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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received date of 6/27/01, with the following stipulations: I-) All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2) The occupancy of this accessory unit will be limited to the conditions of Section 26.75 of the Zoning Regulations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. s0*86'(24-646 W ar "own& 0 Nt CD V) 12 V��SA- s4. 3 Acfre, f Pd LA fiCE,e�yor'�- y y 22.32'(6.803m) All 117*02' 1000 R at 73.Od (22,250in) Lk"RIP49.11' ,a-- - -- - am LA 4 Q xv"\ �,V. \ ICJ 12 ip_-P_jA- k� �r w� �Z_ G-q-v , 0 4 ao x l`, = a�A LA R�ce55c� vh t J d � B4 .e,w.'le,± Bev�e_v ISM _Fkaor 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 WSPBMY . BRANC:Ht=��=� ArJENT42 = T MER '- Rv 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