HomeMy WebLinkAboutCU-01-25 - Supplemental - 0072 East Terrace7/10/01
A/VANG— CONDITIONAL USE APPLICATION, 72 EAST TERRACE
I move the South Burlington Development Review Board approve conditional use
application #CU-01-25 of Qingbin & Yan Wang seeking approval under Section 26.05,
Conditional Uses, and Section 26.75, Accessory Residential Units, of the South
Burlington Zoning Regulations, Request is for permission to have a 622 square foot
accessory residential unit, 72 East Terrace, as depicted on a three (3) page set of plans,
page one entitled "Qingbin Wang 72 East Terrace", with a stamped received date of
6/27/01, with the following stipulations:
I-) All previous approvals and stipulations which are not superseded by this approval shall
remain in effect.
2) The occupancy of this accessory unit will be limited to the conditions of Section 26.75 of
the Zoning Regulations including:
a) Occupancy of the accessory residential unit is restricted to not more than two (2)
persons, one of whom is related by blood or marriage to the owner of the primary
single-family residence, or is disabled as defined in subdivision 252(2) of Title 18,
or is at least 55 years of age.
b) Floor space of the accessory residential unit shall not exceed 30% of the floor space
of the existing living area of the primary single-family residence or 400 square feet,
whichever is greater.
c) The primary single-family residence is occupied by the owner.
3) The applicant shall obtain a zoning permit within six (6) months pursuant to Section
273302 of the Zoning Regulations or this approval is null and void.
4) Any change to the site plan shall require approval by the South Burlington Development
Review Board.
DEVELOPMENT REVIEW BOARD
10 JULY 2001.
PAGE 7
Mr. Dinklage said the application would be continued so staff can review new
information just received.
Mr. Boucher moved to continue the application until 21 August. Mr. Schmitt seconded.
Motion passed unanimously.
5. Public Hearing: Final plat application #SD-01-33 of Homestead Design, Inc.,
to amend a planned residential development consisting of 296 residential
units and an 18-hole golf course, Dorset St. The amendment consists of
minor modifications to decks, grading, buildings, etc., for the Glen Eagles
project, Park road:
Mr. Nedde showed 2 versions of the final plat. He said the changes are housekeeping
issues. There had been a cedar hedge proposed as a buffer to city -owned wooded area.
The applicant now proposes a cedar 2-rail fence. There will be stairs from the deck of
Unit 20. The decks on 2 units will be enlarged. There will be minor grading changes,
Mr. Belair said staff had no issues.
Mr. Cameron moved to approve Final Plat Application #SD-01-33 of Homestead
Design, Inc., subject to the stipulations in draft motion dated 10 July 2001. Mr.
Schmitt seconded. Motion passed unanimously.
/6. `;Public hearing: Application #CU-01-25 of Qingbin & Yan Wang seeking
(._- approval under Section 26.05, Conditional Uses, and Section 26.75,
Accessory Residential Units, of the South Burlington Zoning Regulations.
Request is for permission to have a 622 sq. ft. accessory residential unit, 72
East 'Terrace:
Mr. Wang said last year they got permission to build the addition. It will be used as a
residence for parents. He said they did not know they needed an additional permit for
this use.
Mr. Schmitt moved to approve Application #CU-01-25 of Qingbin & Yan Wang
subject to the stipulations in the draft motion dated 10 July 2001. Mr Boucher
seconded. Motion passed unanimously.
7. Public Hearing: Application #CU-01-21 of Craig and Gail Spain seeking
conditional use approval under Section 26.05, Conditional Uses, and Section
26.75, Accessory Residential Units, of the South Burlington Zoning
Regulations. Request is for permission to construct a 512 sq. ft. accessory
residential unit, 1 Woodside Drive:
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING & ZONING
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
(802) 846-4106
FAX (802) 846-4101
July 26, zooi
Mr. & Mrs. Qingbin Wang
72 East Terrace
South Burlington, Vermont 05403
Re: Conditional Use Application
Accessory Apartment
7z East Terrace
Dear Mr. & Mrs. Wang:
Enclosed please find a copy of the Finding of Facts of the Development
Review Board meeting on July io, zooi (effective date July 24, zooi).
Please note the conditions of approval, including that a zoning permit be
obtained within 6 months or this approval will be null and void.
If you have any further questions, please feel free to contact me.
Sincerely,
Sarah MacCallum
Associate Planner
Enclosure
DEPARTMENT OF PLANNING & ZONING
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
(802) 846-4106
FAX (802) 846-4101
July 6, 2001
Mr. & Mrs. Qingbin Wang
72 East Terrace
South Burlington, Vermont 05403
Re: ,...111ional Use Application
Accessory Apartment
h Tr ,?, "Ctrs. Wang:
Enclosed is -the agenda for next Tuesday's Development Review Board meeting and my
comments. Please be sure that somnne is at the meeting on Tuesday, July 10, 2001 at
7:30 p.m. at the City Hall Conference Room, 575 Dorset Street.
Sincerely,
>�
Raymond J. Belair
Administrative Officer
SM/td
Encls.
Coverage/Setbacks: The existing building coverage will increase slightly from 3.45% to
3.46% (20% max). The overall coverage will decrease from 10.43% to 10.35% (40%
max). All setback requirements are being met.
5) WANG — CONDITIONAL USE APPLICATION — ACCESSORY
APARTMENT, 72 EAST TERRACE
This project consists of a request under Section 26.05, Conditional Uses, and Section
26.75, Accessory Residential Units, of the South Burlington Zoning Regulations. The
request is for permission to have a 622 square foot accessory residential unit, 72 East
Terrace. Staff discovered that the applicant has converted the dwelling unit without
approval or a permit. The applicant was placed in violation. This request is to remedy
the violation.
This property is located within the Residential Four District. It is bounded on the north
by a single family residence, on the west by East Terrace, on the south by a right of way,
and on the east by an undeveloped lot.
The proposed use complies with the stated purpose of the Residential Four District to
"encourage residential use at moderate densities that are compatible with existing
neighborhoods and undeveloped land adjacent to those neighborhoods."
The proposed use will not adversely affect:
a) the capacity of existing or planned community facilities. No effect expected.
b) the character of the area affected. No adverse effect is expected.
c) traffic on roads or highways in the vicinity. The proposed use is not expected to
affect traffic.
d) bylaws in effect. The proposal is in conformance with the zoning regulations.
e) utilization of renewable resources. There is no utilization of renewable energy
resources to be affected.
f) general public health and welfare. No adverse effect is expected.
Section 26.75 of the Zoning Regulations: The occupancy of this accessory unit will be
limited to the conditions of Section 26.75 of the Zoning Regulations including:
a) ®ecupancy of the accessory residential unit is restricted to not more than two (2)
persons, one of whom is related by blood or marriage to the owner of the primary
single-family residence, or is disabled as defined in subdivision 252(2) of Title 18,
or is at least 55 years of age.
b) Floor space of the accessory residential unit shall not exceed 30% of the floor space
of the existing living area of the primary single-family residence or 400 square feet,
whichever is greater. Information provided by the applicant indicates that the
accessory residential unit will not exceed the size limitation of 30%.
c) The primary single-family residence is occupied by the owner.
The applicant has been made aware of these conditions and does not have a problem with
them.
P.,
ie 22, 2001
To: Department of Planning and Zoning
City of South Burlington
From: Yan and Qingbin Wang ��--
72 East Terrace
South Burlington, VT 05403
(802) 658-8914
�lq 9,/0 �
RECE
.FD
�-�-� M 2 7 2001
City of So, Buy li, _.d
Re: One accessory residential unit attached to a primary single-family residence
With a permission from your office in June 2000, we have built a 14x41 addition attached to the
back of our residence (72 East Terrace). This application is to apply for permission to convert part
of the addition into one accessory residential unit for our parents. Following your instruction for
this application, we would like to provide the following information:
Adjacent property owners and addresses:
061 O-OOR66-L Mary & George Deforge, 66 East Terrace, So. Burlington, VT 05403
0610-00070-R Judith & William Roach, 70 East Terrace, So. Burlington, VT 05403
2. Square footage of the accessory unit (a total of 622 sq. feet of finished area):
Kitchen (9'xl3') =117 sq. feet
Bathroom (9'x5) = 45 sq. feet
Bedroom (1Oxl3) = 130 sq. feet
Dinning area (10'xl 1') = 110 sq. feet
Living area (20'xl l') = 220 sq. feet (basement level)
The total square footage of 622 is significantly less than "30 percent (30%) of the floor space
of the existing living area of the primary single-family residence" (section 26.752). Our
primary single-family residence is about 3,000 square feet.
3. The primary single-family residence is occupied by the owner (Yan and Qingbin Wang)
4. Please see the attached graphs for the size of the addition and accessory unit.
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PUBLIC
SOUTH E
The
Devel
Hall. ''Coot
Room;' ,:575-
Straet,; _Sou*
ton: Vermont: t
dayy, July " 10,
7:30P.M. to,
thefokowing: *.
1. ApplibatrOd'
25 of Qingbin.
Wang seekh
proval under'r
26.05, ':Con(
Uses, and
ing ROO . Rao
questis - figs ,Pgt{s- .
.5ioiy � to hav* y�4 T 06:2!.
square font altbers-
sory residential limit,
72 East Ten•aoa
or uanlet
Park ReflltyDBC u d
The O"Brren"-f
LimitedPartnershnps'{,'
for, a 101- snit -
residential develop-
ment and. a six [61, for
subdivision, Hines-
burg Road and --,:Ken-
nedy Drive.
3. Application #CUo01-
21 of Craig and, ', Ga8 ;I
Spain _ seeking 'Condi-
tional use appraisal
under . Section. 26 05,
Conditional VS9C ,
sory Residenf.411
Units, of the. Sarifh !I
Burlington Zoning_,
Regulations. Request
is for permission, to:�
construct r a..-532
square loot acc"-
sory residential- unit,
T Woodside Drive
4. Final lat applica-
tion #SD-T1.31 of An-
tonio Pomerleau ' to.l
amend a planned; unit'
Development consis-
ting of three [31 iu ild=-
ings on 6.8 acre ` par-
cel. 1519 Shelburne
Road. The 'amerld>`
merit consists of tan
structing a 1ZQ
square. foot mepff#W.
cal room for ex ; f no
light manufactvriog'-
use.
5. Final plat applica
tion #SD-01-33 ofil
Homestead Design,!
Inc. to amend a
planned residential
development: consis
ting of 2W -residential
units and an T8 -hold
golf course, Dorset
street. The. amend-
ment consists' OP mi.:
nor modifications to
decks, grading, build-
ings, etc. for the Glen
Eagles project.'.,Park.__
Road.
6. Application #CU-01-
23 of the IndbpendePY
Wireless One. Leased:"
Realty Corp. seeking,
approval under Sec-
tion "26.05,. Condt
tional Uses;' ,-afL the
South Burtinton
ing Regulations. ite
quest is for-permis
sion to: 11' repfeca 4-
foot tower, end 2],'
stall three [31 paoev.
antennas on the rya*-'
tower, 625 Minestfnrg,
Road.-
7. Final plat' appiiea-t
tion #SD-of-32. to
amend a ' previously'
approval planned unit
development consis
ling of 11 an 88 room
bwiding, 24 a 71"_toom
hotel building,._ an:-07 1
a i f5 Will ies[auranu
The amendment c04
sists ` of adding addi
tional, landscaping, as
required by A 250, 1
Dorset Street.
8. Application #CU-01i- ;
22 of Indepen¢@ont'.
Wireless Ono' Leased
Realty Corp. seeking_,
conditional use -,-ap-
proval from Section:
26.05 of the South
Burlington Zoning'
Regulations: ,Request
is for permission to
install three j31 anten
nas .. on cupola and
roof of Sheraton Inn, -
870 Wifliston Road. . �
cop,mof, ow appGsa-
tions are available for,
public inspection at ;
the South Burlington.;
City Halt.
John Dinklage Chair
man
South Burlington De
veld-pment _:Aavleyr_;
Board
June 23, 2001. _
City of South Burlington
Application to Development Review Board
Official Use APPLICATION # C o 1
HEARING DATE 7/
FILING DATE 6 / `;A
FEE AMOUNT O
Name of applicant(s) -3 I A 8 I N WA�, y A IJ \-,3 act,) C,
Address q--'- E65T TF—K , Telephone # 6S 8 —
Represented by
Landowner & l of'4B I Ni &
Location and description of propertyail C u.0TOM.'( -
Adjacent property owner(s) & Address ;PkAjre
Type of application check one: PQ appeal from of Administrator Officer (includes a peals from m Notice Violation)
( ) request for a conditional use ( ) request for a variance) other 40 7 �1 cx�c %�C ( U-j:�
I understand the presentation procedures required by State Law (Section 4468 of the Planning & Development Act). Also that
hearings are held twice a month (first and third Tuesdays). That a legal advertisement must appear a minimum of fifteen 05)
days prior to the hearing. I agree to pay a hearing fee which is to
off set the cost of hearing.
Provision of zoning ordinance in question Seep 0� «� .• S
Reason for appeal/application "yyCJ Clj
Other documentation
153o/o �
Date
SOUTH BURLINGTON ZONING NOTICE
In accordance with the South Burlington Zoning Regulations and Chapter 117. Title 24 V.S.A. the South Burlington
Development Review Board will hold a public hearing at the South Burlington Municipal Offices, Conference Room. 575 Dorset
Street, South Burlington, Vermont on Tuesday, at 7:30 P.M. to consider the following:
Application of
seeking a
from Section
of the South Burlington Zoning Regulations. Request is for permission to
Date: June 4, 2001
To: Department of Planning and Zoning
City of South Burlington
From: Yan and Qingbin Wang
72 East Terrace
South Burlington, VT 05403
(802) 658-8914
Re: One accessory residential unit attached to a primary single-family residence
With a permission from your office in June 2000, we have built a 14x41 addition attached to the
back of our residence (72 East Terrace). This application is to apply for permission to convert part
of the addition into one accessory residential unit for our parents. Following your instruction for
this application, we would like to provide the following information:
1. Adjacent property owners and addresses:
061O-OOR66-L Mary & George Deforge, 66 ce, So. Burlington, VT 05403
0610-00070-1 Judith & Vvilliam Roth 0 East Terrace, o. Burlington, VT 05403
2. Square footage of the accessory unit (a total of 622 sq. feet of finished area):
Kitchen (9'x1Y) =117 sq. feet
Bathroom (9'x5) = 45 sq. feet
Bedroom (1Ox13) = 130 sq. feet
Dinning area (10'x1 V) = 110 sq. feet
Living area (20'xl 1') = 220 sq. feet (basement level)
The total square footage of 622 is significantly less than "30 percent (30%) of the floor space
of the existing living area of the primary single-family residence" (section 26.752). Our
primary single-family residence is about 3,000 square feet.
3. The primary single-family residence is occupied by the owner (Yan and Qingbin Wang)
\,\� Q-- —�fl c�T
,
5-�-
�w �
City of South Burlington
Application to Development Review Board
Name of applicant(s) R WO W W APA
Official Use
APPLICATION # 0
HEARING DATE 7 /v
FILING DATE iz
�a
FEE AMOUNT 5 J
Address'7-- EN51 TEK . Telephone # 6S 8 , a91 +
Represented by
Landowner
Location and description of property
Adjacent property owner(s) & Address
N)
Type of application check one: K appeal from of AdJ#1 trator Officer (includes appeals from Notice of Violation)
( ) request for a conditional use ( ) request for a variance ( ) other
I understand the presentation procedures required by State Law (Section 4468 of the Planning & Development Act). Also that
hearings are held twice a month (first and third Tuesdays). 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 hearing.
Provision of zoning ordinance in question
Reason for appeal/application
Other documentation
.�/d t
Date
SOUTH BURLINGTON ZONING NOTICE
In accordance with the South Burlington Zoning Regulations and Chapter 117, Title 24 V.S.A. the South Burlington
Development Review Board will hold a public hearing at the South Burlington Municipal Offices, Conference Room, 575 Dorset
Street, South Burlington, Vermont on Tuesday, _ _ , at 7:30 P.M. to consider the following:
Application of
seeking a
from Section
of the South Burlington Zoning Regulations. Request is for permission to
Yan Wang
72 East Terrace
May 20, 2001
Dear Officer:
I received the certified letter from the city of So. Burlington on May 18, 2001.
After I talked with Mr. Qingbin Wang who is out of country about the letter, he asked me
write this note to let you know that he is going to appeal the Notice of Violation to the
Development Review Board. Mr. Wang will contact the city about the detail of the
appeal as soon as he returns to Vermont. If you have any question regarding this please
fill free to contact me at 658-8914.
An eighty-five ($85) dollars check and the appeal application are enclosed in this
letter.
Thank you for your consideration.
Sincerely
LCIA 1
Aicten,t-�°'-r„Ve, =R.11AN.
Travel UVM TRAVEL ENTER
Tray1Cf�— HURLINGTON VT D540S
PAGE :ui A ' �i ►`i°' . �e 802 656-2233
TO: UVM
GENERAL ACCOUNTING
219 WATERMAN BLDG
HURL I NGTON VT 05405
FOR : TOUR BOOKING CANCEL FEET: APPLY
OINGHIN WANG
204 MORR I LL HALL UVM
BURLING_.TONVT/VT 05405
302-656-4564
10 MAY 01 — THJR S DAY
CUSTOMER: 1020
INVOICE: ITIN36554
WANG/QINGHIN*524525 517019
UNITED 381 COACH CLASS HOEING 7=37 JET
L V : BURL I NGTON VT 700A NONSTOP MILES— 763 CONFIRMED
AR: CHICAGO/OHARE 818A JOURNEY TIME— 2:18
SNACK —AUDIO FEAT-11 F
UNITED 851 COACH CLASS HOEING; 777 .JET
LV : C:H I CAGO/ CHARE 1205P NONSTOP MILES— 6579 CONFIRMED
AR: BE I J I NG 235P JOURNEY TIME-1 L : _ 0 ARVL DATE-11 MAY
LUNCH —LUNCH —MOVIE NEAT-24J
04 JIJN o 1 — MONDAY
UNITED 850 COACH CLASS BOE I NG 777 .JET
LV : PE I J I NG 4?5P NONSTOP MILE`.:— 6579 CONFIRMED
AR: CH I C:AGO /CHARE 440P JOURNEY TIME-13: 05
DINNER —BREAKFAST —MOVIE ,EAT-22A
UNITED 1472 COACH CLASS B iE I NG 7:37 .JET
LV: CH I C:AGO/CHARE 905P NONSTOP MILES— 763 CONFIRMED
AR: BURLINGTON VT 1206A JOURNEY TIME— 2:01 ARVL DATE-05 .JIJN
AUDIO SEAT-11A
05 .JIJN 01 — TUESDAY
TOUR BURL I Ni TON VT
CONFIRMATION —LILY
USA GATEWAY
AIR 05JUN DEPARTURE
TOTAL PRICE—T1JR—$7 0.00
FINAL PAYMENT RC:VD—TUR—:30MAR
DUE TO INCREASED SECURITY VALID PHOTO ID REQUIRED
LOWEST FARE OFFERED: $730.00
EMERGENCY SERVICE 800 850 1 232 ACCESS CODE: A—,J24
VALID PASSPORT IS REQUIRED
VISA Imo: RED=UIRED
ADDL VISA AND HEALTH REQUIREMENTS MAY APPLY
7 3c . 00
730.00-
4Fib: t NTIN'UINC KESER`. LIONS i2 HOURS IN ADVANCE iFOR INTERN.,rMNAL FLIGHTS AND SUGGEST vR HOLnS IN e%DVANCE FOR llCt+.SEA,;:C. FLIGHTS.
CAUTION ''ICKUS HAVE TALUE IF UNUSED, PUME REM RN FOR CREDITOR REFUND
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BRANC:Ht=��=� ArJENT42 = T MER '-
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DEPARTMENT OF PLANNING & ZONING
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
(802) 846-4106
FAX (802) 846-4101
May 16, 2001
Qinbin Wang
72 East Terrace
South Burlington, VT 05403
Re: Zoning Violation, 72 East Terrace
Dear Mr. Wang:
Please be advised that based on information available to the City, you have commenced land
development on your property at the above address without obtaining a permit from the City as
required by Section 27.10 of its Zoning Bylaws and 24 VSA 4443(a)(1). Specifically, you have
initiated the following activities on the above -described property:
Constructed one (1) additional dwelling unit thereby converting your single family dwelling to a two
(2) family dwelling without a zoning permit.
You have seven (7) days from the date of this letter to discontinue this violation and take
appropriate remedial action. Specifically, you must accomplish the following:
Undo the violation by removing the illegally constructed dwelling unit and return the property to
a single family dwelling.
If you do not accomplish the actions directed in this letter within seven (7) days of the date of this
letter, the City may pursue this matt-_-, - -curt. In such court proceeding, the City will be entitled
to seek appropriate injunctive relief and fines of up to $100.00 per day for each day your violation
continues beyond the seven (7) day period provided in this letter.
Qinbin Wang - Zoning Violation
May 16, 2001
Page 2
If the violation described in this letter occurs again within twelve (12) months of the date of this
letter, you will not be entitled to receive a further Notice of Violation from the City before the City
pursues further enforcement proceedings.
You may appeal this Notice of Violation to the Development Review Board by filing a written notice
of appeal (see enclosed) and eighty five ($85) dollars within fifteen (15) days of the date of this
letter with the Clerk of the Development Review Board at the following address: 575 Dorset Street,
South Burlington, Vermont 05403.
Sincerely,)
Raymond 3. Belair,
Administrative Officer
1 Encl
cc: Amanda, S.E. Lafferty, City Attorney
Certified letter #7000 1670 0000 0633 6492
CITY OIL SOUTH BU LINGTON
DEPARTMENT OF PLANNING & ZONING
575 DORSET STREET
SOUTH BUR,LINGTON, VER.MONT 05403
(802) 546-4106
FAX (802) 546-4101
April 27, 2001
Qinbin Wang
72 East Terrace
South Burlington, VT 05403
Re: Zoning Violation
Dear Mr. Wang:
It has been brought to my attention that you have an apartment for rent in your home at 72 East
Terrace. Our records indicate that you do not have a zoning permit for a two (2) family dwelling.
Having an apartment without a zoning permit is a zoning violation.
Please contact me within two (2) weeks of this letter to set up a time for me to inspect your
property to determine whether a zoning violation exists. 11I do not hear from your within tow (2)
weeks I will have no choice but to commence legal action to obtain compliance. Thank you for your
prompt attention to this matter.
Sincere,
Raymond 3. Belair,
Administrative Officer
RJB/mcp
South Burlington
P R O P E R T Y R E C O R D C A R D
Parcel ID: 0610-00072R
Owner Name: WANG QINGBIN
Location: EAST TERR
72
Total Bedrooms
3
1:Garage A/1S
528
Deck SF
144
Living Units 1
1:Garage Siding Vinyl
Deck Floor
WdDeck
PROPERTY
INFORMATION
Year Built
1977
2:Garage
0
Deck Wall
None
Effective Age 28
2:Garage Siding
Deck Roof
Building Type
Single
Energy Adjustment
Average
Total Bldg Area
2,040
Deck Ceiling
None
Story Height
2 Story
Foundation
Concret
Porch SF
148
Fireplaces
1
Const Type
Studded
Dormer Lin Ft
0
Porch Floor
WdDeck
Land Area
0
Const Quality
3.00
Dormer Roof
0
Porch Wall
None
Land Codes
1:Ext Wall
VnlSide
70%
1:Carport Roof
Porch Roof
Wood
11100
0.46
2:Ext Wall WdSidng 30%
2:Carport Roof
Porch Ceiling None
1:Roof Cover CompShg 100%
a♦
[ll
LA1
9
2
LZ4 'WLDD
S K E T C H
�12�
°CHP o
12-" 22
[2l [4]
LAZ GAR
�
151 "
20
2:Roof Cover 0%
Outbuildings
Basement SF 396
Basement Wall 2
Basement Fin UnFinsh 0
Basement Gar
SALES INFORMATION
1:Floor Cvr Allwnce 100%
2:Floor Cvr 0%
Sale Price
143,900
Condition Avg/Gd
Sale Date
10/24/96
Full Baths 2
ASSESSMENT INFORMATION
Half Baths 1
Fixtures 11
Dwelling Assessed Value
106,255
1:Heat/Cool HW BB 100%
Land Assessed Value
55,000
2:Heat/Coot 0%
Total Assessed Value
161,300
Total Rooms 6
Homestead Value
161,300