HomeMy WebLinkAboutAO-04-02 - Supplemental - 0013 Lyons AvenueDEPARTMENT OF PLANNING & ZONING
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
(802) 846-4106
FAX (802) 846-4101
December 27, 2004
Karen Alence
13 Lyons Avenue
South Burlington, VT 05403
Re: Minutes
Dear Ms. Alence:
Enclosed, please find a copy of the minutes from the December 7, 2004
Development Review Board meeting.
If you have any questions, feel free to contact me.
Sincerely,
Betsy McDonough
Administrative Assistant
Encl.
W tiAc(_ �A�
DEVELOPMENT REVIEW BOARD
7 DECEMBER 2004
The issue of the abutting neighbors in the residential district was raised. Mr. Belair said
there will have to be a significant buffer and additional landscaping may be required to
block headlights from shining into neighbors' backyards. The applicant indicated the
presence of a berm for this purpose. Mr. Belair said this must be shown on the plan.
Mr. Boucher then moved to continue Site Plan #SP-04-46 until 1February 2005. Ms.
Quimby seconded. Motion passed unanimously.
Public Hearing: Appeal #AO-04-02 of Karen Alence appealing the decision of the
dministrative Officer to issue zoning permit #ZP-04-391 for a single family
dwelling at 11 Lyons Avenue:
Mr. Belair said he received an application to raze an existing house at 11 Lyons Avenue
and build a new house. The proposed new house met all the setback and height
requirements. A single family home is a permitted use in that district. The maximum
building coverage allowed is 20% and the proposed house is 14.6%. Mr Belair said he
believed the proposed house met all the requirements of the Land Development
Regulations, so he issued the permit.
Ms. Alence said she had a question as to whether what is being built is what is shown on
the plan. She was concerned that the applicant is not required to provide a survey and
that she would have to bear the cost of a survey if she thought the house was being put
too close to her property line.
Mr. Krupp, a neighbor, expressed concern that the proposed house would block the
sunlight from his house. He said there used to be a rule that you couldn't build a house
that would block sunlight from another house. Mr. Dinklage said the city attempts to deal
with this via setbacks and height restrictions. That is the extent of the DRB's
involvement. Mr. Richardson added that 25 feet is the lowest allowable height in the city,
and the proposed house meets that requirement.
Mr. Dinklage reminded the applicant that it is their responsibility to place the foundation
correctly so they don't put themselves in jeopardy. He also reminded the applicant that
the current foundation is non -conforming and can't be used. Mr. Dinklage hoped the
applicant would take care of concerns about the slope and potential erosion. He
suggested that when the new foundation is staked out, the applicant show the area to
neighbors to be sure it makes sense and there are no problems.
-4-
DEVELOPMENT REVIEW BOARD
7 DECEMBER 2004
Mr. Boucher then moved that the Development Review Board uphold the decision of the
Administrative Officer in Appeal #AO-04-02 of Karen Alence. Ms. Quimby seconded.
Motion passed unanimously.
As there was no further business to come before the Board, the meeting was adjourned at
9:05 p.m.
C1erIC" '
Date
-5-
CITY OF SOUTH BURI.INGTON
DEPARTMENT OF PLANNING & ZONING
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
(802) 846-4106
FAX (802) 846-4101
November 10, 2004
Gary & Barbara Keller
488 Plains Road
Jericho, VT 05465
Re: Appeal #AO-04-02
Dear Mr. & Mrs. Keller:
Enclosed, please find a copy of the Findings of Fact and Decision of the above
referenced project that was heard by the South Burlington Development Review
Board on 12/7/04.
If you have any questions, please contact me.
Sincerely,
--&
Bets
a�'�G_
�conou h
Y g
Administrative Assistant
IWAR1
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANI E"4G & ZONING
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
(802) 846-4106
FAX (802) 846-4101
November 10, 2004
Karen Alence
13 Lyons Avenue
South Burlington, VT 05403
Re: Appeal #AO-04-02
Dear Ms. Alence:
Enclosed, please find a copy of the Findings of Fact and Decision of the above
referenced project that was heard by the South Burlington Development Review
Board on 12/7/04.
If you have any questions, please contact me.
Sincerely,
me
Betsy Mc[9dnou9 h ��� ! `�
Administrative Assistant
Encl.
CERTIFIED MAIL RETURN RECEIPT REQUESTED #7003 3110 0001 3598 4704
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING & ZONING
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
(802) 846-4106
FAX (802) 846-4101
MEMORANDUM
To: Development Review Board
From: Raymond J. Belair, Administrative Officer
Re: Appeal #AO-04-02
Date: December 2, 2004
Agenda # 6
1. On October 21, 2004 the Administrative Officer received a zoning permit
application (see attached) to raze an existing single family dwelling at 11 Lyons
Avenue and construct a new 30' x 34' single family dwelling with a 10' x 30' deck
on the same property.
2. The Administrative Officer issued the zoning permit on October 21, 2004 and
assigned it #ZP-04-391.
3. On November 5, 2004 Karen Alence, an abutting landowner, appealed the
issuance of permit #ZP-04-391 to the Development Review Board. The appellant
is the owner of the property at 13 Lyons Avenue.
4. The required setback requirements are 10 feet front and rear and five (5) feet on
the sides. A scaled site plan (see attached) was submitted with the permit
application showing that the proposed structure will meet all setback
requirements
5. The property at 11 Lyons Avenue is located within the Queen City Park Zoning
District. A single family dwelling is a permitted use in this zoning district.
6. Section 4.08 (F)(1) of the Land Development Regulations limits the height of all
structures in the Queen City Park Zoning District to 25 feet above the average
pre -construction grade. The zoning permit application indicated that the height of
the proposed structure will be 24' 3" above pre -construction grade.
7. The maximum building coverage allowed is 20%. Building coverage proposed is
14.6%.
8. The zoning permit was issued because it met all applicable requirements of the
Land Development Regulations.
CITE' OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING & ZONING
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05408
(802) 846-4106
FAX (802) 846-4101
December 3, 2004
Gary & Barbara Keller
488 Plains Road
Jericho, VT 05465
Re: 11 Lyons Avenue
Dear Mr. & Mrs. Keller:
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 7, 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,
1
Betsy McDo ough
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
December 3, 2004
Karen Alence
13 Lyons Avenue
South Burlington, VT 05403
Re: 11 Lyons Avenue
Dear Ms. Alence:
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 7, 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,
Betsy - Donough
Administrative Assistant
Encl.
CITY OF SOUTH BURLINCTON
DEPARTMENT OF PLANNING & ZONING
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
(802) 846-4106
FAX (802) 846-4101
November 17, 2004
Shelley Vinal
3090 Williston Road
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 Don ugh
Administrative Assistant
Encl.
DEPARTME1`4T OF PLANNING & ZONING
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
(802) 846-4106
FAX (802) 846-4101
November 17, 2004
Tilley Family Limited Partnership
700 Hinesburg Road
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 on ugh
Administrative Assistant
Encl.
CITY OF SOUTH BI_TRLINGTON
DEPARTMENT OF PLANNING & ZONING
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
(802) 846-4106
FAX (802) 846-4101
November 17, 2004
Gary & Barbara Keller
488 Plains Road
Jericho, VT 05465
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,
Bets dcDoLn"ough
Administrative Assistant
Encl.
CITY OF SOUTH BUl_ LINGTON
DEPARTMENT OF PLANNING & ZONING
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
(802) 846-4106
FAX (802) 846-4101
November 17, 2004
Karen Alence
13 Lyons Avenue
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 onough
Administrative Assistant
Encl.
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► legals
PUBLIC HEARING
SOUTH BURLINGTON DEVELOP-
MENT REVIEW BOARD
The South Burlington
Development Review Board will
hold a public hearing at the
South Burlington City Hatt
Conference Room, 575 Dorset
Street, South Burlington,
Vermont on Tuesday, December
7, 2004, at 7:30 P.M. to consider
the following:
1. Preliminary plat application
#SD-04-79 and final plat appli-
cation #SD-04-80 of Patrick
Malone to amend a planned unit
development consisting of a
16,800 sq ft building with multi-
ple uses. The amendment con-
sists of: 1) razing a 3600 sq ft
portion of the building thereby
creating two (2) separate build-
ings, 2) converting the 8000 sq
ft building at 358 Dorset Street
to retail, and 3) converting the
5200 sq ft building at 55 San
Remo Drive to indoor recreation.
2. Final plat application #SD-04-
76 of Barbara Neff to subdivide
a 17.09 acre parcel into two (2)
Lots of 0.92 acres (Lot A) and
16.17 acres (lot B), 700
Hinesburg Road.
3. Preliminary plat application
#SD-04-77 and final plat appli-
cation #SD-04-78 of Michael
Gravelin, dba A & M Construction
Corp., for a planned unit devel-
opment to convert a 2142 sq ft
single family dwelling to Day
Care and/or General Office use,
1060 Hinesburg Road.
4. Appeal #AO-04-02 of Karen
Alence appealing the decision of
the Administrative Officer to
issue zoning permit #ZP-04-391
for a single family dwelling at 11
Lyons Avenue.
Copies of the applications are
available for public inspection at
the South Burlington City Hall.
John Dinklage, Chairman
South Burlington Development
Review Board
November 17, 2004
STATE OF VERMONT
CHI TENDEN COUNTY, SS.
In re: R.K.
CITY OF SOUTH BURLINGTON
ZONING PERMIT APPLICATION
Application No.
✓ (office use only)
Applicant:
'J
Address: IS, "Itz - 1 Y Oksi? 46. Vr Daytime S, Tel. No: Fes"
VV A,/" kJ' Property Address:
Property Owner:
Address: V+ Tax Parcel ID No.
Parcel Size: r
Z5
Present use of property (describe):
Present structure/improvements on property (describe):
Proposed u e o7froperty (describe):
�!J
Proposed structures/improvements (including building dimensions):
Attach sketch plan (see attached sk t li plan instructions) or site plan.
c Estimated cost of improvements
Is adjoining property owned by applicant/property owner (if yes, describe):
Property access (public road frontage,public water frontage, approved right-of-way):
7
Applicant/Owner Certification
The undersigned property owner hereby consents to submission of this application and understands that if the application is approved, the zoning permit
and any attached conditions will be binding on the property.
-,Pfoperty Owner Signature Date
'e
The undersVec applicant hereby affirms that the information presented in this application is true, accurate and complete.
Appl'i 4�;Iant �igriature Date
ADMINISTRATIVE OFFICER ACTION
41 �)
Date Received: A911A Fee Received: $ 1�
Identification of zoning district: Identification of proposed use:
Proposed use type: kPermitted Conditional
Date of site plan approval/denial
Approval Date Denial Date
Date of subdivision approval/denial
Approval Date Denial Date
Date of conditional use approval/denial
Approval Date Denial Date
Date of appeal variance approval/denial:
Approval Date Denial Date
FINAL ADMINIST OFFICER ACTION
Z P MIT
p
I
APPROVED Date Approval minist ative Officer's Signature
This permit shall expire on I/XX
DENIED
Date of Denial
Reason for denial:
Administrative Officer's Signature
Notice of Appeal Rights
Any interested person may appeal this decision by filing a written notice of appeal with the clerk of the development review board within 15 days of the
date of this decision. The notice of appeal must be accompanied by a filing fee of $85.00.
451-0"
PROPERTY LINE
/ _ SETBACK
/ / 81-9
lu
YI
_D•
/ / I jl
REAR DECK
c` 1
%
C�
Keller RESIDENCE
SITE FLAN
1/14" = 1'-0"
SITE AREA = 8,4-75 SF
(8,4-15 X .2 = 1,135 SF)
BUILDING FOOT PRINT = 1,24-4 SF
October 13. 200-4
CITY OF SOUTH BURLINGTON ` � VE�j
DEPARTMENT OF PLANN�1G & ZONP4G �e, u zi.�Y'1 4
7
SOUTH BURLINGTON, VECity of S�
RMONT 05403 - Eull ngto
(802) 846-4106
FAX (802) 846-4101 v
Permit Number
APPLICATION FOR FOR THE DEVELOPMENT REVIEW BOARD
All information requested on this application must be completed in full. Failure to provide the reauested 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)
( ) Request, for a conditional use
( ) Request for a variance
( ) Other
PROVISION OF ZONING ORDINANCE IN QUESTION (IF AJY) �G`SS � � 11- h '1 � it I
01�11 �' 11Cd �^ �► iV�'c f 1 1 1`'� ' �► 4J G'.' S GT , . 4—. �1
WHAT ACTION OF THE ADMINISTRATIVE OFFICER ARE YOU APPEALING?
72-� *:3 q /
1) O R OF F ECORD (Name as shown on deed, mailing address, phone and fax #)
�ul -f.3e� J
2) LOCATION OF LAST RECORDED DEED (Book and page #)
3) APPLIC_ANT (Name, mailing address, phone and fax
C/CG Z
4) CONTACT PERSON (Name, mailing address, phone and fax #
5) PROJECT STREET ADDRESS: / / Z—i/C N S
6) TAX PARCEL ID # (can be obtained at Assessor's Office) l O Y
i C S5 c r7y, c u W-S CiS u,,e . � cf S �k' i �/ 11 b c?
C/6'1rVVV ,t' AJ C" CA r��' �' �,l�t C 1 jvc,1A V1 t i C�
IGSS C;i�'r�
Ica c V� cT �- �. l � �,►c� �--,`G �� �� l a �vS � U C�� �" �;i �-�^ f z� V � 1 r' ,''-�� l�1 N i J !�► �'
v1.9 6-V1e-1 P-Aa_) ��c�
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)
c) Total building square footage on property (proposed buildings and existing buildings to remain)
d) Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement
and mezzanine)
e) Number of residential units (if applicable, new units and existing units to remain)
t) 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):
8) LOT COVERAGE
a) Building: Existing % Proposed %
b) Overall (building, parking, outside storage, etc)
Existing _% Proposed %
c) Front yard (along each street) Existing % Proposed
(does not apply to residential uses)
RAI
9) COST ESTIMATES
a) Building (including interior renovations): $
b) Landscaping:
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:
13) ESTIMATED PROJECT COMPLETION DATE:
14) LIST ABUTTERS ( List names and addresses of all abutting property owners on a separate sheet
of paper).
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 APPLICANT
SIGNATURE OF PROPERTY OWNER
Do not write below this line
DATE OF SUBMISSION:
REVIEW AUTHORITY: ❑ Development Review Board Director, Planning &.Zoning
I have reviewed this site plan application and find it to be:
1;4' Complete ❑
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Planning & Zoning or Designee D6e
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EXHIBIT A
SITE PLAN
The following information must be shown on the plans. Please submit five (5) copies and one reduced
copy (I I" 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
CITY OF, SOUTH BURLINGTON
DEPARTMENT OF PLANNING & ZONING
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
(802) 846-4106
FAX (802) 846-4101
November 8, 2004
Gary & Barbara Keller
488 Plains Road
Jericho, VT 05465
Re: Appeal of Zoning Permit #ZP-04-391, 11 Lyons Avenue
Dear Mr. & Mrs. Keller:
Please be advised that on November 5, 2004 Zoning Permit #ZP-04-391, which
was issued to you on October 21, 2004, was appealed (copy of appeal
enclosed). Pursuant to 24 VSA 4467, a public hearing on the appeal will be held
by the Development Review Board on December 7, 2004 at 7:30 pm in the City
Hall Conference Room. Pursuant to 24 VSA 4443(a)(3), the zoning permit
issued to you will not take effect until final adjudication of the appeal.
If you have any questions, please feel free to contact me.
Sincerely, � r✓
Raymohd'°J. Belair
Administrative Officer