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Home My WebLink AboutCU-04-02 - Decision - 0052 Bartlett Bay RoadCITY of SOUTH BURLINGTON DEPARTMENT of PLANNING & ZONING FRANK AND MARY MAZUR CONDITIONAL USE APPLICATION #CU-04-02 FINDINGS of FACT AND DECISION Frank and Mary Mazur, referred to hereafter as "the Applicants", are requesting conditional use approval under Section 14.10 of the South Burlington Land Development Regulations. The request is for approval of a 5' x 14' roof structure, 52 Bartlett Bay Road. The subject property is located in the Lakeshore Neighborhood Zoning District. The applicant originally received approval from the Development Review Board to build a 5' x 14' second story deck on March 4, 2003. The applicant did not obtain a zoning permit to build the structure within the required six (6) month period and therefore the approval was null and void. This application is to obtain reapproval for the 5' x 14' structure, which is now being proposed as a roof. Based on testimony provided at the above mentioned public hearing and the plans and supporting materials contained in the document file for this application, the Development Review Board finds, concludes, and decides the following: FINDINGS The Applicants are requesting conditional use approval under Section 14.10 of the South Burlington Land Development Regulations. The request is for approval of a 5' x 14' roof structure, 52 Bartlett Bay Road. The Applicants originally received approval from the Development Review Board to build a 5' x 14' second story deck on March 4, 2003. The Applicants did not obtain a zoning permit to build the structure within the required six (6) month period and therefore the approval was null and void. This application is to obtain approval for the 5' x 14' structure, which is now being proposed as a roof. 2. The owners of record are Frank and Mary Mazur. 3. The subject property is located in the Lakeshore Neighborhood Zoning District. Pursuant to Section 12.01(D) of the Land Development Regulations, the expansion of and reconstruction of pre-existing structures may be approved by the Development Review Board as a conditional use provided the requirements of the underlyingzoning district and and the following standards are met: (a) The structure to be expanded or reconstructed was originally constructed on or before April 24, 2000. For purposes of these Regulations, expansion may include the construction of detached accessory structures including garages and utility sheds. { The existing single-family dwelling on the subject property was in existence prior to April 24, 2000. (b) The expanded or reconstructed structure does not extend any closer, measured in terms of horizontal distance, to the applicable high water elevation or stream centerline than the closest point of the existing structure. The proposed addition will not extend any closer to the applicable high water elevation than the closest point of the existing structure. (c) The total building footprint area of the expanded or reconstructed structure shall not be more than fifty percent (50%) larger than the footprint of the structure lawfully existing on April 24, 2000. For purposes of these regulations, reconstruction may include razing the existing structure and/or foundation and constructing a new structure in accordance with the provisions of the underlying zoning district regulations and this section. The proposed 70 square feet addition will create a small increase to the existing footprint, but will be significantly less than 50% of the existing structure. (d) An erosion control plan for construction is submitted by a licensed engineer detailing controls that will be put in place during construction or expansion to protect the associated surface water. The additional has already been constructed, so this criterion is not applicable. (e) A landscaping plan showing plans to preserve, maintain and supplement existing trees and ground cover vegetation is submitted and the DRIB finds that the overall plan will provide a visual and vegetative buffer for the lake and/or stream. The plans that the applicant submitted show the existing landscaping on the subject property. The March 10, 2003 Decision by the Development Review Board for the original approval of the 5' x 14' second story deck stated that "the applicant shall mitigate the visual impact of the second story deck by planting a Maple Tree with a minimum 2.5" caliper in the same general location as the tree that was recently cut down." Although the subject application is for a 5' x 14' roof, rather than a deck, the applicant should be required to plant this tree. 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. The addition to the existing single-family dwelling is in keeping with the planned character of the area as identified in the Comprehensive Plan. 2 2. The proposed use shall conform to the stated purpose of the district in which the proposed use is located. According to Section 4.07(A) of the Land Development Regulations, The Lakeshore Neighborhood District (LN) is hereby formed in order to encourage residential use at densities and setbacks that are compatible with the existing character of the lakeshore neighborhoods located in the vicinity of Bartlett Bay Road and Holmes Road. The District is designed to promote the area's historic development pattern of smaller lots and minimal setbacks. The addition to the existing single-family dwelling is keeping in with the purpose of the LN 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. The additional structure 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. The additional structure is in keeping with the character of surrounding properties and will not adversely affect the character of the area or the ability to develop adjacent properties. (c) Traffic on roads and highways in the vicinity. The additional structure will not affect traffic in the vicinity. (d) Bylaws in effect. The additional structure is in keeping with applicable regulations. (e) Utilization of renewable energy resources. The additional structure will not affect renewable energy resources. (f) General public health and welfare. The additional structure 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. 3 It is not necessary to impose any of these conditions to the additional structure. 2. Warning systems, fire controls, and other safeguards. It is not necessary to impose any of these conditions to the additional structure. 3. Provision for continuous monitoring and reporting. It is not necessary to impose any of these conditions to the additional structure. 4. Other restrictions as may be necessary to protect public health and safety. It is not necessary to impose any of these conditions to the additional structure. DECISION Based on the above Findings of Fact, the South Burlington Development Review Board hereby approves conditional use application #CU-04-02 of Frank and Mary Mazur, subject to the following conditions: 1. All previous approvals and stipulations shall remain in full effect, except as amended herein. 2. The applicant shall plant a maple tree with a minimum 2.5" caliper in the same general location as the tree that was removed on August 2, 2000, by August 1, 2004. 3. The roof structure shall not be used for any other use than as a roof structure. 4. The area under the roof structure shall not be enclosed or modified. 5. This project shall be completed as shown on the plans submitted by the applicant, as amended by this decision, and on file in the South Burlington Department of Planning & Zoning. 6. Pursuant to Section 17.04(B) of the South Burlington Land Development Regulations, the applicant shall obtain a zoning permit within six (6) months of this decision. 4 Signed this day of April, 2004 Chuck Bolton �� Mark Bo her inklage Roger Farley Michele Ku ersmith C:3 , 4�'� Larry Ku ferma Gayle Qjimby Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this decision is issued. The fee is $150.00. If you fail to appeal this decision, your right to challenge this decision at some future time may be lost because you waited too long. You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy; finality). 5