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
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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)
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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
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STEPHEN R. PUTNAM, BY LUCIA R.
PUTNAM, HIS ATTORNEY -IN -FACT
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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*;