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Home My WebLink AboutCU-05-07 - Supplemental - 0024 Maryland Street`I C= OF SOUTH BUR LINGTON DEPARTMENT OF ]PLANNE4G & ZGNffNG 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 July 11, 2005 Joel Clements 24 Maryland Street South Burlington, VT 05403 Re: Minutes Dear Mr. Clements: Enclosed, please find a copy of the minutes from the May 17, 2005 Development Review Board meeting. If you have any questions, feel free to contact me. Sincerely, Betsy McDonough Planning & Zoning Assistant Encl. DEVELOPMENT REVIEW BOARD 17 MAY 2005 C9. Public Hearing: Application #CU-05-07 of Joel S. Clements for conditionai use approval under Section 14.10, Conditional Use Review of the South Burlington Land Development Regulations. Request is for permission to allow a 6'x32' porch to encroach 15 feet into the front yard setback, 24 Maryland St: Mr. Belair explained where measurements are taken from. The applicant then provided photos of what exists now. Mr. Clements said he wants to extend the porch along the front of the house which doesn't go any further from where the bottom of the steps is now. The roof over the steps has existed since they have owned the house. Mr. Belair said this house is further into the setback than any other house on the street. He is concerned with a porch because if it were to be enclosed, it would become part of the house footage. Mr. Clements said they don't want to enclose it. Mr. Dinklage said a future owner might. Mr. Belair agreed there was probably no other way to build the porch. Members felt this was a substantial. incursion into the front yard. Mr. Kupferman told the applicant that the Board has in the past referred applicants with similar problems to the Planning Commission to see if there is any way to change zoning so the Board can have the ability to approve such a request. Mr. Clements noted the neighbors across the street have put on porches. Mr. Belair said he would have to see if there were permits for these. Mr. Bolton said he could support the application if the applicant could show their movement into the front yard is less intrusive than other homes in the neighborhood. He added that it bothers him that people who play by the rules get turned down while others who don't may get what they want. The applicant asked to continue so staff can look at what exists in the neighborhood. Ms. Quimby moved to continue Application #CU-05-07 until 5 July. Mr. Boucher seconded. Motion passed 6-1 with Mr. Kupferman opposing. Upublic Hearing: Application #CU-05-08 of Paul & Ellen Cittelsohn for conditional use approval under Section 14.10, Conditional Use Review of the South Burlington land Development Regulations. Request is for permission to increase the size of the footprint of an existing single family dwelling by 540 sq ft, 5 Pleasant Avenue: -5- CI To: Development Review From: Betsy McDc Date: July 1, 2005 Re: Agenda #6 Joel Clements has written to withdraw application #CU-05-07. Attached is an e-mail written by the applicant to Juli Beth Hinds. Page i of I Juli Beth Hinds From: ClemJSC@aol.com Sent: Wednesday, June 29, 2005 7:26 PM To: jhinds@sburl.com Subject: Re: CU-05-07 Joel Clements Hi Juli- Please withdraw our application for a continuance. if you need a written or verbal authorization, please let me know. Thank you, Joel S Clements 865-4734 Home 999-9422 Cell 7/1 /2005 GIO 1-- To: Development Review Board From: Betsy McDonough, Planning & Zoning Assista C ®ate: June 27, 2005 Re: Joel Clements —Agenda #6 Joel Clements has asked for a continuance (see attached) as he is unable to attend the meeting on July 5th. We are now scheduling for the August 2 meeting. Page 1 of i Betsy McDonough From: Juli Beth Hinds Uhinds@sburl.com] Sent: Monday, June 27, 2005 9:36 AM To: cyellen@sburl.com; rbelair@sburl.com; 'Betsy McDonough' Subject: FW: CU-05-07 Joel Clements What -t ill lial)peri is that the. I RB s`ill coiiti ue the III to it later elate... ..Tali Beth 11inds, AIC P Director of Planning & Zoning City of South Burin -ton S'ry Dorset Strect. South Burlington, Vermont 05403 (802) 846-4xo6/ 4.i.oi. fax. jhind,@sburl.com wx,wv.sburl.com From: ClemJSC@aol.com [mailto:ClemJSC@aol.com] Sent: Sunday, June 26, 2005 10:12 AM To: jhinds@sburl.com Subject: CU-05-07 Joel Clements We are scheduled to appear 07/05/05 before the DRB, but are unable to attend on this date. Can you please cancel this appearance, and we will try to reschedule at a later date. Thank You, Joel S Clements 24 Maryland St. So. Burlington, VT. 05403 802-865-4734 .6/27/2005 i DE PP,/6 4 REVIDA/ L7 N'IA u' 2005 `�. Public Hearing. .�p�i�aB`aaanerd's #CU--3,5 ,a o Joel S. ciieflkeaats for candistal3ubaal use approval ander Seciion 14.10, a" anditional Use Review of the South Burlington Land Deveio ;meant Reguiantions. Request is for permission to; allow as 6'x32' porch toencroach 15 feet into the front yard setback, 24 Maryland St: Mr. Belair explained where measurements are taken from. The applicant then provided photos of what exists now. Mr. Clements said he wants to extend. the porch along the front of the house which, doesn't go any fiarther from where the hottona of the steps is now. 1 he roof ove - the. steps has existed since they have owned the house. Mr. Belair said this -house is further into the setback than any other house on the street. He is concerried with a porch because if it were to be enclosed, it would become pats of the house footage. Mr. Clements said they don't want to enclose it. Mr. Dinklage said a future owner -night. Mr. Belair agreed there was probably no other wcy to build the porch. Members felt this was a substantial incursion into the front yard. iVIt. Kupferman told the applicant that the Board lias in the past referred applicants with similar problems to t.e Planning Comrr..isslon to see if there is any way to change: zoning so the Board can have the ability to approve sucha request. Mr. Clements noted the neighbors across the street have put on porches. Mr. Belair said he would have to see if there were permits for there. Mr. Bolton said he could support the application if the applicant could show their movement into the front yard is less intrusive than other homes in the neighborhood. He added that it bothers him that people who play by the rules get turned down while others who don't may get what they want. The applicant asked to continue so staff can took at what exists in the neighborhood. Ms. Quimby moved to continue Application 4C:U-05-07 until 5 July. Mr. Boucher seconded. Motion passed 6-1 with N/Ir. Kupferman opposing. A Public Hearing: pplicatAa n 4CU-05-08 of Paul & Ellen Cittelsohaa fop conditional case approval aLader Section 1=1.10, Ca nditionaai Use Review of the South Burlington Land Development Reguiaatioans. Request is for permission to increase the size of the footpriaat of an. existing single family dweiling by 4,40, sq ft, i Pleasant Avenue: CITY OF SOUTHBURLINGTON DEPARTMENT OF PLANNING & ZONING DEVELOPMENT REVIEW BOARD Report preparation date: May 5, 2005 \drb\misc\clements\conditional use.doc Plans received: April 12, 2005 CONDITIONAL USE APPLICATION #CU-05-07 Agenda #9 Owner/Applicant Joel Clements 24 Maryland Street So. Burlineton. VT 05403 Location Map CLEMENTS — 24 MARYLAND STREET ins date: Mav 17. 2005 Property Information Tax Parcel 1130-00024-R Residential 4 (R4) Zoning District CITY OF SOUTH BURLINGTON 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\misc\clements\conditional use.doc Joel S. Clements, hereafter referred to as the applicant, is seeking conditional use approval under Section l 4.10, Conditional Use Review, of the South Burlington Land Development Regulations. The request is for permission to allow a 6'x32' porch to encroach 15 feet into the front setback, 24 Maryland St. Associate Planner Brian Robertson and Administrative Officer Ray Belair, referred to herein as Staff, have reviewed the plans submitted on April 12, 2005 and have the following comments. CONDITIONAL USE REVIEW STANDARDS Pursuant to Section 14.1 QQ 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. The proposed addition to the existing single-family dwelling is in keeping with the planned character of the area as identified in 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 purpose of the Residential 4 District is to encourage residential use at moderate densities that are compatible with existing neighborhoods and undeveloped land adjacent to those neighborhoods. Any use not expressly permitted is prohibited, except those that are allowed as conditional uses. Due to the encroachment into the established front setback, staff does not feel that the proposed porch is in keeping with the purpose of the R4 Zoning District. 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. Staff does not believe that the proposed addition will adversely affect municipal services. (b) The essential character of the neighborhood or district in which the property is located, nor ability to develop adjacent propertyfor appropriate uses. CITY OF SOUTH BURLINGTON 3 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\misc\clements\conditional use.doc Staff does not believe that the proposed porch is in keeping with the character of surrounding properties, as it will encroach into the setback established for the area. The subject dwelling unit is already the closest structure to the right-of-way, and the porch will make this structure even closer. An aerial photograph of the surrounding properties is attached; the subject property is marked with a star. (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 will not comply with the bylaws regulating setback for the R4 Zoning District. (e) Utilization of renewable energy resources. The proposed addition will not affect renewable energy resources. (� General public health and welfare. The proposed addition will not have an adverse affect on general public welfare. RECOMMENDATION Staff recommends that the Development Review Board deny Conditional Use application #CU-05- 07, as submitted. Respectfully submitted, rian Robertson, Associate Planner Copy to: Joel Clements, applicant ml Link F - -- ?cO fojej 5�rodrvr{ RECEIVED APR 112 2005 City of So..Budington Existing Curb Line S0M.5'00'00'E 70,001 Chain Link Fence Existing House L Garage N054000'00'W 70,00' Maryland Street halm F 'v LCI) C= C=) co m d cl= der f ; f L-L-1 s m o c o cV C 44 m O � Ci3 As U 6� C 1' � �. � m n R, �_� � ��, w o - .. , r � ��. , � m :� ., -, �« i UdiWUlllli UII! hilNi� I I I 111RIIIIININlflll !Ifllil�gll�Hiliil II! I lillll N!? N II II II Ilillplllliiiill tlIIh�11�i�iF i I CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANND"-TG & ZONEIJG 575 DORSET STREET SOUTH BURLINGTON, VERMOT,71 05403 (802) 846-4106 FAX (802) 846-4101 May 12, 2005 Joel S. Clements 24 Maryland St. South Burlington, VT 05403 Re: 24 Maryland St. Dear Mr. Clements: 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, May 17, 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 onough Administrative Assistant Encl. l CITY OF S013TH BURLINGTON DEIPAX,rMENT OFPLANNING NING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-41.06 FAX (802) 846-4101 Permit # C !, 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 1) OWNER OF RECORD (Name as shown o deed, maiI'�iddress, phone & fax #): Joel �;- . '),'i Alc, -/6- ( - Sr F> tlnc�tr'. O'T-1 07;_Y- '3 2) LOCATION OF LAST RECORDED DEED (book & page #) 271' 3) APPLICANT (nam hone and fax #) 4) CONTACT PERSON (person who will receive staff correspondence. Include name, mailing address, phppe & fax,# if diffe5ejjt„ffofnjaboye): 5) PROJECT STREET ADDRESS: 6) TAX PARCEL ID #: ?'L - 00o - V 7) PROJECT DESCRIPTION A. Existing Uses on Property (including description and size of each separate use)' � � I �es 1cte v , ( �4,,,e 4-ezj — 3 1 z X ` 0 ho u,,c- , 1 X 3S �c4 rcfL e, 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 & existing building to remain): e- I�zSe-u'�S�`3�(r'r �'c�Pc - IG(�. T�"T-/tL-- D. Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement & mezzanine): ` 3 PCY, ri i r C— 7Cm r- E. Number of residential Units (if applicable, new units & existing units to remain): 1 F. Number of employees & co any vehicles (existing & proposed, note office vs. 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. Total parcel size: Sq. Ft B. Buildings: Existing L 7 -Y= % / 1,670 Sq, Ft Proposed )- -r % / i!21- Sq. Ft. C. Overall imperviouscgverage (building, parking, outside storage, etc) Existing . Sr % / Sq. Ft. Proposed % / 2174- 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): $ i,Sc"C'' �O 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 DA 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): 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. L'�A' y SIGNATURE OF APPLICANT I I LA A= - SIGNATURE OF PROPERTY OWNER Do not write below this line DATE OF SUBMISSION: l U S REVIEW AUTHORITY: 12Development Review Board ❑ Director, Planning & Zoning have revie wed this application and find it to be: ❑ Incomplete D or of Planning & Zoning or Designee bate 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 11-6;11-S 20. NoQ►a3e.� �.� � CITY OF SOUTH BURLINGTON C�� DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 April 28, 2005 Robert Clarke 28 Maryland Street 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 846-4io6, stop by during regular office hours, or attend the schedule public hearing. Sincerely, Betsy McDonough Administrative Assistant Encl. CITY OF SOUTH BI.JRLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 April 28, 2005 Lorraine Brice 20 Maryland Street 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 846-41o6, stop by during regular office hours, or attend the schedule public hearing. Sincerely, 'P^ \am j� Betsy McDonough Administrative Assistant Encl. CITY OF SOUTH BLURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 April 28, 2005 Peg Yeadon 17 Maryland Street 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 846-41o6, stop by during regular office hours, or attend the schedule public hearing. Sincerely, Betsy McDonough Administrative Assistant Encl. PUBLIC HEARING SOUTH BURLINGTON DEVE1.00- 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, May 17, 2005, at 7:30 P.M. to consider the following: 1. Application #CU-05-07 of Joet S. Clements for conditional use approval under Section 14.10, Conditional Use Review, of the South Burlington Land Development Regulations. Request is for permission to allow a 6' x 32' porch to encroach 15 feet into the front setback, 24 Maryland Street. ` 2. Application #CU-05-08 of Paul & Ellen Gittelsohn for condition- al use approval under Section 14.10, Conditional Use Review, of the South Burlington Land Development Regulations. Request is for permission to increase the size of the foot print of an existing single family dwelling by 540 sq. ft., 5 Pleasant Avenue. 3. Final plat application #SD-05- 34 of Daniel Morrissey to amend a previously approved planned unit development consisting of the existing Vermont Gas build- ing and a 38,428 sq. ft. building for general office use and a bank with drive -through service. The amendment consists of eliminat- ing the proposed internal access road connecting 69 Swift Street and 85 Swift Street. 4. Preliminary plat application #SD-05-32 and final plat appti- cation #SD-05-33 of Northfield Savings Bank for a planned unit development consisting of: 1) razing a 1307 sq. ft. service sta- tion and car wash building with four (4) fueling positions, and 2) constructing a 2500 sq. ft. drive-in bank, 1143 Williston Road. 5. Motion and Request to Reconsider Findings of Fact and Decision of South Village Communities, LLC regarding Master Plan Application #MP-04- 01 for: 1) 334 residential units, and 2) a 100 student education- al facility, and 3) a 35 acre com- munity supported farm, 1840 Spear Street. 6. Preliminary plat application #SD-05-36 of University Mall Realty Trust to amend a previ- ously approved planned unit development consisting of 675,115 sq. ft. GFA shopping center complex with 614,338 sq. ft. of GLA. The amendment con- sists of: 1) razing an existing single family dwelling, and 2) constructing a 2624 sq. ft. retail store, 155 Dorset Street. Copies of the applications are available for public inspection at the South Burlington City Hall. John Dinklage, Chairman South Burlington Development Review Board April 27, 2005