HomeMy WebLinkAboutCU-04-15 - Supplemental - 0190 Laurel Hill DriveCITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING
DEVELOPMENT REVIEW BOARD Report preparation date: December 15, 2004
\drb\misc\huyer\cond4ional_use.doc Application received: November 16, 2004
CONDITIONAL USE APPLICATION #CU-04-15
194 LAUREL HILL ROAD
Agenda #11 Meeting Date: December 21,2004
Owners/Applicants Property Information
Garret and Lisa Huyer Tax Parcel 1010-00194-R
194 Laurel Hill Drive Residential 4 (R4) Zoning District
So. Burlinaton, VT 05403
PROJECT DESCRIPTION
Garret & Lisa Huyer, hereafter referred to as the applicants, are seeking conditional use
approval under Section 14.10, Conditional Use Review, of the South Burlington Land
Development Regulations. The request is for permission to construct a 9' x 14' deck to
encroach nine (9) additional feet into the front yard for a total encroachment of 13 feet
into the required front setback, 194 Laurel Hill Road. The deck, for which permission is
being sought, has already been constructed.
COMMENTS
Associate Planner Brian Robertson and Administrative Officer Ray Belair, referred to
herein as Staff, have reviewed the plans submitted on November 16, 2004 and have the
following comments.
CONDITIONAL USE CRITERIA
Pursuant to Section 14.10(E) of the Land Development Regulations the proposed
conditional use shall meet the following standards:
1. The proposed use, in its location and operation, shall be consistent with the
planned character of the area as defined by the City of South Burlington
Comprehensive Plan.
Staff does not feel that the proposed addition is in conflict with the planned character of
the area, as defined by the Comprehensive Plan.
2. The proposed use shall conform to the stated purpose of the district in which
the proposed use is located.
According to Section 4.03(A) of the Land Development Regulations, the Residential 4
Zoning District is formed to encourage residential use at moderate densities that are
compatible with existing neighborhoods and undeveloped land adjacent to those
neighborhoods.
The proposed addition will not affect density in the neighborhood, so it is not in conflict
with the stated purpose of the R4 Zoning District. However, the Land Development
Regulations require that structures in the R4 Zoning District maintain a 30' setback,
which this project would be in conflict with.
3. The Development Review Board must find that the proposed uses will not
adversely affect the following:
(a) The capacity of existing or planned municipal or educational facilities.
The proposed addition will not adversely affect municipal services.
(b) The essential character of the neighborhood or district in which the
property is located, nor ability to develop adjacent property for appropriate
M
uses.
Staff feels that the proposed addition does create the potential to adversely affect the
character of the neighborhood. Currently, the existing dwellings on this streets share a
common setback that creates a neighborhood feel. An encroachment into this setback
will allow other dwelling units in this neighborhood to encroach into the established
setback, under Section 3.06(J) of the Land Development Regulations. The "domino
effect' that could result from the proposed project would adversely affect the character of
the neighborhood.
(c) Traffic on roads and highways in the vicinity.
The proposed addition will not affect traffic in the vicinity.
(d) Bylaws in effect.
The proposed addition is not in keeping with applicable regulations, specifically the front
yard setback requirements outlined in table C-2 of the Land Development Regulations.
(e) Utilization of renewable energy resources.
The proposed addition will not affect renewable energy resources.
(t) General public health and welfare.
The proposed addition will not have an adverse affect on general public welfare
Pursuant to Section 3.13(F) of the Land Development Regulations the proposed
conditional use shall meet the following standards:
The Development Review Board, in granting conditional use approval, may impose
conditions of the following:
1. Size and construction of structures, quantities of materials, storage locations,
handling of materials, and hours of operations.
Staff does not feel it is necessary to impose any of these conditions to the proposed
project.
2. Warning systems, fire controls, and other safeguards.
Staff does not feel it is necessary to impose any of these conditions to the proposed
project.
3. Provision for continuous monitoring and reporting.
Staff does not feel it is necessary to impose any of these conditions to the proposed
project.
4. Other restrictions as may be necessary to protect public health and safety.
K
Staff does not feel it is necessary to impose any of these conditions to the proposed
project.
Pursuant to Section 3.060)(3) of the Land Development Regulations the proposed
conditional use shall meet the following standards:
Encroachment of a structure into a required setback beyond the limitations set forth in
(a) and (b) 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;
The proposed addition will not have an undue adverse affect on the views of adjoining
properties.
(b) access to sunlight of adjoining and/or nearby properties;
The proposed addition will not have an undue adverse affect on the access of sunlight of
adjoining properties.
(c) adequate on -site parking; and
The proposed addition will not have an undue adverse affect on adequate on -site
parking.
(d) safety of adjoining and/or nearby property.
The proposed addition will not have an undue adverse affect on the safety of adjoining
properties.
SITE PLAN REVIEW STANDARDS
Pursuant to Sections 14.06 and 14.07 of the Land Development Regulations the
proposed conditional use shall meet the following standards:
(a) The site shall be planned to accomplish a desirable transition from structure
to site, from structure to structure, and to provide for adequate planting, safe
pedestrian movement and adequate parking areas.
The proposed project has been planned to accomplish a desirable transition from structure
to site and to provide for adequate planting and safe pedestrian movement. However, the
project's encroachment creates the potential for undesirable transitions amongst structures
along Laurel Hill Drive in the future.
El
(b) Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
The parking spaces on this property are at an acceptable location for a single-family
dwelling.
(c) Without restricting the permissible limits of the applicable zoning district, the
height and scale of each building shall be compatible with its site and
existing or adjoining buildings.
The height of the building is in compliance with the Land Development Regulations and
no changes are proposed.
(d) Newly installed utility services and service modifications necessitated by
exterior alterations or building expansions shall, to the extent feasible, be
underground.
The applicant is not proposing any additional utility lines.
(e) The DRB shall encourage the use of a combination of common materials and
architectural characteristics, landscaping, buffers, screens and visual
interruptions to create attractive transitions between buildings of different
architectural styles.
Staff does not feel that any additional architectural characteristics, landscaping, buffers,
screens, or visual interruptions are necessary for the proposed project.
(f) Proposed structures shall be related harmoniously to themselves, the terrain,
and to existing buildings and roads in the vicinity that have a visual
relationship to the proposed structures.
Staff does not feel that the proposed addition will relate harmoniously to existing buildings
in the area.
(g) The reservation of land may be required on any lot for provision of access to
abutting properties whenever such access is deemed necessary to reduce
curb cuts onto an arterial of collector street, to provide additional access for
emergency or other purposes, or to improve general access and circulation
in the area.
Staff does not feel it is necessary to require any additional access easements as part of the
proposed project.
(h) Electric, telephone and other wire -served utility lines and service connections
shall be underground. Any utility installations remaining above ground shall
be located so as to have a harmonious relation to neighboring properties and
to the site.
The applicant is not proposing any additional utility lines.
5
(i) All dumpsters and other facilities to handle solid waste, including compliance
with any recycling or other requirements, shall be accessible, secure and
properly screened with opaque fencing to ensure that trash and debris do not
escape the enclosure(s).
A dumpster is not part of the proposed project.
G) Landscaping and Screening Requirements
Pursuant to Table 13-9 of the Land Development Regulations, the proposed project will
require a minimum of $90 of landscaping. The applicant is proposing to plant $200 worth of
landscaping as part of this project.
RECOMMENDATION
Staff recommends that the Development Review Board deny Conditional Use application
#CU-04-15.
Respectfully submitted,
Brian Robertson, Associate Planner
Copy to: Garret and Lisa Huyer, applicants
AA
No Text
DEPARTMENT OF PLANNING & ZONING
575 BORSET STREET
SOUTH BURLINGTON, VERMONT 05403
(802) 846-4106
FAX (802) 846-4101
December 17, 2004
Garrett & Lisa Huyer
194 Laurel Hill Drive
South Burlington, VT 05403
Re: 194 Laurel Hill Drive
Dear Mr. Huyer:
Enclosed is the agenda for next Tuesday's Development Review Board meeting
and staff comments to the Board. Please be sure that someone is at the meeting
on Tuesday, December 21, 2004 at 7:30 p.m. at the City Hall Conference Room,
575 Dorset Street.
If you have any questions, please give us a call.
Sincerely,
r'
Betsy McDonough
Administrative Assistant
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NOTICE
CITY OF BURLINGTON
BOARD OF ABATEMENT OF
TAXES
The Board of Abatement of Taxes
of the City of Burlington will
meet in Contois Auditorium at
City Halt on Monday, December
6, 2004 at 7:00 p.m. to hear and
act upon the requests for abate-
ment of taxes and/or penalties
from:
ALyson Hoar
0 Oakledge Drive
056-2-004-001
Alyson Hoar
0 Oakledge Drive
056-2-004-002
The May Co./Filene's
Personal Property
134107
Mark & Robyn Yurcek
265 North Winooski Ave
039-4-006-000
Susan Hoxie
128 Cottage Grove
027-3-058-000
Nancy Marrier
160 Ethan Allen Parkway
029-2-079-000
Robert Quinn
11 Ctaire Pointe Road
021-2-061-011
Frank Haddleton
61 South Union Street
044-4-221-000
Herman Poklukar
20 Oak Beach Drive
056-4-045-920
Jon Chapple
PUBLIC HEARING
SOUTH BURLINGTON DEVEL-
OPMENT REVIEW BOARD
The South Burlington
Development Review Board will
hold a public hearing at the
South Burlington City Halt
Conference Room, 575 Dorset
Street, South Burlington,
Vermont on Tuesday, December
21, 2004, at 7:30 P.M. to con-
sider the following:
1. Final plat application #SD-
04-81 of Paul & Linda Effel to
subdivide a 0.57 acre lot devel-
oped with a single family
dwelling into two (2) lots of
0.26 acres (lot #1), and 0.31
acres (lot #2), 33 Barber Terrace.
2. Preliminary plat application
#SD-04-86 of Champlain Oil Co.
for a planned unit development
consisting of: 1) razing a 1775
sq ft convenience store and
service station building, and 2)
constructing a 2600 sq ft build-
ing for convenience store use
and short-order restaurant with
seating, 110 Kennedy Drive.
3. Final plat application #SD-
04-87 of Thomas E. Chase to
amend a previously approved
planned unit development con-
sisting of a 20,300 sq ft general
office building. The amendment
consists of site modifications to
adjust parking layout and add a
gravel path, 46 Bowdoin Street.
4. Application #CU-04-15 of
Garret & Lisa Huyer for condi-
tional use approval under
Section 14.10, Conditional Use
Review, of the South Burlington
Land Development Regulations.
Request is for permission to con-
struct a 9' x 14' deck to
encroach nine (9) additional feet
into the front yard for a total
encroachment of 13 feet into
the required front setback, 194
Laurel Hill Road.
Copies of the applications are
available for public inspection at
the South Burlington City Hall.
John Dinklage, Chairman
South Burlington Development
Review Board
December 1, 2004
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DEPARTMENT OF PLANNING & ZONING
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
(802) 846-4106
FAX (802) 846-4101
December 6, 2004
Dave & Kelly Philbrick
190 Laurel Hill Drive
South Burlington, VT 05403
Dear Property Owner:
Enclosed is a copy of a public notice published in Seven Days. It includes an
application for development on property located near your property. This is being
sent to you to make you aware that a public hearing is being held regarding the
proposed development.
If you would like to know more about the proposed development, you may call
this office at 846-4106, stop by during regular office hours, or attend the schedule
public hearing.
Sincerely,
Betsy McDonough
Administrative Assistant
Encl.
CITY OF SOUTH BIJRLINGTON
DEPARTMENT OF PLANNING & ZONING
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
(802) 846-4106
FAX (802) 846-4101
December 6, 2004
Tim and Heidi Hopper
198 Laurel Hill Drive
South Burlington, VT 05403
Dear Property Owner:
Enclosed is a copy of a public notice published in Seven Days. It includes an
application for development on property located near your property. This is being
sent to you to make you aware that a public hearing is being held regarding the
proposed development.
If you would like to know more about the proposed development, you may call
this office at 846-4106, stop by during regular office hours, or attend the schedule
public hearing.
Sincerely,
Betsy McDonough
Administrative Assistant
Encl.
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING & ZONING
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
(802) 846-4106
FAX (802) 846-4101
Permit Number_-�-�_
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 hearing.
Type of application check one:
( ) Appeal from decision of Administrator Officer (includes appeals from Notice of Violation)
(j Request. for a conditional use
( ) Request for a variance
( ) Other
PROVISION OF ZONING ORDINANCE IN QUESTION (IF ANY) 3, C l(r -4- J
WHAT ACTION OF THE ADMINISTRATIVE OFFICER ARE YOU APPEALING?
1) OWNER OF RECORD (Name as shown on deed, mailing address, phone and fax #)
u 4 L�SA Q- 8D2 -1�loS-ytoS3
LA,,),,?-c--L- t4iu-- b(Z
2) LOCATION OF LAST RECORDED DEED (Book and page #) V0 L 3 12 32-- 3 3
3) APPLICANT (Name, mailing address, phone and fax #) C Af g c--r H A, L t %A C, .
19y LAiKeL- IAVLL D2 So 8U1zL,1Nr—'brJyr- osqo3 t--44 8a2-96s-40S3
4) CONTACT PERSON (Name, mailing address, phone and fax #) G AexC-- r .+ L t SA PvuN G-i2—
l'1`i LPtti►KEL I-� ALL Dt2 Vic, ,?,y2t tiic. -z ti i/ i 0 s�o3 PN R��-$CoS-4U53
5) PROJECT STREET ADDRESS: ►9y t.A-u2EL- 1 iu-- op- so PupLlo(.iytj, r osg03
6) TAX PARCEL ID # (can be obtained at Assessor's Office) 1 OZ Co 3'j 0 0 D
k010 - 0ol9y, 9,
7) PROJECT DESCRIPTION
a) Existing Uses on Property (including description and size of each separate use) 5 i N 6L C. F A- ► l (.0 KC- s 1 f E* Ce'
b) Proposed Uses On property (include description and size of each new use and existing uses to remain)
S►0(GLC Ff1m ILU (tee�S ►bC-"4;E
c) Total building square footage on property (proposed buildings and existing buildings to remain)
5YiGn4G 19Zti, S9' INCL 5H6b 90,K bEGY. I'2oPoS6b 205q Sr yjCL FkW7- 6C-Cr,
d) Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement
and mezzanine) 6-'X.1 a T-)ruG} * PKC) Po S E-) Z S TDP- 1 W I-) w A-C.K C?u T 6A-S F ne-tj r
e) Number of residential units (if applicable, new units and existing units to remain) 1 - C-X IS no(. ktj ►b
T) (ZOpoS Ft)
f) Number of employees & company vehicles (existing and proposed, note office versus non -office employees)
g) Other (list any other information pertinent to this application not specifically requested above,
please note if Overlay Districts are applicable): t) o (-=
8) LOT COVERAGE
a) Building: Existing__ % Proposed 1 '�, % tN C L . S ►+C=b -'�- DECKS
b) Overall (building, parking, outside storage, etc)
Existing 2y % Proposed 24 % AiouC--PLUS 'bK►VC-Gjra-�
c) Front yard (along each street) Existing (r, % Proposed 2 Co %
(does not apply to residential uses)
9
9) COST ESTIMATES
a) Building (including interior renovations):
$ 20 000 - 3, 000
FRos`1r DEG 4-
#e r- i t-i t j (,
b) Landscaping: $ .Z00,10
A-b-Dt-noN A-L- 5kkkv8S
' N r-k-()tJ7 aF
bEGI-
c) Other site improvements (please list with cost): N o o &
10) ESTIMATED TRAFFIC
a) Average daily traffic for entire property (in and out): �A
b) A.M. Peak hour for entire property (in and out): ►��
c) P.M. Peak hour for entire property (In and out): tj
11) PEAK HOURS OF OPERATION:
12) PEAK DAYS OF OPERATION: +J I 1
13) ESTIMATED PROJECT COMPLETION DATE: b6C-C - �&C-6mgE,2 zcx-,q
PtR&-noGS - SP2iti1c, ZDOS
14) LIST ABUTTERS ( List names and addresses of all abutting property owners on a separate sheet
of paper). S 6E A-, r k4 eD
Abutting Property Owners
Conditional Use Application
194 Laurel Hill Drive, South Burlington VT
Dave and Kelly Philbrick
190 Laurel Hill Drive
South Burlington VT 05403
Tim and Heidi Hopper
198 Laurel Hill Drive
South Burlington VT 05403
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.
GNATURE OF'APMICANT
SIGNATURE OF PROPER7IY OWNER
Do not write below this line
DATE OF SUBMISSION:
REVIEW AUTHORITY: [ J Development Review Board ❑ Director, Planning & Zoning
I have reviewed this site plan application and find it to be:
2/complete /V ❑ Incomplete
of Planning & Zoning or Designee
MGF
He No. 131194LA
SITE PLAN --
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PLAN OF LOTS
U P E R S F G T f O N
A. lJ R L L H -LL L S E �,/ EL0 P s� � �' T
NO R M H STAR C O.R P
510. BURLING. TQ]11/ERiuIONT
L, L! c SEPT. 1961
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PORM 911 VERMONT WARRANTY DEED, REV. 8/89 y U r�iBNx .
J T.T8 NXP c Sr�cnco U. S. PAT. orrncc
w • �Sn f, .IUTUNO, VT 0370�
±�naur all Versun bq C11hEme Preoentn
4 at WE, ALEXANDER J. GUYETTE, JR. and BARBARA A. GUYETTE
Of South Burlington in the County of Chittenden
and State of Vermont Grantor s, in the consideration of
---------TEN AND MORE---------
paid to our full satisfaction by Dollars
Garret H. Huyer and Lisa C. Huyer
Of South Burlington in the County of Chittenden
and State of Vermont Grantees , by these presents, do
freely (6iut, brunt, Stll, (JanutV Aa (QaufU-W unto the said Grantee s
r:Nri _.— " —�• G.t H. Huyer and Lisa C. Huyer, husband
n' .and Me , as tenants by the entirety,
'-' i and their heirs and assigns 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 land and premises conveyed to the Grantors
herein, Alexander J. Guyette, Jr, and Barbara A. Guyette, by
Warranty Deed of Walter G. Bruska and Anne R. Bruska dated January
30, 1973 and recorded in Volume 108 at Page 417 of the Land
Records of the City of South Burlington, and more particularly
described as follows:
That lot of land located on the west side of Laurel Hill Drive,
together with dwelling house designated as No, 194 Laurel Hill
Drive and all other improvements thereon, said Lot being depicted
as Lot No, 131 on a Plan of the upper section of Laurel Hill
Development recorded in Volume 49 at Page 55 of the aforesaid Land
Records.
Said lot of land has a frontage on Laurel Hill Drive of 80.14
feet, a north line of 139,01 feet, a west or rear line of 80 feet
and a south line of 143,68 feet,
This conveyance is subject to Protective Covenants for Laurel Hill
Development recorded in Volume 48 at Page 255 of the aforesaid
Land Records and to a right-of-way for underground telephone
facilities recorded in Volume 48 at Page 199 of the aforesaid Land
Records,
Reference is herein made to the aforementioned instruments, the
records thereof and the references therein contained, all in
further aid of this description,
t
CITE' OF SOUTH BURLINGTON
'DEPARTMENT OF PLANNING AND ZONING
575 D®IZSET STREET
SOUTH BURLINGTON, VT 05403
(802)846-4106
June 29, 2005
Garret & Lisa Huyer
194 Laurel Hill Drive
South Burlington, VT 05403
Dear Property Owner:
Enclosed is a copy of a public notice published in Seven Days. It includes an
application for development on property located near your property. This is
being sent to you to make you aware that a public hearing is being held regarding
the proposed. development.
If you would like to know more about the proposed development, you may call
this office at 846-4106, stop by during regular office hours, or attend the schedule
public hearing.
Sincerely,
Betsy McDonough
Administrative Assistant
Encl.
CITY OF SOUTH B',F,-TRLINGTON
DEPARTMENT OF PLANNING AND ZONING
575 DORSET STREET
SOUTH BURLINGTON, VT 05403
(802)846-4io6
June 29, 2005
Dave & Kelly Philbrick
igo Laurel Hill Drive
South Burlington, VT 05403
Dear Property Owner:
Enclosed is a copy of a public notice published in Seven Days. It includes an
application for development on property located near your property. This is
being sent to you to make you aware that a public hearing is being held regarding
the proposed development.
If you would like to know more about the proposed development, you may call
this office at 846-4lo6, stop by during regular office hours, or attend the schedule
public hearing.
Sincerely,
Betsy MerLough
Administrative Assistant
Encl.
375 DORSET STREET
SOUTH BURLINGTON, VT 05403
- • 1:, 'r;
June 29, 2005
Tim & Heidi Hopper
198 Laurel Hill Drive
South Burlington, VT 05403
Dear Property Owner:
Enclosed is a copy of a public notice published. in Seven Days. It includes an
application for development on property located near your property. This is
being sent to you to make you aware that a public hearing is being held regarding
the proposed development.
If you would like to know more about the proposed development; you may call
this office at 846-4106, stop by during regular office hours, or attend the schedule
public hearing.
Sincerely,
r
Betsy McD nough -
Administrative Assistant
Encl.
Pl _ z�,� r�pf
LJ C aitL LtA�aoj"i dill-
,Jj� co-
CITY OF SOUTH ILsU_,RLI1'%TGT01N
DEPARTMEIk,IT OF PLANNING & ZONII`10
575 ]CORSET STREET
SOtTmu EURL1i,1GTONT, VER,MOI-T 05403
(802) 846-4106
FAX (802) 846-4101
Permit # A6 -_0-5-- 01
APPLICATION FOR THE DEVELOPMENT REVIEW BOARD
All information requested on this application must be completed in full. Failure to provide the
requested information either on this application form or on the site plan will result in your
application being rejected and a delay in the review before the Development Review Board.
I understand the presentation procedures required by State Law (Section 4468 of the Planning &
Development Act). Also that hearings are held twice a month. That a legal advertisement must
appear a minimum of fifteen (15) days prior to the hearing. I agree to pay a hearing fee which is
to off -set the cost of the hearing.
Type of application (check one):
Appeal from decision of the Administrative Officer (includes appeals from Notice of
Violation
( ) Request for a conditional use
( ) Request for a variance
( ) Other
PROVISION OF ZONING ORDINANCE IN QUESTION (IF ANY):
WHAT ACTION OF THE ADMINISTRATIVE OFFICER ARE YOU APPEALING ?
s "- . LJL c0 c,�- 4t-..
r-onk'-t'Lo�E- •�L-�a wo�il�0 ku conStdJ.lcc/ UAedacmp� I an-d LOCJL Q
W 1) ONER OF R CORD (Name as shown on deed, mailing address, phone & fax #):
CAA it R &'t L IS f1 PvH62. 8Uz-C7.s-y0S3 V1t LA+i.c n 6�
ION l Avt2&C I-f i c c DR-" So 6uR L V i aSY(0 rt_�S .
W Q, ae�{-cam
2) LOCATION OF LAST RECORDED DEED (book & page #) VDL �61Z _,p4 3Z-33 14\
�� i 66 W411
3) APPLICANT (name, mailing address, phone and fax #) 0-A_
SA-M E
4) CONTACT PERSON (person who will receive staff correspondence. Include name,
mailing address, phone & fax # if different from above):
SPne
5) PROJECT STREET ADDRESS: S AYYj E
6) TAX PARCEL ID #: 10 1(O3"7000� 0-00�q��L
7) PROJECT DESCRIPTION
A. Existing Uses on Property (including description and size of each separate
use):
B. Proposed Uses on Property (include description and size of each new use and
existing uses to remain): A
C. Total building square footage on property (proposed buildings & existing
building to remain):
Fc sn,.jc- I01L9 Sr j Nc- sµe.D � 2C-A-2 DE-Cl
-I- jo"Pos o
D. Height of building & number of floors (proposed buildings and existing
buildings to remain, specify if basement & mezzanine):
cctKlsnjca � P,_6j>0S 0 -- 2 STbK_!j A-AJV uA-t,,r 0,.r, /9AC6ftC-^iT_
E. Number of residential Units (if applicable, new units & existing units to
remain): 1.
F. Number of employees & com ny vehicles (existing & proposed, note office
vs. non -office employees): M Ot
G. Other (list any other information pertinent to this application not specifically
requested above, please note if overlay districts are applicable):
8) LOT COVERAGE
A. Total parcel size: ' Z(o t.
B. Buildings: Existing 7 % / 30 2-4-Sq. Ft
Proposed 11 % / 302y Sq. Ft.
C. Overall impervious coverage (building, parking, outside storage, etc)
Existing Z,-I % / Sq. Ft.
Proposed -z tj % / Sq. Ft.
D. Total area to be disturbed during construction: 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): $ N i r�-
B. Landscaping $
14`h_bi-nb-0Nt- Sk*-"&S +- PEA-A1*nw1cS
C. Other site improvements (please list with cost):
10) ESTIMATED TRAFFIC:
A. Average daily traffic for entire property (in and out):
B. A. M. Peak hour for entire property (in and out).-
C. P.M. Peak hour for entire property (in and out):
11) PEAK HOURS OF OPERATION
12) PEAK DAYS OF OPERATION
0 k
13) ESTIMATED PROJECT COMPLETION DATE J u&JG zabS"
14) LIST ABUTTING PROPERTY OWNERS: (list names and address of all abutting
property owners, including those across any street or right-of-way. You may use a
separate sheet of paper if necessary):
sc=c kT- -f k+c D
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.
SIGNATURE OF PLICANT
C
SIGNATURE OF PR ERTY OWNER
Do not write below this line
DATE OF SUBMISSION: al
REVIEW AUTHORITY: Development Review Board
❑ Director, Planning & Zoning
I have reviewed this application and find it to be:
of COMPLUE ❑ Incomplete
Planrfing & Zoning or Designee ate
EXHIBIT A
SITE PLAN
The following information must be shown on the plans. Please submit five (5) copies and one reduced
copy (11" x 17") of the plan. Failure to provide the following information will result in your application
being rejected and a delay in the review before the Development Review Board.
o Lot drawn to scale (20 feet scale if possible).
o Survey data (distance and acreage).
o Contours (existing and finished).
o Proposed landscaping schedule (number, variety, and size) as required in Section 13.06(G) of the
Land Development Regulations.
o Location of streets, abutting properties, fire hydrants, existing buildings, existing landscaping.
o Existing and proposed curb cuts, pavement, walkways.
o Zoning boundaries.
o Number and location of parking spaces (as required under Section 13.01(b) of the Land
Development Regulations).
o Number and location of handicapped spaces (as required under Section 13.01(I) of the Land
Development Regulations).
o Location of septic tanks (if applicable).
o Location of any easements.
o Lot coverage information: Building footprint, total lot, and front yard.
o North arrow.
o Name of person or firm preparing site plan and date.
o Exterior lighting details (cut sheets). All lights should be down casting and shielded.
o Dumpster locations (dumpsters must be screened).
o Bicycle rack as required under Section 13.01(G)(5) of the Land Development Regulations.
o If restaurant is proposed, provide number of seats and square footage of floor area provided for
patron use but not containing fixed seats.
APPLICATION FEE
Appeal of Administrative Officer $ 110.00*
❑ Conditional Use $ 135.00*
❑ Miscellaneous $ 85.00*
❑ Variance $ 135.00*
*includes $10.00 recording fee
Abutting Property Owners
Conditional Use Application
194 Laurel Hill Drive, South Burlington VT
Dave and Kelly Philbrick
190 Laurel Hill Drive
South Burlington VT 05403
Tim and Heidi Hopper
198 Laurel Hill Drive
South Burlington VT 05403
No Text
MGF
File No. 131 19,4L A
SITE PLAN
aorrower or owner Garret and Lisa Huver
IEN DAYS
!hide of a registered
3 has transferred the
n from the vehicle
accumulated unpaid
a newly acquired vehi-
!hide which had accu-
se unpaid tickets even
er has obtained a new
n for the vehicle.]
to owner. Notice to
of an impounded
all be provided as set
action 20-74 (b). [The
Mice or his duly
I representative shall
certified mail, return
luested, the registered
:he vehicle or a holder
ity interest therein, if
:y can be readily ascer-
thin five (5) business
e storage of a vehicle
o subsection (a) of
m.]
otice referred to in
i (b) shall be tendered
)rescribed and provid-
chief of police and
ibe the year, make,
serial number of the
icLe; the storage loca-
:h vehicle; and the
its of release as set
!ction 20-73, and a
:he right to reclaim
:le within ninety (90)
the date of the mail -
notice. The notice
ate that failure to
e vehicle within the
ded shall be deemed
all right, title and
such vehicle to the
•Hngton. Upon the
:he registered owner of
or a holder of a
terest therein to
e vehicle within the
ribed the Burlington
artment may dispose
/ehicle in the manner
ovided, however, that
ied vehicle shall be
)r a period longer than
ed twenty (120) days.]
its 8th day of June
ie Board of Public
imissioners:
m Baldwin, P.E.
)irector - Technical
/8/2005; Published
_ffective 7/20/05
i [Brackets] delete.
ndertined add.
URLINGTON
TGULATIONS
ing traffic regulations
enacted by the Public
emission as amend-
lppendix C, Motor
ind the City of
(s Code of Ordinances:
(12) [In the space immediately
north of College Street on the
west side of South Union Street
for a distance of 100 feet,
between 8:00 a.m. and 6:00
p.m., Monday through Friday.]
Reserved.
(13) [In the space between the
driveways in front of 116 Main
Street.] Reserved,
(14) In the 50-foot space next
westerly of South Union Street,
on the north side of College
Street for a maximum time limit
of 30 minutes.
(15) As Written
(16) In the first space east of
Church Street on the north side
of Main Street for a maximum
time limit of 30 minutes.
(17) through (20) As written
(21) [In the two (2) spaces in
front of 260 College Street.]
Reserved.
(22) [The parking space in front
of 96 College Street.] Reserved.
(23) [On the north side of King
Street in the first space west of
St. Paul Street.] Reserved.
(24) through (28) As Written
(29) [In the space in front of 47
Maple Street, and for no more
than thirty (30) minutes.]
Reserved.
(30) [In the two (2) spaces
north of College Street on the
west side of South Union Street,
from 8:00 a.m. to 6:00 p.m.,
Monday through Friday, for a
maximum time limit of fifteen
(15) minutes.] Reserved,
(31) In the two (2) spaces in
front of 79 College Street for a
maximum time limit of 30 min-
utes.
(32) [In the space in front of 10
East Avenue.] Reserved.
(33) In the space in front of 9-
11 Center Street.] Reserved.
(34) through (35) As Written
(36) [In the space in front of
164 St. Paul Street, during the
hours of 7:00 a.m, to 6:00 p.m.,
Monday through Friday.]
Reserved.
(37) through (39). As Written
(40) [The fourth space north of
Main Street on the west side of
South Union Street.] Reserved.
(41) [Provide a loading zone 40
feet in length on the south side
of Maple Street across the street
from 390 Maple Street.]
Reserved.
(42) As Written
(43) On the south side of Pearl
Street in the first space west of
Church Street for a maximum
time limit of 30 minutes.
(44) through (45) As Written
(46) [On the north side of Main
Street immediately west of the
existing handicapped space in
front of 250 Main Street.]
Reserved.
(3) The city -owned parking
garage located at 27 Cherry
Street, known as Lakeview
Parking Garage.
Adopted this 8th day of June
2005 by the Board of Public
Works Commissioners:
Attest Norm Baldwin, P.E.
Assistant Director- Technical
Services
Adopted 6/08/2005; Published
6/29/05; Effective 7/20/05
Material in [Brackets] delete.
Material underlined add.
CITY OF BURLINGTON
TRAFFIC REGULATIONS
The following traffic regulations
are hereby enacted by the Public
Works Commission as amend-
ments to Appendix C, Motor
Vehicles, and the City of
Burlington's Code of Ordinances:
Sec. 19. Parking rates.
(a)Parking meter spaces may be
occupied for periods indicated
by depositing the following
sums:
(1) through (7) As Written
(b) The rate of charge for park-
ing in metered city tots shall be
as follows: (1) through (7) As
Written
(8) [Reserved] College Street
Parking Garage: First two (2)
hours free; $0.75 per 1/2 hour
after two hours; maximum daily
rates of $5 50 $70.00 and
$80.00 monthly leases. Limited
Early Bird parking at $3.00 per
day..
(9) [Reserved] Lakeview Parking
Garage: First two (2) hours free:
$0.75 per 1/2 hour after two
hours: maximum daily rate of
S5.50. $70.00 and $80.00
monthly teases.
(10) [Reserved.] Marketplace
Parking Garage: First two (2)
hours free: $0.75 per 1/2 hour
after two hours: maximum daily
rate of $5,50. $70.00 and
180.00 monthly leases
(11) [Marketplace Parking
Garage: Twenty-five cents
($0.25) per half-hour up to the
fourth hour, fifty cents ($.50)
per half-hour from the fourth
hour up to the maximum of five
dollars ($5.00) per day; fifty
dollars ($50.00) per month.
Reserved,
(12) [Marketplace Parking Garage
between 6;00 p.m. and 9:00
a.m., fifteen dollars ($15.00)
per month. Reserved.
(13) [Municipal Parking Garage,
if entered between 7:00 a.m.
and 9:30 a.m., one dollar and
seventy-five cents ($1.75) per
day when available parking
space is anticipated.] Reserved.
(14) through (15) As Written
(16) [Marketplace Parking
Garage, sixty dollars ($60.00)
PUBLIC HEARING
SOUTH BURLINGTON DEVELOP-
MENT REVIEW BOARD
The South Burlington
Development Review Board will
hold a public hearing at the
South Burlington City Hall
Conference Room, 575 Dorset
Street, South Burlington,
Vermont on Tuesday, July 19,
2005, at 7:30 P.M. to consider
the following:
1. Final plat application #SD-05-
50 of The Snyder Companies to
amend a planned unit develop-
ment consisting of 31 single
family dwellings and one (1)
existing single family dwelling
on 26.8 acres. The amendment
consists of landscaping revisions
and driveway relocations, 1700
Spear Street.
2. Appeal #AO-05-01 of Garrett
& Lisa Huyer appealing Notice of
Violation #NV-05-06 for ittegaL
deck, 194 Laurel Hill Drive.
3. Final plat application #SD-05-
51 of Randall Hart. Request is
for: 1) three (3) 1,061 sq. ft.
footprint lots and 2) one (1)
36,510 sq. ft. lot, 253 Shunpike
Road.
4. Application #CU-05-12 of
Beverly Amblo for Conditional
Use Approval under Section
14.10, Conditional Use Review,
of the South Burlington Land
Development Regulations.
Request is for permission to add
an accessory residential unit, 23
Butter Drive.
Copies of the applications are
available for public inspection at
the South Burlington City Halt.
John Dinktage, Chairman
South Burlington Development
Review Board
June 29, 2005
STATE OF VERMONT
RUTLAND SUPERIOR COURT
RUTLAND COUNTY, SS.
DOCKET NO. 319-5-05 Rdcv
Citifinancial, Inc.,
Plaintiff
Jeffrey Machain, Citifinancial,
Inc.
Leaann Johnson, State of
Vermont,
Office of Child Support And
Occupants
residing at 48 Baxter Street,
Rutland, Vermont,
Defendant
believe that you have a
Counterclaim against the plain-
tiff, you may wish to consult an
attorney. If you feel that you
cannot afford to pay an attor-
ney's fee, you may ask the clerk
of the Court for information
about places where you may
seek legal assistance.
Plaintiffs action is a Complaint
in Foreclosure which alleges that
you have breached the terms of
a Promissory Note and Mortgage
Deed dated February 4, 2002.
Plaintiffs action may effect your
interest in the property
described in the Land Records of
the City of Rutland at Volume
427, Page 571. The Complaint
also seeks relief on the
Promissory Note executed by
you. A copy of the Complaint is
on file and may be obtained at
the Office of the Clerk of the
Superior Court for the County of
Rutland, State of Vermont.
It appearing from Affidavit duty
filed in the above entitled
action that service cannot be
made with due diligence by any
of the methods prescribed in
V.R.C.P. 4(d) through (f) inclu-
sive, it is hereby ORDERED that
service of the above process
shall be made upon defendant,
Jeffrey Machain, by publication
pursuant to V.R.C.P. 4(g). This
Order shall be published once a
week for three consecutive
weeks on June 30, 2005, July 7,
2005 and July 14, 2005 in Seven
Days. A copy of this Order shall
be made to defendants at their
address if their address is
known.
Dated at Rutland, Vermont this
21st day of June, 2005.
Hon. William Cohen
Presiding Judge
Rutland Superior Court
512-05Summons & Order
► support groups
DON'T SEE A SUPPORT group
here that meets your needs? Call
Vermont 211, a program of
United Ways of Vermont. Within
Vermont, 866-652-4636 (toLL-
free) or from outside of Vermont,
802-652-4636. Monday -Friday,
8:30 a.m. - 4:30 p.m.
ANXIETY AND DEPRESSION
SUPPORT GROUP: Daily except
Sundays, 1-2 p.m. Focus is on
mutual support and coping skills.
300 Flynn Ave. Info, 865-6138.
WOMEN'S EMOTIONS ANONY-
MOUS GROUP: Fridays, 6-7 p.m.
at the Boys & Girls Club, 62 Oak
St., Burlington. Info, 899-4906.
MALE SUPPORT GROUP: For
men who have survived sexual
violence. This group will provide
a safe, encouraging space for
CITY OF SOUTH BURL INGTON
DEPARTMENT OF PLANNING & ZONING
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
(802) 846-4106
FAX (802) 846-4101
May 5, 2005
Garret & Lisa Huyer
194 Laurel Hill Drive
South Burlington, VT 05403
Re: Minutes
Dear Mr. & Mrs. Huyer:
Enclosed, please find a copy of the minutes from the April 5, 2005 Development
Review Board meeting..
If you have any questions, feel free to contact me
Sincerely,
)J
Betsy MeD, onough
Administrative Assistant
Encl.
) VJ3�a �,'- U-
DEVELOPMENT REVIEW BOARD
5 APRIL 2005
The South Burlington Development Review Board held a regular meeting on
Tuesday, 5 April 2005, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset
St.
Members Present: J. Dinklage, Chair; L. Kupferman, G. Quimby, M. Boucher
Also Present: R. Belair, Administrative Officer; B. Robertson, Associate Planner, R. &
R. Cassidy, G. Huyer, P. Smichenko, C. Boyer, F. Essien, L. Bresee, B. Precourt, D.
Hogan, A. Parent, Channel 17
1. Other Business:
A. Mr. Belair noted that the applicant for Item #4 had asked for a continuance
as he needs more time.
Mr. Boucher moved to continue Application #VR-04-02 of George Hubbard until 3 May
2005. Ms. Quimby seconded. Motion passed unanimously.
B. Mr. Belair also noted that the applicant for Item #6 had withdrawn the
application.
2. Review Minutes of 8 February, 15 February, 10 March and 15 March:
The minutes of 8 and 15 February could not be acted upon as there was not a quorum of
those present at those meetings.
Mr. Kupferman moved to approve the Minutes of 10 and 15 March as written. Ms.
Quimby seconded. Motion passed unanimously.
0Continued Public Nearing: Application #CU-04-15 of Garret & Lisa Huyer for
conditional use approval under Section 14.10, Conditional Use Review, of the South
Burlington Land Development Regulations. Request is for permission to construct a
9'x14' deck to encroach nine additional feet into the front yard for a total
encroachment of 13 feet into the required front setback, 194 Laurel Dill Drive:
Mr. Huyer gave members a new proposal. He said the doorway can't be switched
because you would then have to walk around the door to turn on the light switches.
-1-
DEVELOPMENT REVIEW BOARD
5 APRIL 2005
Mr. Dinklage noted this deck has already been built. He also said he had driven by the
property and felt what was built was quite a departure from what the neighbors have, and
he was not convinced of its necessity.
Mr. Kupferman said staff hadn't had a chance to review the new proposal, and he wasn't
sure it was a suitable response to the Board's concerns.
Mr. Huyer felt the encroachment was only 2 additional feet. Mr. Dinklage explained how
the city calculates the encroachment from the platform. Mr. Belair added this is 2 feet
beyond what is allowed. UP to 5 feet is exempt from the setback. This is a total of 7 feet.
Mr. Dinklage suggested making the deck as wide as they need with stairs along the front
of the house instead of into the setback.
Mr. Huyer felt there were others in the Orchards that were built similar to what he built
Mr. Boucher then moved to approve Application #CU-04-15 of Garret & Lisa Huyer
subject to the stipulations in the draft motion. Ms. Quimby seconded. Motion failed 0-4.
4. Continued Public Hearing: Site Plan Application #SP-05-01 of Friendly Ice
Cream Corp. to amend a previously approved Ian for a 4,571 sq. ft. restaurant. The
amendment consists of revising the landscaping plan, 1184 Shelburne Road:
The applicant was not present, and Mr. Belair indicated he had had no input from them.
He suggested denying the application as they were at the end of the 45-day period.
Mr. Boucher moved to approve Site Plan Application #SP-05-01 of Friendly Ice Cream
Corp. subject to the stipulations in the draft motion. Ms. Quimby seconded. Motion
failed 0-4.
5. Public Hearing: Preliminary Plat Application #SD-05-19 of IDX Systems Corp. to
amend a previously approved planned unit development consisting of a 233,133 sq.
ft. general office building. The amendment consists of Phase I1 to include: 1) adding
three floors to the west wing building containing 87,234 sq ft of general office use,
and constructing 179 new surface parking spaces at 40 IDX Dr., and 2) demolishing
an existing 14,389 sq. ft. building, off -site parking approval and constructing new
126 space parking lot at 35 Green Mountain Drive. Phase III to include:
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING & ZONING
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
(802) 846-4106
FAX (802) 846-4101
April 1, 2005
Garret & Lisa Huyer
194 Laurel Hill Drive
South Burlington, VT 05403
Re: 194 Laurel Hill Drive
Dear Mr. & Mrs. Huyer:
Enclosed is the agenda for next Tuesday's Development Review Board meeting
and staff comments to the Board. Please be sure that someone is at the meeting
on Tuesday, April 5, 2005 at 7:30 p.m. at the City Hall Conference Room, 575
Dorset Street.
If you have any questions, please give us a call.
Sincerely,
Betsy McDonough
Administrative Assistant
Encl.
CITY OF SOUTH BURLINGTON
DEPARTMENT OF ]PLANNING & ZONING
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
(802) 846-4106
FAX (802) 846-4101
April 8, 2005
Garret & Lisa Huyer
194 Laurel Hill Drive
South Burlington, VT 05403
Re: Conditional Use Application #CU-04-15
Dear Mr. & Mrs. Huyer:
Enclosed, please find a copy of the decision regarding the above referenced
project dated April 8, 2005.
If you have any questions, please contact me.
Sincerely,
Betsy McDonough, Administrative Assistant
Encl.
Certified Mail- Return Receipt Requested - #7003 3110 0001 3598 52o6
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING & ZONING
575 1,ORSET STREET
SOUTH BURLINGTON, VERMONT 05403
(802) 846-4106
FAX (802) 846-4101
To: South Burlington Development Review Board
From: Brian Robertson, Associate Planner
Date: April 1, 2005
Agenda #3, CU-04-15, Garret and Lisa Huyer
Staff has not received any additional information for this project since the original
meeting. If no additional information is submitted by the meeting on April 5, 2005, staff
recommends denying this application.
Agenda #4, VR-04-02, George Hubbard
The applicant has requested a continuation of this application to a future date. Staff
suggests that the Development Review Board continue this application to the May 3,
2005 meeting.
Agenda #5, SP-05-01, Friendly Ice Cream Corporation
Staff has not received any additional information for this project since the original
meeting. If no additional information is submitted by the meeting on April 5, 2005, staff
recommends denying this application.
Agenda #6, SD-04-61 and SD-04-64, Spencer Terminal Holdings
Staff has been in contact with the applicant regarding this project, and it appears that
the applicant will be withdrawing its request for reconsideration of the original approval.
Enclosed is a confidential letter from the City Attorney regarding this request for
reconsiderations
CITY OF SOUTH BURLING'ION
DEPARTMENT OF FLANNENTG & ZONING
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
(802) 846-4106
FAX (802) 846-4101
January 19, 2005
Garret & Lisa Huyer
194 Laurel Hill Drive
South Burlington, VT 05403
Re: Minutes
Dear Mr. & Mrs. Huyer:
Enclosed, please find a copy of the minutes from the December 21, 2004
Development Review Board meeting.
If you have any questions, feel free to contact me.
Sincerely,
1 � c
Betsy McDonough
Administrative Assistant
Encl.
) 4,u� 7�u
DEVELOPMENT REVIEW BOARD
21 DECEMBER 2004
No other issues were raised.
Mr. Boucher moved to approve Final Plat Application #SD-04-87 of Thomas E. Chase
subject to the stipulations in the draft motion. Mr. Farley seconded. Motion passed
unanimously.
�9 Public Hearing: Application #CU-04-15 of Garret & Lisa Huyer for
conditional use approval under Section 14.10, Conditional Use Review, of the
South Burlington Land Development Regulations. Request is for permission
to construct a 9'x14' deck to encroach nine additional feet into the front yard
for a total encroachment of 13 feet into the required front setback, 194
Laurel Hill Drive:
Ms. Huyer said there was a previously existing 7 ft. step, so they are requesting an
additional 2 feet. This was at the entrance to the front door. She said the neighbors have
no problem with their request.
Mr. Dinklage asked why they need a front deck when they already have a back deck. Ms.
Huyer said they need it for an entrance. With the steps, they couldn't open the front door
and not be knocked off the step. She noted there are similar decks on adjoining streets.
Almost all of those are in violation of setbacks.
Mr. Belair said it is a question of starting a "domino effect" with the houses on either
side.
Mr. Huyer said the deck would be only 18 inches off the ground. Ms. Huyer added that
they meet all the requirements for exceptions. Every house in the neighborhood is a
different design. Mr. Belair said this could become an addition to the house, even though
they aren't proposing it. He said a stone patio would be acceptable. Ms. Huyer said they
would have no problem with a stipulation that it not be enclosed. Mr. Dinklage said that
stipulation wouldn't constrain the neighbors.
Mr. Kupferman felt the Huyers should be allowed to re-establish their entrance. Mr.
Dinklage suggested having stairs run sideways so they don't go into the setback. He
suggested a 5 ft. wide walkway with stairs down to the driveway. He felt that was more
in keeping with the spirit of the original grandfathered "stoop." Most members were
comfortable with 5 feet. Mr. Bolton said he would support 7 feet.
Members asked the Huyers to come back with a plan. Mr. Huyer said he thought he
would just do a patio with a step.
Mr. Boucher moved to continue Application #CU-04-15 of Garret & Lisa Huyer until 5
April 2005. Mr. Farley seconded. Motion passed unanimously.