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Home My WebLink AboutMS-07-01 - Supplemental - 0229 Laurel Hill DriveCITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD \drb\misc\tessier\misc.doc Agenda # 9 Owner/Applicant Brian R. Tessier 229 Laurel Hill Drive So. Burlington, VT 0.5403 Location Map DEPARTMENT OF PLANNING & ZONING Report preparation date: February 13, 2007 Plans received: February 7, 2007 MISCELLANEOUS APPLICATION #MS-07-01 TESSIER- 229 LA UREL HILL DRIVE date: February 20, 2007 Property Information Tax Parcel 1010-00229 Residential 4 (R4) Zoning District CITY OF SOUTH BURLINGTON 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\misc\tessierltessier doc PROJECT DESCRIPTION Brian R. Tessier, hereafter referred to as the applicant, is seeking miscellaneous approval to construct an 8' x 10' open porch to project 9.5 feet into the front setback, 229 Laurel Hill Drive. The proposed porch has already been constructed. This application is to correct the zoning violation. COMMENTS Associate Planner Cathyann LaRose, and Administrative Officer Ray Belair, referred to herein as Staff, have reviewed the plans submitted on February 7, 2007 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 porch 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 uses. Staff does not find that the proposed porch will adversely affect the character of the CITY OF SOUTH BURLINGTON 3 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\m isc\tessier\tessier.doc neighborhood. Currently, the existing dwelling projects 9.5 feet into the setback. The existing home is an L-shape and the proposed porch is flush with the small section of that `L'. The proposed porch does not project any further than the existing dwelling already does. An encroachment into this setback will not allow other dwelling units in this neighborhood to further encroach into the established setback and would not 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. Staff recommends that the Board approve a front setback waiver to the applicable regulations, specifically the front yard setback requirements outlined in table C-2 of the Land Development Regulations. 1. The Development Review Board grants a front setback waiver of 9.5 feet. (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 3.06(J)(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. CITY OF SOUTH BURLINGTON 4 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING _ \drb\misc\tessier\tessier.doc (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. RECOMMENDA TION Staff recommends that the Development Review Board approve Miscellaneous application #MS- 07-01, subject to the conditional items above. Respectfully submitted, Cathyarin ' aRose, Associate Planner Copy to: Brian R. Tessier, applicant ,� SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD 20 FEBRUARY 2007� Mr. McClellan said they can provide handicapped spaces underneath the building. He did agree that there are no ramps provided. This will have to be fleshed out to meet regulations. Mr. Belair noted the draft decision requires a detailed phasing plan. Mr. Behr said he would like to see pedestrian circulation for use of the clubhouse amenity. Ms. Quimby asked if elevators will be able to hold a stretcher. Mr. McClellan said that is a requirement. Ms. Quimby also questioned fire vehicle access around the building. Ms. LaRose said the Chief has the plans but hasn't commented yet. He is also working with the Water Department on location of on -site hydrants. Mr. Bean noted there had been talk of a Master Plan for this site, and it was requested that the applicant submit one. He asked whether this has been done. Mr. Behr said at an initial hearing there was a general Master Plan with an overview of how the applicant would meet density. Mr. Belair said there was no condition requiring a Master Plan. Mr. Bean said it is disturbing to see this piecemeal. In light of the previous questions about a congregate care facility, Ms. LaRose asked John Larkin to describe what this means. Mr. Larkin said there are various levels. At "level 4," there is no age limit and there are fewer services provided. Ms. Dooley asked for the City Attorney's opinion regarding meeting the "congregate care" standard and whether this is something that a developer can just "self -certify" to. Mr. Behr asked the applicant to come in at Final Plat with some indication of what will be in the congregate housing to make it qualify as congregate housing. The approval motion was amended to strike the words "narrative or" from Stipulation #17. Ms. Quimby moved to approve Preliminary Plat Application #SD-07-10 of Cupola Golf Course, Inc., subject to the stipulations in the draft motion. Mr. Farley seconded. Motion passed unanimously. 8. Miscellaneous Application #MS-07-01 of Brian Tessier to construct an 8'x10' �r Open Porch to project 9.5 feet into the front setback, 229 Laurel Hill Drive: The applicant was not present. SOUTH ARLINGTON DEVELOPMENT REVIEW BOARD 20 FEBRUARY 2007 Ms. LaRose noted that the porch was building into the setback without a permit. She noted there is an exception rule that allows the Board to approve this for houses built prior to 1974. This house fits that qualification. Ms. Quimby moved to approve Miscellaneous Application #MS-07-01 of Brian Tessier subject to the stipulations in the draft motion. Mr. Farley seconded. Motion passed unanimously. 9. Sketch Plan Application #SD-07-08 of Verizon New England for a planned unit development to amend a previously approved plan for a 72,000 sq. ft. general office building. The amendment consists of installing a 48 sq. ft. concrete pad and a 144 sq. ft. concrete pad to install two metal utility cabinets, 55 Community Drive: Ms. Farnham explained that they have been looking for a site for a "cross box" and future cabinet. This location is next to a manhole on Community Drive. The installations will be as far back as possible without taking down trees. They will screen their equipment. Mr. Belair said staff typically asks for evergreens. Ms. Farnham said what they propose is what the complex wanted to match the other trees. Mr. Belair said he would check with the Arborist. No other issues were raised. 10. Continued Sketch Plan Application #SD-06-104 of Bill Dailey for a subdivision of an 11.62 acre parcel into five lots ranging in size from 1.07 acres to 6.05 acres, 1500 Dorset Street: Mr. Dailey said he removed the previously showed drive from the wetland and wetland buffer. The other drive is in the wetland buffer by 170 feet. They will not remove the drive to the Schmucker house but will utilize and widen it. This change results in one fewer buildable lot. They are requesting a reduction in the wetland buffer from 50 feet to 25 feet. They will delineate the buffer with cedar and split rail fencing. The wetland consultant didn't find the wetland significant. They will include in the deeds a prohibition against herbicides and pesticides. The impact on the wetland will be less than 3000 sq. ft. Mr. Dailey said the neighbors asked if the cul de sac could be smaller. Bruce Hoar said he would consider it. There are some mature trees they would like to save, and think they can save some of them. There would be only one-way traffic around the cul de sac. Ms. LaRose reminded the applicant that they would also have to get a fire truck around the cul de sac. Mr. Dailey said Mr. Hoar wanted enough of an easement in case the cul de sac would have to be enlarged in the future. -5- SOUTH BURLINGTON PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802)846-4io6 April 11, 2007 Brian Tessier 229 Laurel Hill Drive South Burlington, VT 05403 Re: 229 Laurel Hill Drive Dear Mr. Tessier: For your records, enclosed is a copy of the approved minutes from the February 20, 2007 Development Review Board meeting. If you have any questions, feel free to contact me. Sincerely, ?e�q �opt Betsy McDonoug Planning & Zoning Assistant Encl. CITY OF SOUTH BURLINGTON DI PAWMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONl' 05403 (802) 846-4106 FAX (802) 846-4101 February 21, 2007 Brian R. Tessier 229 Laurel Hill Drive South Burlington, VT 05403 Re: Miscellaneous Application #MS-07-01 Dear Mr. Tessier: Enclosed, please find a copy of the Findings of Fact and Decision rendered on February 20, 2007. Please note the conditions approval including that you must obtain a zoning permit within six (6) months. If you have any questions, please contact me. Sincerely, r' Betsy cDonough Planning & Zoning Assistant Encl. CERTIFIED MAIL: 7005 3110 0004 4484 7668 Zz�I L�i+rz�L H/G L Dom., l�ccraSS 7 /QKc n rum Z 2i L "A,de=l /,Y/« 5. J ,�,aZ-/A2dr T IJ 5011011 v -f,-)A k-�) 0.h Ct MY9NA M/Ae:orj E- -D►2 i U E — — 1 i CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & 'ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMOMI' 05403 (802) 846-4106 FAX (802) 846-4101 February 16, 2007 Brian Tessier 229 Laurel Hill Drive South Burlington, VT 05403 Re: 229 Laurel Hill Drive Dear Mr. Tessier: 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 February 20, 2007 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, u I� t Betsy McDonough Planning & Zoning Assistant Encl. } CITY OF SOUTH BURLINGTON DEPARTtYIENT OF PLANi'y.1AAG AND ZONINC 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802)846-4106 February 12, 2007 William H. & Mildred T. hill 231 Laurel Hill Drive South Burlington, VT 05403 Dear Property Owner: Enclosed is a copy of the draft agenda (please check our website www.sburl.com for the official agenda, posted the Friday before the meeting) for the February 20, 2007 Development Review Board meeting. It includes a proposal that abuts property you own. Under Title 24, Section 4471 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval to the Vermont Environmental Court. State law specifies that "Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." 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 scheduled public meeting. Sincerely, Betsy McDonough Planning & Zoning Assistant Encl. 1 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802)846-4106 February 9, 2007 Brian Tessier 229 Laurel Hill Drive South Burlington, VT 05403 Dear Property Owner: Enclosed is a draft agenda for the February 20, 2007 Development Review Board Meeting. It includes an application for development on your property. This is being sent to you and the abutting property owners to make aware that a public meeting is being held regarding the proposed development. Under Title 24, Section 4471 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval to the Vermont Environmental Court. State law specifies that "Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." 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 scheduled public meeting. Sincerely, Betsy McDonough Planning & Zoning Assistant Encl. 1 1 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802)846-4106 February 9, 2007 Bill & Jill Hill 231 Laurel Hill Drive South Burlington, VT 05403 Dear Property Owner: Enclosed is a copy of the draft agenda (please check our website www.sburl.com for the official agenda, posted the Friday before the meeting) for the February 20, 2007 Development Review Board meeting. It includes a proposal that abuts property you own. Under Title 24, Section 4471 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval to the Vermont Environmental Court. State law specifies that "Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." 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 scheduled public meeting. Sincerely, ac IN 0 Betsy McDonough Planning & Zoning Assistant Encl. I CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802)846-4106 February 9, 2007 Dan & Myrna Marcone 219 Laurel Hill Drive South Burlington, VT 05403 Dear Property Owner: Enclosed is a copy of the draft agenda (please check our website www.sburi.com for the official agenda, posted the Friday before the meeting) for the February 20, 2007 Development Review Board meeting. It includes a proposal that abuts property you own. Under Title 24, Section 4471 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval to the Vermont Environmental Court. State law specifies that "Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." 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 scheduled public meeting. Sincerely, Betsy McDonough Planning & Zoning Assistant Encl. 1 i CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802)846-4106 February 9, 2007 Lois Gilberston 77 Black Lantern Lane South Burlington, VT 05403 Dear Property Owner: Enclosed is a copy of the draft agenda (please check our website www.sburl.com for the official agenda, posted the Friday before the meeting) for the February 20, 2007 Development Review Board meeting. It includes a proposal that abuts property you own. Under Title 24, Section 4471 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval to the Vermont Environmental Court. State law specifies that "Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." 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 scheduled public meeting. Sincerely, �C Betsy McDonough Planning & Zoning Assistant Encl. 1 11 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802)846-4106 February 9, 2007 David & Beatrice Lafayette 5 Cranwell Drive South Burlington, VT 05403 Dear Property Owner: Enclosed is a copy of the draft agenda (please check our website www.sburl.com for the official agenda, posted the Friday before the meeting) for the February 20, 2007 Development Review Board meeting. It includes a proposal that abuts property you own. Under Title 24, Section 4471 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval to the Vermont Environmental Court. State law specifies that "Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." 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 scheduled public meeting. Sincerely, Betsy McDonough Planning & Zoning Assistant Encl. CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802)846-4106 February 9, 2007 Jack & Faith Hopper 226 Laurel Hill Drive South Burlington, VT 05403 Dear Property Owner: Enclosed is a copy of the draft agenda (please check our website www.sburl.com for the official agenda, posted the Friday before the meeting) for the February 20, 2007 Development Review Board meeting. It includes a proposal that abuts property you own. Under Title 24, Section 4471 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval to the Vermont Environmental Court. State law specifies that "Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." 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 scheduled public meeting. Sincerely, C Betsy McDonough Planning & Zoning Assistant Encl. r � CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 Permit # M5-�- D 1 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 L) Other, PROVISION OF ZONING ORDINANCE IN QUESTION (IF ANY): WHAT ACTION OF THE ADMINISTRATIVE OFFICER ARE YOU APPEALING ?/- N' /¢�d✓j ,5��" �. 1) OWNER OF RECORD (Name as shown on deed, mailing address, phone & fax #): 2) LOCATION OF LAST RECORDED DEED (book & page #) 3) APPLICANT (name, mailing address, phone and fax #) 01ZAIV v n - Zr _11 3e 2.29 ZIAIKi L /-//Z Z 4) CONTACT PERSON (person who will receive staff correspondence. Include name, mailing address, phone & fax # if different from above): 13,r2/�tU TF ssiE✓L Z Z 9 I-{/ZL 19i2. .3 • rz)ti ►'7- osyo -7, o1 y A2 '�A 5) PROJECT STREET ADDRESS: L-4-e1�.c-1- /-///-Z d e . 6) TAX PARCEL ID #: /0/419 - UO 9 . 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): i[ i� / • / ✓i / � C. Total building square footage on property (proposed buildings & existing building to remain): D. Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement & mezzanine): L L4�2q. -A, 7 E. Number of residential Units (if applicable, new units & existing units to remain): r,1Z4 F. Number of employees & co pany vehicles (existing & proposed, note office vs. non -office employees): &ZA1 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: � .;Sq B. Buildings: Existing_ Proposed Sq. Ft Sq. Ft. C. Overall impervious coverage (building, parking, outside storage, etc) Existing % / Sq. Ft. Proposed % / Sq. Ft. D. Total area to be disturbed during construction: &ZA 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): $ /jpO 00 B. Landscaping $ C. Other site improvements (please list with cost): 10) ESTIMATED TRAFFIC: N/A ti14f `j pus/�F�s 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 13) ESTIMATED PROJECT COMPLETION DATE 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): /LL y1,.fi/LL //-//C.L. Z L,jll�'EG /fit De �K L-7- osyc3 V7 0o03 Z_.9'rt.%TF�Cn! s...3R4 . VTosyo3 TAV i io i t31FATrz161 E i_,4 rAYETTc 1AW_Jn> Vr 4_1Y03 ��K pi �/IJt rfoiGp,�,Z 0�103 I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of m SIGNA TURE OF PROPERTY Do not write below this line DATE OF SUBMISSION:` -- / ZVI REVIEW AUTHORITY: Development Review Board ❑ Director, Planning & Zoning I have reviewed this application and find it to be: E�COMPLETE ❑ Incomplete &�� a o i t r of Planning & Zoning or Designee at ,z2�-G��FG w- .__.._.-. . _.. ... 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