of the process to
decide whether or not the State of
Vermont will renew the agency's
designation to deliver develop-
mental and mental -health services
to adults, children, adolescents,
and families in Chittenden region.
Comments from consumers, par-
ents, family members, and other
concerned citizens about your ex-
periences with services provided
by Howard Center for Human Ser-
vices of Chittenden County are
welcomed. Public Comments will
be accepted until the close of busi-
ness on Thursday July 12, 2007. In
particular, DMH and DAIL are inter-
ested in knowing:
• What are the strengths and needs
of the agency?
• Does the agency work well with
other agencies in the community?
• Do people get the kinds of ser-
vices that they need?
• Do people get services when they
need them?
• Do you have any recommenda-
tions for improvements?
Please send written comments or
contact us by phone no later than
July 12, 2007
For Adult or Children's Mental
Health:
Mail: Vermont Department of
Health
- Division ofat Healt4
108 Cherry Street, PO Box 70
Burlington, VT 05401-0070
Attention: Melinda Murtaugh
Phone: 802-652-2000 Fax: 802-
652-2005
For Developmental Services:
Mail: Department of Disabilities,
Aging and Independent Living
103 South Main St.
Waterbury, VT 05671-1601
Attention: Joe Carlomagno
Phone: 802-241-2614 Fax: 802-
241-4224
PUBLIC HEARING SOUTH BURL-
INGTON DEVELOPMENT REVIEW
BOARD
The South Burlington Development
Review Board will hold a public
hearing at the South Burlington
City Hall Conference Room, 575
Dorset Street, South Burlington,
Vermont on Tuesday, July 10, 2007
at 7:30 P.M. to consider the follow-
ing:
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Show and tell.
View and post up to
6 photos per ad online
1. Appeal AO-07-02 of Michael J.
Barrett appeal denial of zoning
permit application ZP-07-101 for
an above ground swimming pool,
26 Cortland Ave.
2. Final plat application SD-07-
37 of Eighty Midas Drive, LLC
to amend a previously approved
planned unit development consist-
ing of an 8,480 square ft. general
office building, including a drive-in
bank. The amendment consists of
minor site modifications, 80 Midas
Drive.
John Dinklage, Chairman
South Burlington Development Re-
view Board
Copies of the applications are
available for public inspection at
the South Burlington City Hall.
June 20, 2007
PUBLIC NOTICE
The Chittenden County Transpor-
tation Authority (CCTA) is seeking
businesses and/or not -for -profit
agencies that have passed a Feder-
al Transit Administration manage-
ment review for contract work.
Qualified bidders should send their
response which indicates the date
of their last management review
to:
Chris Cole
Chittenden County Transportation
Authority
15 Industrial Parkway
Burlington, VT 05401
Chittenden County Transportation
Authority is an Equal Opportunity
Employer.
PUBLIC NOTICE
Vermont Agency of Transportation
Disadvantaged Business Enterprise
(DBE)
Overall Annual Goal on FTA-Funded
Projects
For Fiscal Year October 1, 2007
through September 30, Woe
Pursuantto US Department of Trans-
portation regulations contained in
49 Code of Federal Regulations,
Part 26, all state transportation
agencies receiving Department of
Transportation financial assistance
must establish overall percent-
age goals for the dollar value of
work to be awarded disadvantaged
businesses. This action has been
deemed necessary in order to pro-
vide these businesses with a level
playing field to participate in the
performance of contracts and sub-
contracts financed in whole or in
part with federal funds. The Ver-
mont Agency of Transportation is
a recipient of US Department of
Transportation financial assistance,
and hereby establishes the follow-
ing goal in accordance with these
regulations:
@Open 24/7/365.
Post & browse ads
at your convenience.
@Extra! Extra!
There's no limit to
ad length online.
�� www.sevendaym.COm [click on classifieds]
In FY 2008, the VT Agency of
Transportation intends to expend
4.11% of the federal financial
assistance received from the Fed-
eral Transit Administration with
small business concerns owned
and controlled by socially and
economically disadvantaged in-
dividuals (DBEs). It is the intent
of the VT Agency of Transporta-
tion that this expenditure be ob-
tained through a race and gender
neutral program.
Individuals who are interested in
becoming a certified disadvan-
taged business enterprise in Ver-
mont should contact:
Vermont Agency of Transportation
Office of Civil Rights & Labor Com-
pliance
National Life Building, Drawer 33
Montpelier, VT 05633-5001
Telephone: (802) 828-2717
A description of the methodology
used in establishing this goal can
be viewed for 30 days following
the date of this notice during nor-
mal business hours at the above
address. It is also available for
viewing on our website: htto://
www.aot.state.vt.us/civilrights/
Documents/VTransDBEGoalFY08.
pdf
Comments pertaining to this
overall goal will be accepted at
the above referenced address for
a period of forty-five days begin-
ning on the date of publication
of this notice. Comments will
also be accepted by the Federal
Transit Administration, Transpor-
tation Systems Center, Kendall
Square, 55 Broadway, Suite 920,
Cambridge, MA 02142-1093, At-
tention: FTA Regional Civil Rights
Officer.
Additional information about our
DBE Program, including our current
DBE Registry, certifitatien applica-
tion, resource guides and links to
other small business resources can
be obtained by visiting the DBE
page of our website at: http://
www.aot.state.vt.us/Civi[Rights/
Dbe.htm
ALL firms, both DBE and non -DBE,
are invited to contact the Vermont
Agency of Transportation for infor-
mation regarding bidding opportu-
nities on federally funded projects.
Dated June 15, 2007 at Montpelier,
Vermont
STATE OF VERMONT
CHITTENDEN COUNTY, SS.
GMAC,
Plaintiff,
CHITTENDEN SUPERIOR COURT
DOCKET NO. S0231-07 CnC
JOHN D. MORAN,
Defendant.
SUMMONS AND ORDER OF PUBLICA-
TION
TO THE ABOVE NAMED DEFENDANT.
JOHN MORAN
You are hereby summoned and re-
quired to serve upon Plaintiff's at-
torneys, Bauer, Gravel, Farnham,
Nuovo, Parker & Lang, whose ad-
dress is 40 College Street, Suite
100, P.O. Box 607, Burlington, VT
05402-0607, an answer to Plain-
tiffs Complaint in the above -enti-
tled action within 41 days after the
date of the first publication of this
Summons, which is June 13, 2007.
If you fail to do so, judgment by
default will be taken against you
for the relief demanded in the
Complaint. Your answer must also
be filed with the Court. Unless the
relief demanded in the Complaint
is for damage covered by a liability
insurance policy under which the
insurer has the right or obligation
to conduct the defense, or unless
otherwise provided in V.R.C.P. Rule
13(a), your answer must state as
a counterclaim any related claim
which you may have against the
Plaintiff, or you will thereafter be
barred from making such claim in
any other action.
Plaintiffs suit is an action to col-
lect sums that are due and owing
pursuant to certain promissory
note(s), and promises, executed,
and/or made, by Defendant and
in favor of Plaintiff, and the de-
faults thereon; and issues of title
and interest in a 2004 Chevrolet
Silverado 1500 Crew Cab truck, VIN
2GCEK13T341410488 and a 2004
Chevrolet Silverado Ext. Cab 4WD
truck VIN 1GCHK29UX4E338867.
It appearing from the Motion, and
Affidavit(s) duly filed in the above -
entitled action that service can not
be made on the Defendant with
-due diligence by any_of_the meth-
ods otherwise prescribed in V.R.C.P.
Rules 4(d) through (f) inclusive, it
is hereby ORDERED that service of
the above process shall be made
upon the Defendant, JOHN MORAN
by publication pursuant to V.R.C.P.
Rules 4(d)(1) and 4(g). This Order
shall be published once a week for
two consecutive weeks on June 13,
2007 and June 20, 2007 in Seven
Days or other newspaper of gen-
eral circulation in the Charlotte, VT
area; and a copy of this Order shall
be mailed to the Defendant, John
Moran at his last known mailing
address in Charlotte, Vermont.
Dated at Burlington, Vermont, this
25th day of May, 2007.
/s/ Matthew I. Katz
Chittenden Superior Court Judge
UNITED STATES DISTRICT COURT
DISTRICT OF VERMONT
ESTATE OF RYAN RODRIGUEZ,
JOE RODRIGUEZ AND CAROL RODRI-
GUEZ,
CO -ADMINISTRATORS
PLAINTIFFS,
V. DOCKET NO. 2:06-CV-125
JAY SIMON,
CORRECTIONAL MEDICAL SERVICES,
INC.,
EDWARD DIONNE,
JOSHUA RUTHERFORD,
MICHAEL CARBONNEAU, AND
JOHN ARZUAGA
DEFENDANTS.
ORDER FOR SERVICE BY PUBLICA-
TION
TO: John Arzuaga
An action has been brought against
you in the U.S.
District Court for the District of
Vermont alleging
that you violated the constitution-
al civil rights of
Ryan Rodriguez, acted outrageous-
ly, and caused his
survivors to suffer severe emotion-
al distress and
failed in your duty to provide medi-
cal and mental
health care which met the standard
of care to which
Ryan Rodriguez was entitled, re-
sulting in his death
on October 19, 2004.
You are hereby summoned and re-
quired to serve
upon Plaintiffs attorney, Jerome F.
O'Neill,
O'Neill Kellner & Green, 159 Bank
Street, P.O.
Box 5359, Burlington, VT 05402-
5359 an answer to
the complaint which is being
served upon you by
this publication within 20 days af-
ter publication of
this notice.
If you fail to do so, I`udgm-6nf try -
default will be
taken against you for the relief de-
manded in the
complaint. You must also file your
answer with the
Clerk of the U.S. District Court
within a reasonable
period of time after service. The
address is P.O. Box
945, Burlington, VT 05402.
Dated at Burlington, Vermont this
1 day of June, 2007.
Jerome J. Niedermeier,
U.S. Magistrate Judge
Cathyann LaRose
From: Michael Barrett [mike tdstatefloor ng@verizon.net]
Sent: Monday, July 09, 2007 3:43 PM
To: Cathyann LaRose
Subject: Appeal Hearing
To Whom it may concern,
I am sending this e-mail to inform you that I am not interested in filling my appeal for the denied zoning permit
at 26 Cortland Ave. Instead I would like to apply for a variance on the set back requirements. I have sent my
paperwork in along with my check and would like to proceed with this course of action. If anyone has any questions
please feel free to contact me at my office phone 802-864-5589 or cell phone 802-316-0925.
Michael J. Barrett
Tri-State Flooring, Inc.
7 Ambrose Place
Burlington, VT 05401
Ph 802.864.5589
Fax 802.864.3500
mike tristateflooring@verizon-.net
7/10/2007
spot
Y. find it here.
www.sevendaysvt.com
or}t is
No hearing will be held unless,
on or before Monday, July
30, 2007, a party notifies the
District Commission of an issue
or issues requiring the presenta-
tion of evidence at a hearing or
the commission sets the matter
for hearing on its own motion.
Any hearing request shall be in
writing to the address below,
shall state the criteria or sub -
criteria at issue, why a hearing
is required and what additional
evidence will be presented at the
hearing. Any hearing request by
an adjoining property owner or
other interested person must in-
clude a petition for party status.
Prior to submitting a request
for a hearing, please contact
the district coordinator at the
telephone number listed below
for more information. Prior to
convening a hearing, the District
Commission must determine that
substantive issues requiring a
hearing have been raised. Find-
ings of Fact and Conclusions of
Law will not be prepared unless
the Commission holds a public
hearing.
Should a hearing be held on this
project and you have a disability
for which you are going to need
accommodation, please notify us
by Monday, July 30, 2007.
Parties entitled to participate
are the Municipality, the Munici-
pal Planning Commission, the
Regional Planning Commission,
adjoining property owners, other
interested persons granted party
status; pursuant to 10 V.S.A. §
6085(c). Non-party participants
may also be allowed under 10
V.S.A. § 6085(c)(5).
Dated in Essex Junction, Ver-
mont, this
day of July, 2007.
By
Stephanie H. Monaghan
Natural Resources Board
District 4 Coordinator
111 West Street
Essex Junction, VT 05452
T/ 802-879-5662
E/ stephanie.monag han@state.
vt.us
ACT 250 NOTICE
MINOR APPLICATION
10 V.S.A. §§ 6001-6092
On July 3, 2007, Bradley Gard-
ner, filed application 4C1189 for
a project generally described as:
No hearing will be held unless,
on or before July 31, 2007, a
party notifies the District Com-
mission of an issue or issues
requiring the presentation of
evidence at a hearing or the
commission sets the matter for
hearing on its own motion. Any
hearing request shall be in writ-
ing to the address below, shall
state the criteria or subcrite-
ria at issue, why a hearing is
required and what additional
evidence will be presented at the
hearing. Any hearing request by
an adjoining property owner or
other interested person must in-
clude a petition for party status.
Prior to submitting a request
for a hearing, please contact
the district coordinator at the
telephone number listed below
for more information. Prior to
convening a hearing, the District
Commission must determine that
substantive issues requiring a
hearing have been raised. Find-
ings of Fact and Conclusions of
Law will not be prepared unless
the Commission holds a public
hearing.
Should a hearing be held on this
project and you have a disability
for which you are going to need
accommodation, please notify us
by July 31, 2007.
Parties entitled to participate
are the Municipality, the Munici-
pal Planning Commission, the
Regional Planning Commission,
adjoining property owners, other
interested persons granted party
status pursuant to 30 V.S.A. §
6085(c). Non-party participants
may also be allowed under 10
V.S.A. § 6085(c)(5).
Dated in Essex Junction, Ver-
mont, this 9 day of July 2007.
By
Peter E. Keibel
Natural Resources Board
District 4 Coordinator
111 West Street
Essex Junction, VT 05452
T/ 802-879-5658
E/ peter.keibel@state.vt.us
ACT 250 NOTICE
MINOR APPLICATION
10 V.S.A. §§ 6001-6092
On July 6, 2007, Essex Inn
Partners, Ltd., filed application
4CO608-6D for a project gener-
ally described as:
the construction of a 19,500
sf fly fishing pond. The project
is located on Essex Way in the
Town of Essex, Vermont.
No hearing will be held unless,
on or before July 31, 2007, a
party notifies the District Com-
mission of an issue or issues
requiring the presentation of
evidence at a hearing or the
commission sets the matter for
hearing on its own motion. Any
hearing request shall be in writ-
ing to the address below, shall
state the criteria or subcrite-
ria at issue, why a hearing is
required and what additional
evidence will be presented at the
hearing. Any hearing request by
an adjoining property owner or
other interested person must in-
clude a petition for party status.
Prior to submitting a request
for a hearing, please contact
the district coordinator at the
telephone number listed below
for more information. Prior to
convening a hearing, the District
Commission must determine that
substantive issues requiring a
hearing have been raised. Find-
ings of Fact and Conclusions of
Law will not be prepared unless
the Commission holds a public
hearing.
Should a hearing be held on this
project and you have a disability
for which you are going to need
accommodation, please notify us
by July 31, 2007.
Parties entitled to participate
are the Municipality, the Munici-
pal Planning Commission, the
Regional Planning Commission,
adjoining property owners, other
interested persons granted party
status pursuant to 10 V.S.A. §
6085(c). Non-party participants
may also be allowed under 10
V.S.A. § 6085(c)(5).
Dated in Essex Junction, Ver-
mont, this 10 day
of July 2007.
By
Peter E. Keibel
Natural Resources Board
District 4 Coordinator
111 West Street
Essex Junction, VT 05452
T/ 802-879-5658
E/ peter.keibel@state.vt.us
PUBLIC HEARING SOUTH BURL-
INGTON DEVELOPMENT REVIEW
BOARD
The South Burlington Develop-
ment Review Board will hold
a public hearing at the South
Burlington City Hall Conference
Room, 575 Dorset Street, South
Burlington, Vermont on Tuesday,
August 7, 2007 at 7:30 P.M. to
consider the following:
1. Master plan application
MP-07-01 of Dorset Street As-
sociates, LLC for a residential
development consisting of 109
units, 1530 Dorset Street.
2. Preliminary plat application
SD-07-42 of Dorset Street As-
sociates, LLC for a planned unit
development consisting of: 1) 79
single family dwellings, and 2)
30 multi family dwelling units,
1530 Dorset Street.
3. Variance application VR-07-01
of Michael J. Barrett seek-
ing a variance from Section
13.04(A)(2) of the Land Devel-
opment Regulations to allow a
24 foot diameter above ground
pool to project six (6) feet into
the required 10 foot side yard
setback requirement, 26 Cortland
Avenue.
4. Final plat application SD-07-
43 of Allen Road Land Co, Inc.,
to amend a previously approved
planned unit development
consisting of two (2) 31 unit
multi -family dwellings on 5.5
acres. The amendment consists
of increasing the height of each
building by three (3) feet, 150
Allen Road.
5. Conditional use application
CU-07-03 of RCC Atlantic, Inc..
for conditional use approval
under Section 14.10, Condi-
tional Use Review, of the South
Burlington Land Development
Regulations. Request is for
permission to install twelve (12)
panel communication antennas
on the roof, 80 Midas Drive.
John Dinklage, Chairman
South Burlington Development
Review Board
Copies of the applications are
available for public inspection at
the South Burlington City Hall.
Public Notice
Vermont Agency of Natural
Resources, Solid Waste Manage-
ment Program
Notice of Application
for CSWD's Burlington Drop -Off
Center.
Public notice is hereby provided
that the Vermont Solid Waste
Program has issued a Draft Re -
Certification for the following
Chittenden Solid Waste District
(CSWD) Facility:
Burlington Drop -Off Center, at
339 Pine Street, Burlington.
The Drop -Off Center accepts solid
waste, recyclables, and a wide
variety of other wastes from
generators within the CSWD.
The Agency of Natural Resources
(ANR) has reviewed the CSWD
application in accordance with
the provisions of Section 6-
305(b) and has determined that
it complies with the Vermont
Solid Waste Management Rules.
As a result, a draft recertifica-
tion has been issued and the
ANR is seeking public comment
on the draft.
The application and draft re-cer
tification are available for publi
review during normal business
hours at the Waste Management
Division office in Waterbury,
103 South Main Street, tel.
(802) 241-3444, the Burlingtor
City Clerk's office, tel. (802)
865-7000, and at the CSWD
Administrative office, tel. (802:
872-8100.
A final re -certification will be
issued for the facility without
a public informational meet-
ing unless a written request
for a public meeting, signed
by at least 25 residents, by the
City Council, by the Chitten-
den County Regional Planning
Commission, by CSWD, or by ar
adjoining landowner or residen
is received by the Program no
later than 4:30 p.m., August 11
2007.
Comments and questions must
be received by 4:30 p.m. Augu,
10, 2007, and must be address
to:
Jeff Bourdeau, Vermont Solid
Waste Management Program, 11
South Main Street, Waterbury, '
05671-0404 (Tel: 802-241-348
Fax: 802-244-5141).
support groups
DON'T SEE A SUPPORT group h
that meets your needs? Call V
mont 2-1-1, a program of Uni
Way of Vermont. Within Vermo
that 2-1-1 or 866-652-4636 (b
free) or from outside of Vermo
802-652-4636. Monday-Fric
8:30 a.m. - 4:30 p.m.
STARTING A WOMEN'S GR01
Ages 45+, to meet weekly
lunch and other activities sucl
walking, book discussions, i
seum visits, matinees, and E
Email Katherine at MKR2760'
aol.com.
SUPPORT GROUP FOR MEN
CRISIS: Divorce, custody, n
tionship-typesupport for in
Weekly !.meetings. Mondays, 6:
7:30 p.m., at the Universa
Unitarian, top of Church St., E
lington.
creation of four lots with
construction of a single family
home on each lot. The project
The District 4 Environmental
Commission will review this
application under Act 250 Rule
Wl-
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING & ZONING
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
(802) 846-4106
FAX (802) 846-4101
Application #AO - -
` NOTICE OF APPEAL
All information requested below must be completed,.in full.,Failure to provide the
requested information on this notice will result in rejection of your application and delay
in the review of the appeal before the Development Review Board.
I understand:
• the presentation procedures required by State Law (Section 4468 of the Planning
& Development Act);
• that the Development Review Board holds regular meetings twice a month;
• that a legal advertisement must appear a minimum of fifteen (15) days prior to
the hearing on my appeal.,
1 agree to pay a fee of $110 to offset the cost of the hearing on my appeal.
1) NAME AND ADDRESS OF APPELLANT(S):
2 W y x1S'���Q
2) LOCATION AND BRIEF DESCRIPTION OF PROPERTY AT ISSUE IN THIS
APPEAL:
3) WHAT ACTION OF THE ADMINISTRATIVE OFFICER ARE YOU APPEALING?
-1-
4) WHAT PROVISIONS OF THE LAND DEVELOPMENT REGULATIONS ARE
APPLICABLE TO THIS APPEAL, IF ANY?
5) WHAT RELIEF DO YOU WANT THE DEVELOPMENT REVIEW BOARD TO
GRANT?
f gam. .
w < <,.9 ch AI �l In, ,-- -�,a o,� 9=- cs
Li S �.+ Vca, P ro p�c�r . � L \ vve- -
6) WHY DO YOU BELIEVE THAT THE RELIEF REQUESTED IN NUMBER 5, ABOVE,
IS PROPER UNDER THE CIRCUMSTANCES?
-.(t5
7) LIST ABUTTERS (LIST ON A SEPARATE SHEET OF PAPER NAMES AND
ADDRESSES OF ALL OWNERS OF PROPERTY THAT ABUTS THE PROPERTY
THAT IS THE SUBJECT OF THIS APPEAL).
-. o� g C.o�-ar(:c�,r� - �,rc, , � r1 n-e.. � Ott" o•
Q
Y �
I hereby certify that all the information requested as part of this notice of appeal has
11
been submitted and is accura st of wledge.
SIGNATURE OF APPELLANT
50 -�- Io -:�
DATE
-2-
Do not write below this line
DATE OF SUBMISSION:
REVIEW AUTHORITY:
I have reviewed this Notice of Appeal and find it to be:
Complete Incomplete
Director of Planning & Zoning or Designee Date
-3-
Any interested person may appeal this decision by filing a written notice of appeal with the clerk of the development review board within 15 days of the
date of this decision. The notice of appeal must be accompanied by a filing fee of $85 00
Cp,:Z��C,.V-CC kv-q,-
E
CITY OF SOUTH BURLINGTON
ZONING PERMIT APPLICATION
Applicant: I �• Q� � • Cw.s S e+ Application No: l
Address:o26 CoMaAJy '.
Daytime Tel. No: g l
V 1
Property Owner:
Property Location:
Address:
Tax Parcel ID No.
Present use of property (describe):
�o✓V1 t
Parcel Size:
Present structure/improvements on property (describe):
Proposed use of property (describe):
�k nYYl Q.
Proposed structures/improve m nts includ;ng building dimensions):
W30%r-e- %' Tc�r },.. 1
Attach sketch plan (see attached sketch plan instructions) or site plan.
o
Estimated cost of improvement : 1, ry�j�
Adjoining property owned by applicant/property owner:
do
Property access (public road frontage, public water frontage, approved right-of-way): Lic-, �j •�,/�
1
Applicant/Owner Certification
The undersigned property owner hereby consents to submission of this application and understands that if the application is approved, the zoning perm
and any at ondit' s will be binding on the property.
�DateProp er ignature
The undersigned applicant hereby affirms that the information presented in this application is true, accurate and complete.
Applicant Signature
Date
ADMINISTRATIVE OFFICER ACTION
v �(�'�
Date Received.56
Fee Received: $
i
Identification of zoning district: Identification of proposed use:
Proposed use type: Permitted
Date of site plan approval/denial
Date of subdivision approval/denial
Date of conditional use approval/denial
Date of appeal variance approval/denial:
APPROVED
Date of Approval
This per i s Ile ire on
DENIED S d-7
Date f De ial
Notice of Appeal Rights
Conditional
Approval Date
Approval Date
Approval Date
Denial Date
Denial Date
Denial Date
Approval Date Denial Date
FINAL ADMINIST ROFFICEP
ZO EMIT
Fee:
2
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING & ZONING
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
(802) 846-4106
FAX (802) 846-4101
August 8, 2007
Michael J. Barrett
26 Cortland Avenue
South Burlington, VT 05403
Re: Variance Application #VR-07-01
Dear Mr. Barrett:
Enclosed, please find a copy of the Findings of Fact and Decision rendered at the
August 7, 2007 Development Review Board meeting.
Please let us know if you have any questions.
Sincerely,
Betsy McDonough
Planning & Zoning Assistant
CERTIFIED MAIL RETURN RECEIPT: 7006 2760 0004 9770 6241
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.0Q604-"—DK'J
NAME MAILIMr. nnnRpcc MCA IC/�T /1c 1\ITrI1rAT
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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 eve
ry been heard by the DRB. 24 V.S.A. § 4461(b)(3). person
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: L�
NAME RA A u
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING & ZONING
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
(802) 846-4106
FAX (802) 846-4101
August 8, 2007
Rosemary Martell
22 Newton Avenue
South Burlington, VT 05403
Re: 26 Cortland Avenue
Dear Ms. Martell:
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,
Betsy McDonough
Planning & Zoning Assistant
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING & ZONING
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
(802) 846-4106
FAX (802) 846-4101
August 8, 2007
Bev Brown
29 Greening Avenue
South Burlington, VT 05403
Re: 26 Cortland Avenue
Dear Ms. Brown:
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,
` 6
�D—(-
Betsy onough
Planning & Zoning Assistant
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June 27, 2007
22 Newton Avenue
South Burlington, VT 05403
Betsy McDonough
City of South Burlington
Department of Planning and Zoning
575 Dorset Street
South Burlington, VT 05403
Dear Betsy:
This letter is in response to the notice regarding a hearing on July 10, 2007
for Appeal #AO-07-02 for a zoning permit for an above ground pool at 26
Cortland Avenue.
I have included several pictures that I hope will show that the pool is only a
short distance from the property line and the elevation is higher than the
fence (6') itself. The filter sits behind the storage building that is only a
few inches from the fence. And, although it may not be very clear in the
pictures, the fence is now bowed and seems to have been pushed out by the
stones and other materials used to raise the ground level near the pool.
Between the pool, the higher elevations, the deck, here is no privacy in my
yard. If you have any questions, or would like to view the property, please do
not hesitate to contact me at 802-999-7387.
Sincerely,
Rosemary Martell
Enclosures
C,r41
ofsa
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING & ZONING
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
(802) 846-4106
FAX (802) 846-4101
July 6, 2007
Michael J. Barrett
26 Cortland Avenue
South Burlington, VT 05403
Re: 26 Cortland Avenue
Dear Mr. Barrett:
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, July 10, 2007 at 7:30 p.m. at the City Hall
Conference Room, 575 Dorset Street.
If you have any questions, please give us a call.
Sincerely,
�hq H, *U4�
Betsy McDonough
Planning & Zoning Assistant
Encl.
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING & ZONING
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
(802) 846-4106
FAX (802) 846-4101
April 23, 2007
Michael & Holly Barrett
26 Cortland Avenue
South Burlington, VT 05403
Re: Zoning Violation — Pool
Dear Mr. & Mrs. Barrett:
Since you have not responded to my letter to you dated April 6, 2007 requesting that you
obtain a zoning permit for your swimming pool, I am giving you one (1) additional week
to submit your application. Your application must be received by this office no later than
May 1, 2007 or legal action will be taken to obtain compliance.
I look forward to receiving your application by the deadline.
Since* ',
a J. Be air
Administrative Officer
CITY OF SOUTH BURLINGTON
DEPART,gENT OF PLANNING & ZONING
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
(802) 846-4106
FAX (802) 846-4101
April 6, 2007
Michael & Holly Barrett
26 Cortland Avenue
South Burlington, VT 05403
Re: Zoning Violation
Dear Mr. & Mrs. Barrett:
It has come to our attention that you have installed a swimming
search of our records indicate that you have not obtained a Zoning
and a permit is required. Please submit a completed zoning pool in your backyard. A
Pool within 10 days of the date of this letter. An application may permit for this pool
www.sburl.com. permit application for this
y be downloaded from
If you have any questions, please feel free to contact me.
Sincer y
aPJ.
i
Administrative Officer
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING & ZONING
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
(802) 846-4106
FAX (802) 846-4101
May 21, 2007
Michael J. Barrett
26 Cortland Avenue
South Burlington, VT 05403
Re: Notice of Appeal
Dear Mr. Barrett:
This is to confirm that I have received your Notice of Appeal on 5/18/07 appealing my
decision to deny you a zoning permit. In answer to question #5 of the Notice of Appeal
which asks "what relief do you want the Development Review Board to grant?" you
answered "a variance on the setback requirement'.
If you wish to apply for a variance, you must complete the enclosed application. Please
be sure to check off "variance" under type of application, enclose a site plan showing the
location of the proposed pool describing how much of a variance you are requesting and
the application fee of $135.00.
If you do not specifically apply for a variance, the Board will only hear the merits of your
appeal of my decision and will not be able to consider a request for a variance.
The hearing on your appeal is scheduled for July 10, 2007. If you have any questions,
please feel free to contact me.
CITY OF SOUTH B ) URLINGTON
DEPARTMENT OF PLANNING & ZONING
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
(802) 846-4106
FAX (802) 846-4101
VK
vgim
Permit #-0-1-
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,
P!R�OVISIOgOF ZONING ORDINANCE IN QUESTION (IF ,�NY):
WHAT ACTION OF THE ADMINISTRATIVE OFFICER ARE YOU APPEALING ?
1) OWNER OF RECORD (Name as shown on deed, mailing address, phone &
�• �= V\\ Q- V 1
doa- Pk(., UA�a O�4o 3
2) LOCATION OF LAST RECORDED DEED (book & page #)
34�PPLICANT (name, mailing address, phone and fax #)
A _
4) CONTACT PERSON (person who will receive staff correspondence. Include name,
mailing address, phone & fax # if different from above):
5) PROJECT STREET ADDRESS:
6) TAX PARCEL ID #:
7) PROJECT DESCRIPTION
A. Existing Uses on Property (including description and size of each separate
use): , ,
B. Proposed Uses on Property (include description and size of each new use and
existing uses to remain):
C. Total building square footage on property (proposed buildings & existing
b ilding tore ain): ,
D. Height of building & number of floors (proposed buildings and existing
buildings to remain, specify if basement & mezzanine):
1 - Ir9c-�V,
E. Number of residential Units (if applicable, new units & existing units to
remain):
F. Number of employees & company vehicles (existing & proposed, note office
vs. non -office employees): 11 MI
G. Other (list any other information pertinent to this application not specifically
requested above, please note if overlay districts are applicable):
8) LOT COVERAGE
A. Total parcel size:
Sq. Ft. r (0 2-CD
B. Buildings: Existing J % / Sq. Ft
Proposed _ % / _ Sq. Ft.
C. Overall impervious coverage (building, parking, outside storage, etc)
Existing % / 2_9_�:K9_Sq. Ft.
Proposed '� �, % / Sq. Ft.
D. Total area to be disturbed during construction: q_ 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): $
B. Landscaping $
C. Other site improvements (please list with cost):
C6
5,00 .a0
10) ESTIMATED TRAFFIC:
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
12) PEAK DAYS OF OPERATION
13) ESTIMATED PROJECT COMPLETION DA
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):
a5 kv-e— t Annk_ Velra,
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I hereby certify that all the information requested as part of this application has been
submitted and is accurate to the best of my n
SIGNATURE OF
Do not write below this line
DATE OF SUBMISSION:
REVIEW AUTHORITY: Development Review Board
❑ Director, Planning & Zoning
I have reviewe is application and find it to be:
COMPLETE ❑ Incomplete
or uesignee
Date
EXHIBIT A
SITE PLAN
The following information must be shown on the plans. Please submit five (5) copies and one reduced
copy (I I" x 17") of the plan. Failure to provide the following information will result in your application
being rejected and a delay in the review before the Development Review Board.
o Lot drawn to scale (20 feet scale if possible).
o Survey data (distance and acreage).
o Contours (existing and finished).
o Proposed landscaping schedule (number, variety, and size) as required in Section 13.06(G) of the
Land Development Regulations.
o Location of streets, abutting properties, fire hydrants, existing buildings, existing landscaping.
o Existing and proposed curb cuts, pavement, walkways.
o - Zoning boundaries.
o Number and location of parking spaces (as required under Section 13.01(b) of the Land
Development Regulations).
o Number and location of handicapped spaces (as required under Section 13.01(I) of the Land
Development Regulations).
o Location of septic tanks (if applicable).
o Location of any easements.
o Lot coverage information: Building footprint, total lot, and front yard.
o North arrow.
o Name of person or firm preparing site plan and date.
o Exterior lighting details (cut sheets). All lights should be down casting and shielded.
o Dumpster locations (dumpsters must be screened).
o Bicycle rack as required under Section 13.01(G)(5) of the Land Development Regulations.
o If restaurant is proposed, provide number of seats and square footage of floor area provided for
patron use but not containing fixed seats.
APPLICATION FEE
❑ Appeal of Administrative Officer $ 110.00*
❑ Conditional Use $ 135.00*
❑ Miscellaneous $ 85.00*
❑ Variance $ 135.00*
*includes $10.00 recording fee
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING & ZONING
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
(802) 846-4106
FAX (802) 846-4101
MEMORANDUM
To: Development Review Board
Fr: Raymond J. Belair, Administrative Officer
Date: July 6, 2007 AL
Re: Appeal #AO-07-02 — Agenda #5
BACKGROUND
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On April 30, 2007, Michael J. Barrett submitted a zoning permit application (#ZP-
07-101) requesting a permit for the installation of an 'above ground pool" (copy
enclosed). The application also included a hand sketched site plan labeled
"exhibit A" which shows the proposed pool to be 24 feet in diameter and to be
located four (4) feet from the side property line and 11 feet from the rear property
line.
2. On May 2, 2007, the Administrative Officer denied the zoning permit application
and so informed the applicant by letter dated May 2, 2007 (copy enclosed) that
the permit was denied because the proposed pool "does not meet the minimum
10 foot side setback requirement".
3. On May 18, 2007, the applicant submitted a Notice of Appeal appealing the
denial of the zoning permit (copy enclosed).
ISSUES
1. Section 13.04(A)(2) of the Land Development Regulations states the "no pool
shall be closer than ten feet as measured from water's edge to any side or rear
yard lot lines" (copy enclosed). The proposed pool location clearly does not
comply with this requirement.
2. The proposed pool constitutes "land development" as defined by Article 2 of the
Land Development Regulations. A zoning permit is required for the pool and a
permit can only be issued if the proposed develops7ient is in compliance with the
Land Development Regulations. Since the proposed pool is not in compliance
with the Land Development Regulations, the Administrative Officer had no
authority to issue the permit requested.
CITY OF SOUTH BURLINGTON
ZONING PERMIT APPLICATION /� (6/
Applicant: , BEAT S Application No: " v
Address: 026 comahj AV Q—
Daytime Tel. No: 8� �'�CT)
Jot i ,r1A 7
Property Owner: W1 CkAa.l--s' .
Property Location:
Address:
Tax Parcel ID No.
Present use of property (describe):
Parcel Size:
Present structure/improvements on property (describe):
Proposed use of property (describe):
Proposed structures/improvem nts including building dimensions):
Attach sketch plan (see attached sketch plan instructions) or site plan.
Estimated cost of improvement : 1, �� od
Adjoining property owned by applicant/property owner:
J/p
Property access (public road frontage, public water frontage, approved right-of-way): "L, 404Q�e
I'
Applicant/Owner Certification
The undersigned property owner hereby consents to submission of this application and understands that if the application is approved, the zoning pernut
and any at ondit' s will be binding on the property.
V/ Ob
Prop er ignature Date
The undersigned applicant hereby affirms that the information presented in this application is true, accurate and complete.
Applicant Signature Date
ADMINISTRATIVE OFFICER ACTION
Ar
Date Received: Fee Received $
Identification of zoning district Identification of proposed use:
Proposed use type: Permitted
Date of site plan approval/denial
Date of subdivision approval/denial
Date of conditional use approval/denial
Date of appeal variance approval/denial:
APPROVED
Date of Approval
This per i s ]1 a ire on
DENIED S b
Date If De ial
Notice of Appeal Rights
Conditional
Approval Date
Approval Date
Approval Date
Denial Date
Denial Date
Denial Date
Approval Date Dental Date
FINAL ADMINISTr �(iV7 OFFICEP " ^Trnwr
ZO ERMIT
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Fee:
7
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING & ZONING
SOUTH BURL NGTON, VERMONT 05403
(802) 846-4106
FAX (802) 846-4101
May 2, 2007
Michael J. Barrett
26 Cortland Avenue
South Burlington, VT 05403
Re: Zoning Permit Denial — Pool
Dear Mr. Barrett:
Enclosed, please find a copy of Zoning Permit Application #ZP-07-101 re
4/27/07 for the installation of a 24 foot above ground swimmingreceived on
denied because it does not meet the minimum 10 foot side setback requirement.
permit was
Sincer q rement.
y o d J. Belair
Admi istrative Officer
Please note: Pursuant to 24 VSA § 4465, an interested person may a
by filing a Notice of Appeal with the secretary of the Development Review Notice of Appeal must be accompanied with a $110 filing fee a y appeal this decision
of the date of this decision. w Board. This
9 and be filed within 15 days
ARTICLE 13 SUPPLEMENTAL REGULATIONS 172
13.03 Airport Approach Cones
A. General Restrictions. Notwithstanding the provisions of any other section(s) of
these regulations, the uses permitted in any district in the Airport Approach Cones, as
shown on the Official Zoning Map and Overlay Districts Map, shall be permitted subject to
the following limitations:
(1) No use shall be permitted which will produce electrical interference with radio
communication or radar operations at the airport.
(2) No use shall be permitted which could obstruct the aerial approaches to the
airport.
(3) All uses shall comply with applicable FAA or other federal or state regulations.
(4) No lights or glare shall be permitted which could interfere with vision or cause
confusion with airport lights.
13.04 Swimming Pools
A. General Restrictions. Swimming pools may be allowed, subject to the following
provisions:
(1) No pool shall be constructed in a required front yard.
(2) No pool shall be closer than ten feet as measured from water's edge to any
side or rear yard lot lines
(3) Any lighting in conjunction with the pool shall be so situated that there is no
direct glare beyond lot line.
(4) Every in -ground swimming pool shall be completely enclosed by a wall, fence,
or other substantial structure not less than four (4) feet in height measured on
the outside of the enclosure. No openings other than doors and gates with any
dimensions greater than four inches shall be permitted therein except that
picket fences may be erected or maintained having horizontal spacing
between pickets not more than four (4) inches. All gates or door opening
through such enclosures shall be equipped with self -closing and self -latching
devices capable of remaining securely closed at all times when not in actual
use; provided however, that the door of any residence forming any part of the
enclosure need not be so equipped. Any self -latching device accessible from
the outside of the pool enclosure shall be located at least four (4) feet above
the ground or otherwise equally inaccessible to small children.
(5) A natural barrier, hedge, or other protective device approved by the
Administrative Officer may be used in place of the above as long as the degree
of protection afforded by the substituted devices or structures is not less than
the aforementioned protection by the enclosure, gate and latch. All above-
ground pools shall bar step access when not in use.
(6) No poolhouse or structure accessory to the pool shall be used for habitation or
for home occupation.
South Burlington Land Development Regulations Effective February 6, 2007
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING & ZONING
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
(802) 846-4106
FAX (802) 846-4101
Application #AO - 4 - °
NOTICE OF APPEAL
All information requested below must be completed in full. Failure to provide the
requested information on this notice will result in rejection of your application and delay
in the review of the appeal before the Development Review Board.
I understand:
• the presentation procedures required by State Law (Section 4468 of the Planning
& Development Act);
• that the Development Review Board holds regular meetings twice a month;
• that a legal advertisement must appear a minimum of fifteen (15) days prior to
the hearing on my appeal.
• 1 agree to pay a fee of $110 to offset the cost of the hearing on my appeal.
1) NAME AND ADDRESS OF APPELLANT(S):
n\Ar,. o I S .
2) LOCATION AND BRIEF DESCRIPTION OF PROPERTY AT ISSUE IN THIS
APPEAL:
3) WHAT ACTION OF THE ADMINISTRATIVE OFFICER ARE YOU APPEALING?
;6n)( LLI mnt 'LA
- 1 -
4) WHAT PROVISIONS OF THE LAND DEVELOPMENT REGULATIONS ARE
APPLICABLE TO THIS APPEAL, IF ANY?
5) WHAT RELIEF DO YOU WANT THE DEVELOPMENT REVIEW BOARD TO
GRANT?
�,.�VwLI� 1,-9MkAlr�- V-bbl _fi a
6) WHY DO YOU BELIEVE THAT THE RELIEF REQUESTED IN NUMBER 5, ABOVE,
IS PROPER UNDER THE CIRCUMSTANCES?
6e
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7) LIST ABUTTERS (LIST ON A SEPARATE SHEET OF PAPER NAMES AND
ADDRESSES OF ALL OWNERS OF PROPERTY THAT ABUTS THE PROPERTY
THAT IS THE SUBJECT OF THIS APPEAL). _ 6
AYE , �r�,� ��-0,
Q — �, 6M-e^: Ave.,
c.t,rc,e s�,
1 hereby certify that all the information re nested as art of this notice of appeal has
been submitted and is accura est of wledge.
SIGNATURE OF APPELLANT
DATE
-2-
Do not write below this line
DATE OF SUBMISSION: S r �
REVIEW AUTHORITY:
I have reviewed this Notice of Appeal and find it to be:
Complete 1/ Incomplete
Director of Planning & Zoning or Designee Date
-3-