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HomeMy WebLinkAboutCU-13-04 - Supplemental - 0002 Iby StreetPLANNING & ZONING October 7, 2013 Re: #CU-13-04 Dear Applicant: Enclosed, please find a copy of the Findings of Fact and Decision rendered by the Development Review Board concerning your recent application. Please note the conditions of approval including that a zoning permit must be obtained within six (6) months_ If you have any questions, please contact me. Sin*1y,RaBelair Administrative Officer Encl. CERTIFIED MAIL -Return Receipt Requested # 7010 0290 0000 2215 5655 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com SOON PLAN INc & ZOWiNG Permit # tK —�- 0 (ofce fiuse only) CONDITIONAL USE / VARIANCE / MISCELLANEOUS 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): Request for a conditional use () Request for a variance ( ) Other 2) LOCATION OF LAST RECORDED DEED (book & page #) 3) APPLICANT (name, mailing address, phone, fax #) 1;z- 71-6..s reef ' Sow %�� -�� fir t✓ i 6 o 4) CONTACT PERSON (person who will receive staff correspondence. Include name, mailing a. Contact e-mail address: C C G4 r b C4D ea1''' ^ l���� nAllPf— 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com 5) PROJECT STREET ADDRESS:�re 6) TAX PARCEL ID #: _ 0'1 / — coop 7) PROJECT DESCRIPTION a. General Project Description describe what you are proposing): 2 w r /1.1 J 4T/` � ` e-. `' iitict �� ci� 4 o- 0h d � � .' et c- c. Propo remain): Uses on Property (including description and size of L, Uses on Property (include description and size of each new use and existing uses to d. Total building square footage on property (proposed buildings & existing building to remain): e. Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement & mezzanine): f. Number of resident* I Units (if applicable, new units & existing units to remain): C lyi g. Number of employees & company vehicles (existing & proposed, note office vs. non -office employees): 4e.'e ; , ` I (I, h. Other (list any other information pertinent to this application not specifically requested above, please note if overlay districts are applicable): 6 -Q -' 2 Conditional Use / Variance /Miscellaneous Application Form. Rev. 12-2011 8) LOT COVERAGE a. Total parcel size: / ��z d4!� Sq. Ft. b. Buildings: Existing % / < Sq. Ft Proposed % / Sq. Ft. �5 c. Overall impervious coverage (building, parking, outside storage, etc) Existing Z % / -ZZ 3 S_ Sq. Ft. Proposed ;2-3 % / :Z 3 1 .2, Sq. Ft. d. Front yard impervious coverage (building, parking, o ide storage, etc) Existing °o / Sq. Ft. Propos % /_ Sq. Ft. e. Total area to be disturbed during construction: / to 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 $ A/4— c. Other site improvements,(please list with cost): 10) ESTIMATED TRAFFIC: a. P.M. Peak hour for entire property (in and out): 11) PEAK HOURS OF OPERATION l 12) PEAK DAYS OF OPERATION 13) ESTIMATED PROJECT COMPLETION DATESt�//^�+ 14) PLANS AND FEE Plans shall be submitted which shows the information required by the City's Land Development Regulations. Five (5) regular size copies, one reduced copy (11" x 17"), and one digital (PDF-format) copy of the plans must be submitted. A subdivision application fee shall be paid to the City at the time 3 Conditional Use / Variance / Miscellaneous Application Form. Rev. 12-2011 of submitting the application. See the City fee schedule for details. NOTE: NOTIFICATION of ADJOINING PROPERTY OWNERS: Notification of adjoining property owners, in accordance with 24 V.S.A. §4464(a) and Section 17.06(B) of the South Burlington Land Development Regulations, is the responsibility of the applicant. After deeming an application complete, the Administrative Officer will provide the applicant with a draft meeting agendas or public hearing notice and sample certificate of service. The sworn certificate of service shall be returned to the City prior to the start of any public hearing. I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge.:-'' y NATUR/9 OF LICAN' QI6NATU OF ]?RalgRMOWNER Do not write below this line DATE OF SUBMISSION: b I have reviewed this application and find it to be: O''COMPLET.E 0 Incomplete Administrative Officer ate 011 erg The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call (802) 879-5676 to speak with the regional Permit Specialist. 4 Conditional Use / Variance / Miscellaneous Application Form. Rev. 12-2011 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING DEVELOPMENT REVIEW BOARD Report preparation date: September 13, 2013 CU_13_04_21byStreet_Carpentier_deck Plans received: August 2, 2013 CONDITIONAL USE APPLICATION #CU-13-04 CARPENTIER — 2 IBY STREET Agenda # 6 Meeting date: September 17, 2013 Owner/Applicant Property Information Charles E. Carpentier Tax Parcel 0910-00002 2 Iby Street Residential 4 (R4) Zoning District So. Burlington, VT 05403 Location Ma PROJECT DESCRIPTION Charles E. Carpentier, hereafter referred to as the applicant, is seeking conditional use approval of a 7' X 14' deck to project into the front yard setback by approximately 12.5 feet, 2 Iby Street. CITY OF SOUTH BURLINGTON 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING CU 13 04 21byStreet Carpentier deck.doc COMMENTS Administrative Officer Ray Belair and Planner Temporary Assignment, Dan Albrecht referred to herein as Staff, have reviewed the plans submitted on August 2, 2013 and have the following comments. BACKGROUND The applicant is seeking approval to construct a 7' x 14' deck which will project into the front yard setback by approximately 12.5 feet, and will project approximately 2.75 feet further into the setback than the average of the adjacent properties. Section 3.06(J) of the Land Development Regulations establishes standards for consideration of exceptions to setback requirements for lots existing prior to February 28, 1974 as a conditional use. The application is therefore reviewed as a conditional use. CONDITIONAL USE CRITERIA Pursuant to Section 14 10(E) of the Land Development Regulations the proposed conditional use shall not result in an undue adverse effect on any of the following: (a) The capacity of existing or planned community facilities. Staff feels that the proposed addition will not have an undue adverse effect on community services. (b) The planned character of the area affected, as defined by the purpose or purposes of the zoning district within which the project is located, and specifically stated policies and standards of the municipal plan. The property is located within the Residential 4 Zoning District. The purpose of the District is stated as follows: 4.03 (A) Purpose. A Residential 4 District is hereby formed in order to encourage residential use at moderate densities that are compatible with existing neighborhoods and undeveloped land adjacent to those neighborhoods. Any use not expressly permitted is prohibited, except those that are allowed as conditional uses. The Comprehensive Plan, last adopted March 9, 2011, includes several objectives and recommendations related to housing in the community. Housing Objective 2 (page 40) states: "Identify and protect existing and developing residential neighborhoods" Staff recommends that the Board discuss this item in concurrence with the standards within Section 3.06(J). Currently, the existing dwellings on this street share a common setback that creates a neighborhood feel. An encroachment into this setback will allow other dwelling units in this neighborhood to encroach further into the established setback, under Section 3.06(J) of the Land Development Regulations. In this case, with an expansion of the encroachment of 2.75 additional feet (see below), adjacent buildings could be able to extend up to 1.37 feet further than they would be able to do presently. CITY OF SOUTH BURLINGTON 3 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING CU 13 04 2lbyStreet Carpentier deck.doc In making its determination, the Board should assess whether such an encroachment creates an adverse effect, AND if so, whether the adverse effect is undue on the planned character of the area. Based on this information above, staff feels that this application does not rise to the level of creating an undue adverse affect on the planned character of the area. (c) Traffic on roads and highways in the vicinity. The proposed addition will not affect traffic in the vicinity. (d) Bylaws and ordinances then in effect. The proposed addition would encroach into the front yard setback requirements outlined in table C-2 of the Land Development Regulations. An exception is allowed for lots existing prior to February 28, 1974 in Article 3, Section 3.06(J) of the Land Development Regulations. See below for these standards. (e) Utilization of renewable energy resources. The proposed addition will not affect the utilization of renewable energy resources 3.06(J) EXCEPTIONS TO SETBACK AND LOT COVERAGE REQUIREMENT FOR LOTS EXISTING PRIOR TO FEBRUARY 28,2974. The following exceptions to setbacks and lot coverages shall be permitted for lots or dwelling units that meet the following criteria: the lot or dwelling unit was in existence prior to February 28, 1974, and the existing or proposed principal use on the lot is a single-family dwelling or a two- family dwelling. (1) Side and Rear Setbacks. A structure may encroach into the required side or rear setback up to a distance equal to 50% of the side or rear setback requirement of the district, but in no event shall a structure have a side setback of less than five (5) feet. (2) Front Setbacks. A structure may encroach into a required front setback up to the average distance to the building line of the principal structures on adjacent lots on the same street frontage, but in no event shall a structure have a front setback of less than five (5) feet. (3) Additional Encroachment Subject to DRB Approval. Encroachment of a structure into a required setback beyond the limitations set forth in (1) and (2) above may be approved by the Development Review Board subject to the provisions of Article 14, Conditional Uses, but in no event shall a structure be less than three (3) feet from a side or rear property line or less than five (5) feet from a front property line. In addition, the Development Review Board shall determine that the proposed encroachment will not have an undue adverse affect on: (a) views of adjoining and/or nearby properties; (b) access to sunlight of adjoining and/or nearby properties; (c) adequate on -site parking; and (d) safety of adjoining and/or nearby property. CITY OF SOUTH BURLINGTON 4 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING CU 13 04 21byStreet Carpentier deck.doc In accordance with subsection (2) above, the applicant may create an encroachment of up to the average existing setback of the adjacent principal buildings without need for a conditional use approval from the Board. The allowable encroachment would be 9.75 feet into the setback, for an actual setback of 20.25 feet and the standard requirement is 30 feet. The applicant is this case is seeking an additional encroachment of 2.75 feet, for a total of 12.5 feet encroachment and actual setback of 17.5 feet. The proposed addition is an uncovered deck measuring 7' x 14'. Staff feels that the proposed addition would not have an undue adverse affect on views of adjoining and/or nearby properties as the principal buildings are separated by at least 17 feet, the deck will be 22" in height plus handrails, and the projection is only 2.75 greater into the setback than the average of adjacent properties. Staff feels that the proposed addition would not have an undue adverse affect on access to sunlight of adjoining and/or nearby properties as the principal buildings are separated by at least 17 feet and the deck will be 22" in height plus handrails. Staff feels that the proposed addition would not affect on adequacy of on -site parking. Staff feels that the proposed addition would not have an undue adverse affect on safety of adjoining and/or nearby properties as the setback will remain 17.5 feet from the right-of-way. RECOMMENDATION Staff recommends that the Development Review Board discuss miscellaneous application #MS-08-10 and pose any questions of the applicant or other potentially interested parties before closing the hearing. Respectfully submitted, Ray Belair, Administrative Officer Copy to: Charles E. Carpentier, applicant CITY OF SOUTH BURLINGTON CERTIFICATE OF SERVICE I hereby certify that on this cay of � 6 0 a copy of tl�e foregoing public notice for�.,P f ��u�i�/��: [type of application # �t�-13y (application number], was sent by U.S. mail, posta prepaid to the owners of all properties adjoining the subject property to development, without regard to any public right-of-way, and including the description of the property and accompanying information provided by the City of South Burlington. I further certify that this notification was provided to the following parties in accordance with 24 V.S.A. §4464(a) and Section 17.06(B) of the South Burlington Land Development Regulations: List of recipients: (full names and addresses) South Burlington City Center, LLC South Burlington Realty Company P.O. Box 2204 South Burlington, VT 05403 Brian Bolton 139 Hinesburg Road South Burlington, VT 05403 Warren and Mary Lahue 145 Hinesburg Road South Burlington, VT 05403 John and Gloria Van Graber 3 lby Street South Burlington, VT 05403 Leslie and Annette Parker 4 lby Street South Burlington, VT 05403 (),4 W , � Dated atJ (towt Printed Name-, Phone number and email: Signature: Date: Remit to: City of South Burlington Department of Planning & Zoning 575 Dorset Street South Burlington, VT 05403 State of Vermont Chittenden County Swo befo in n this d f 20 o Public Commission expires Fab.10, 2015 South Burlington Sample Certificate of Service P orm. Rev. 1-2012 tneOther Paper www.otherpapervt.com •August 29, 2013 • 15 < x 5 S-1 S 'Pub- .. ]111 URE: Brown Jordan Fur- LUGGAGE: Six pieces each ap- et: indoor/outdoor love proximately 28 inches by 18 s S o chairs, two ottomans. inches, $20. Phone 802 999 0625. Nott ears; $1,000 for all 5 pieces (08/ 15) Offer; originally $8,000. PUBLIC HEARING -5320. (08/22) PERCUSSION KIT: Gently used SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD Ludwig Percussion Kit. Includes URE:Oak Futon Frame in a xylophone, a xylophone stand, a The South Burlington Development Review Board will hold a ,ndition; minimally used pair of mallets, a practice pad that public hearing in the South Burlington City Hall Conference s optional; $150 Inverter also connects to the xylophone ging around). Nearly new stand, and a pair of drum sticks Room, 575 Dorset Street, South Burlington, Vermont on Sep - good condition; asking in a protective backpack case. tember 17, 2013 at 7:00 P.M. to consider the following: dl 578-0342. (08 / 15) Originally purchased through Ellis Music Company for $360. Usedfor 1. Preliminary & final plat application #SD-13-24 of North- RIGERATOR: G.E. side by Middle School Band. Asking $150. east Territories, Inc. for a planned unit development to 1/2 years old, new with Call 862-1132 (08/08) construct a 25,781 sq. ft. contractor or building trades is an ice/water dispenser facility, 66 Bowdoin Street.. Sells for $1,500, asking PING PONG TALE: Excellent Qeasurements: H 69 1/2 condition, table only. $80. 999- 2. Conditional use application #CU-13-04 of Charles E. age), width 33", depth 33". 4328 (08/08) Carpentier for approval of a 7' X 16' deck to project into -2334 to view. (08/29) the front yard setback by approximately 12.5 feet, 2 Iby SILK TREES AND PLANTS: Life- Street. XUB SETS: Men's set like 7 ft. Birch and 5 ft. Ficas tree. s Irons, driver, woods, Assortment of silk house plants, 3. Final plat application #SD-13-26 of Alan & Christine putter, water retriever $30 for all. 734-2928. (08/ 15) Palmer to: 1) subdivide a 3.19 acre parcel developed $50 OBO. Women's set with a commercial building into two (2) dots of 1.46 acres 3Irons woods, lob wedge, STAND UP PADDLEBOARD and 1.73 acres, and 2) combine the 1.73 acre parcel water retriever and bag; - Tahoe SUP Alpine Explorer with an adjacent 2.1 acre parcel developed with a com �. Call 860-1430. (08/01) Inflatable SUP I lFt 6In. Comes mercial building to create a 3.83 acre parcel, 20 & 25 in sturdy backpack carrying bag, Palmer Court. VK FORM: Brackets for complete with pump with gauge, your own 20'x 40' Back- repair kit, 2 detachable fins. Used rink. Brackets hold your twice. Retail $1199. Selling for Mark Behr, Chairman id plastic liner to create a $999. More info, call Mark at 863- South Burlington Development Review Board backyard fun! 658-2013 2037 (08/29) lr. best offer. (8/22) Copies of the applications are available for public inspection• WORKBENCH: Tradesman work- at the South Burlington City Hall. Participation in the local pro - Beautiful Thomasville bench, 6' x4', great condition. $80. ceeding is a prerequisite to the right to take any subsequent eam with small, soft red 999-4328 (08/08) appeal. int. Like new, $300. Trans- 1,ieelchair, excellent con -August 29; 2013 folds compactly, $100. t . rl buffet w/lighted hutch, n oak, decorative glass 2005 Subaru Legacy Station in hutch. Perfect condi- Wagon, good condition, 72K 50. Call651-1139. (08/22) miles, asking$7000, call802-860- Library CONTINUED FROM PAGE 10 0187. (08/08) Oupr67P tan ranlin ir, �s sue^ .r • T . y i N.''f •_ t l,.Mipop 7c 111 � -„` pIP' F No Text 'N L ELL 111111"I'll x: ! A {� z I�,l. 3D CIS ,� �I•;i�.l�.. ����� at Received Recorded! Vol. __ on Rae.8 Of So, Burlington Land Rocurd�..' { Attest: Margaret A. Clty f 5rk KNOW ALL MEN BY THESE PRESENTS: That STEPHEN R. PUTNAM, of Waitsfield, Vermont (the "Grantor"), in consideration of TEN AND MORE DOLLARS paid to the Grantor's full satisfaction CHARLES E. CARPENTIER, as sole tenant of South Burlington in the County of Chittenden and State of Vermont (together, if more than one, the "Grantee"), by these presents, does freely GIVE, GRANT, SELL, CONVEY AND CONFIRM unto the Grantee, and the heirs, successors and assigns of the Grantee forever, a certain piece of land in South Burlington in the County of Chittenden and State of Vermont, described as follows, viz: Being all and the same lands and premises conveyed to Stephen R. Putnam pursuant to a Warranty Deed, dated February 24, 1988, from Richard R. Ward, Patricia A. Ward and Robing L. Munson, recorded in Volume, Page 1J.of the Land Records of the City of South Burlington. A parcel of land with all buildings thereon situated on the north side of Iby Street, the dwelling house thereon being known as number 2 Iby Street; said parcel of land consisting of Lot Number 3 as shown on a plan of land recorded in Volume 1 I-1 at Page 70 of the City of South Burlington Land Records. This property is subject to certain restrictions as set forth more particularly in the Warranty Deed from Harry Barrett and Carrie Barrett to J. Alec Poulin, dated October 17, 1951, and recorded in Volume 30 at Page 218 of said Land Records. Reference is hereby made to the aforementioned instruments, the records thereof and the references therein in further aid of this description. TO HAVE AND TO HOLD said granted premises, with all the privileges and appurtenances thereof, to the said Grantee, and the heirs, successors and assigns of the Grantee, to his own use and behoof forever; And the Grantor, for himself and his successors and assigns, does covenant with the Grantee, and the heirs, successors and assigns of the Grantee, that until the ensealing of these presents he is the sole owner of the premises, and has good right and title to convey the same in manner aforesaid, that they are FREE FROM EVERY ENCUMBRANCE, except as above set forth, and except for real estate taxes and other municipal liens and assessments, if any, which shall be apportioned as of the date of closing; and that he hereby engages to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforesaid. IN WITNESS WHEREOF, the Grantor has executed this deed by his attorney -in -fact this L Y day of July, 1998. IN P CE OF: Print Name:&4leG .C#,FA'rr qAe FaL,, b�. C? Ls STEPHEN R. PUTNAM, BY LUCIA R. PUTNAM, HIS ATTORNEY -IN -FACT # i ( i tit- t I Propc�'f� 13 9 # i t� i j„rnc R try_ J i 1 I b� Sfree4 - I n i 10. 5ccat - - Cer)ierll'A- �_ 9 6/2- o I t I ii ;21 Soale i- 1' -i S � Cm-pe.ntier B/3f2at3 au �sYi VT _ m 3rx j" o L ur�tn.4vn,, Vr i Cz m r43 Prof Jj A Cie, Ayer!:��c, 55' \v Iby St -cc t Cen+cr))r)e 'X/ — — Car-pentier ;z -rG_v Street Sovf b 8,.o- lin-j-on, f �i 'IbL 3 t jo r � F dw y No Text �u111 II hill IIjL,1 111111111110 'kill NOW - ;9, -z ,34 t a A _ r � .: — -a ME IFFM EL 6 — a s, 'Awa 9113 - f o j IV I- Mr. J. Alex Poulin 2 Iby Street South Burlington, Dear i'zlr. Poulin: Myrrh 14, 1969 Vermont 0541 This is to notify V:ju that the South Burlington Board of 'Adjustment will hold a public hoaril-ig at the Office Building, 555 Dorset Street, -South Burlington, an LJedneaday. March 19, 1969 at 7:30 p.m. to consider request for a varience. Very truly YOUr:i, Richard R. !,,Jard Zoning Administrator Zoning Town Vermont your Hearing uate�, /�/'/WOAdvt. Date__2? Y'i _Advertise � 6 prior to meet in,-J South Burlington Zoning Board of Adjustment South Burlington, Vermont Gentlemen: 1 hereby appeal to the Zoning Board of Adjustment for the following variance. I understand that regular meeting dates are the first and third. Wednesdays of the month at 7.30 P.M. at the Town Office Buildijig. The legal advertisement shall appear as below, and I agree to pay, either now or before the ad appears, a fee of $30.00, which fe(, is to offset costs of holding said hearing. ignaturan --'ad i�6ss— Dal/ SOUTH 13URLINGTO14 ZONING NOTICE The South Burlington Zoning board of Adjustment will hold a. pul)lic I acaring at the Town Office Building, 555 Dorset Street, South ton, Vermont on ZL)-e� A�av - /-9 / at (day of weof�—) (month and date) to consider the following; Appeal of ------seeking a variai ct:- section /,.;;?o Inumber) (title of -s-e'— Lo South Burlington Zoning Ordinance. Request is for permission 0 A5, ZONING BOARD OF ADJUSTldi-,T TOWN OF SOUrPll BURLINGTOIN, VER1,101AT 555 DORSET STREET SOUTH BURLINGTON, VEIU4ONT Date D.Bar Citizen: Oa the reverse side of this sheet is a copy of a lc_gal notice t iat J.s to appear ix-i the BurlincT4-on Free Press ''.. Tie Board of Selectmen has instructed that this form be sent t.) adjacent property owners as a method of advising them of a p iblic hearing that could or coi--ild not affect their property. T.iis is not intended to mean that they are either in favor of o..- against the rfiquest, but is merely furnished for your inforina- t.onal purposes. Very trUlV YrAIrS, Zoning Administrator W,'h F OUTH BURLINGTON ZONING NOTICE he South Burlington Zoning Booed of Adjustment will hold a public hearing at the Town Office Building, 555 Dorset Street, South Burlington, Vermont on Wednes- day, March 19, 1969 at 7:30 p.m. to consider the following: Appeal of J. Alex Poulin seeking a variance from I Section 6.20, Lot Area Requirements, of the South Burlington Zoning Ordinance. Request is for permis- sion to construct an additional dwelling on a lot of land containing 8,400 square feet, the zoning re- quirernents being 15,000 square feet, located at 2 Iby Street. Albert I. Reynolds, Chairman Zoning Board of Adjusts*;