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HomeMy WebLinkAboutMS-08-08 - Decision - 0066 Bartlett Bay RoadCITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING MARK KELLEY - 66 BARTLETT BAY ROAD MISCELLANEOUS APPLICATION #MS-08-08 FINDINGS OF FACT AND DECISION Mark Kelley, hereinafter referred to as the applicant, is seeking miscellaneous approval to reconstruct a 2-story single family dwelling with an 876 sq. ft. footprint and construct a 437 sq. ft. footprint, 2-story addition (not to exceed 25' in height). 66 Bartlett Bay Road. The Development Review Board held a public hearing on Tuesday, September 2, 2008. Mr. Kelley was present at the hearing. Based on the plans and materials contained in the document file for this application, the Development Review Board finds, concludes, and decides the following: FINDINGS OF FACT 1. The applicant is seeking miscellaneous approval to reconstruct a 2-story single family dwelling with an 876 sq. ft. footprint and construct a 437 sq. ft. footprint, 2- story addition (not to exceed 25' in height). 66 Bartlett Bay Road. 2. The owners of record of the subject property are Mark & Lisa Kelley. 3. The subject property is located in the Lakeshore Neighborhood Zoning District. 4. The plan submitted is entitled, "Kelley Residence Bartlett Bay Road So. Burlington, VT", prepared by Francis Sullivan, Architect, dated 4/7/08. Table 1. Dimensional Requirements LN Zoning District Required Pro osed + Min. Lot Size 12,000 SF 9,400 SF 4 Max. Building Coverage 20% 12.3% Max. Overall Coverage 40% 17% Min. Front Setback 20 ft. 20 ft �I Min. Side Setback 10 ft. 10 ft. Min. Rear Setback 30 ft. >30 ft. 4 zoning compliance 46 pre-existing non-compliance The maximum height for all structures shall be no more than twenty-five feet above the average pre -construction grade adjoining such structure. The applicant has stated a proposed a height of 25 feet in the application. The applicant has submitted an elevation of the proposed structure. Though the standard for measuring pitched roofs is to the midpoint between the eave and the highest point of the structure, the presence of two very large dormers on each side of the house may compromise this and thus leaves the bulk of the roof above 25 feet. The highest point of the roof is 31'6". CONDITIONAL USE CRITERIA Pursuant to Section 12.01(D) of the South Burlington Land Development Regulations, the proposed structure shall be reviewed as a conditional use and shall meet the following standards: 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 project is consistent with the planned character of the area, as defined by the Comprehensive Plan. According to Section 4.08(A) of the Land Development Regulations, the Lakeshore Neighborhood Zoning District is 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. It is designed to promote the area's historic development pattern of smaller lots and reduced setbacks. This district also encourages the conversion of seasonal homes to year round residences. The proposed use shall conform to the stated purpose of the district in which the proposed use is located. The proposed project is consistent with the stated purpose of the Lakeshore Neighborhood District, which is "to encourage residential use at densities and setbacks that are compatible with the existing character of the lake shore neighborhoods located in the vicinity of Bartlett Bay Road and Homes Road. " 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 project will not adversely affect municipal services. This addition will have no impact on educational facilities. (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 proposed project will not have an adverse affect on the character of the neighborhood or zoning district that this property falls within. (c) Traffic on roads and highways in the vicinity. It is extremely unlikely that this proposed addition will generate any additional traffic. Any traffic that is generated by this addition will be negligible in its effect on the neighborhood. (d) Bylaws in effect. The proposed project will meet all of the dimensional standards of the zoning district, including the reconstructed portion of the house. (e) Utilization of renewable energy resources. The proposed project will not likely affect renewable energy resources. (0 General public health and welfare. The proposed project will not likely have an adverse affect on general public welfare. Pursuant to Section 3.060)(3) of the Land Development Regulations, the proposed building expansion shall meet the following standards: (a) views of adjoining and/or nearby properties; It is difficult to assess how this proposal will affect the views of adjoining and/or nearby properties. This neighborhood is located very close to Lake Champlain and so it is somewhat possible that some favorable views exist. However, from testimony at the hearing it does not appear that this addition will impact those views. (b) access to sunlight of adjoining and/or nearby properties; It is also difficult to assess this criterion. This neighborhood is very dense and homes are very close together. However, from testimony at the hearing, it does not appear that this addition would deny neighboring property owners' access to sunlight. (c) adequate on -site parking; and Adequate on -site parking exists 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. Pre -Existing Structures along Lake Champlain and within Queen City Park C This proposed expansion and reconstruction shall be reviewed under Section 12.01(D) of the SBLDR which includes all lands within one hundred fifty feet horizontal distance of the high water elevation of Lake Champlain. The expansion and reconstruction of pre- existing structures on these lands may be approved by the DRB as a conditional use provided the requirements of the underlying zoning district and the following standards are met: a) The structure to be expanded or reconstructed was originally constructed on or before April 24, 2000. The existing structure meets this criterion. 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 rebuild and expansion is no closer to the lake than the existing structure. c) The total building footprint area of the expanded or reconstructed structure shall not be more than fifty percent larger than the footprint of the structure lawfully existing on April 24, 2000. The proposed rebuild and expansion meets this criterion: the expansion is 49.9% of the footprint 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 applicant has submitted a sufficient and well -planned erosion control plan. e) A landscaping plan showing plans to preserve maintain and supplement existing trees and ground cover vegetation is submitted and the DRB finds that the overall plan will provide a visual and vegetative buffer for the lake and/or stream. The plan does not indicate any landscaping on the existing property. The plan shall be revised to include all existing landscaping. No landscaping shall be removed or relocated without express permission from the Development Review Board. DECISION Motion by Gavle Quimby, seconded by Roger Farley, to approve Miscellaneous Application #MS-08-08 of Mark Kelley, subject to the following conditions: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. This project shall be completed as shown on the plans submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 3. The plan shall be revised to the changes below and shall require approval of the Administrative Officer. Three (3) copies of the approved revised plan shall be submitted to the Administrative Officer prior to permit issuance. a. The plan shall be revised to include all existing landscaping on the property. b. The plan shall be revised to indicate that the reconstructed portion of the house will comply with the area & dimension requirements. 4. No trees or shrubs shall be removed or relocated from/on the subject property without permission from the Development Review Board. 5. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 17.04 of the Land Development Regulations or this approval is null and void. 6. Any change to the site plan shall require approval of the South Burlington Development Review Board or the Administrative Officer. Mark Behr — ea nay/abstain/not present Matthew Birmingham — yea/nay/abstain of rese John Dinklage — yea/nay/abstain/ sen Roger Farley —nay/abstain/no res t Eric Knudsen — yea/nay/abstain/ Peter Plumeau /nay/abstain/not present Gayle Quimby — e nay/abstain/not present Motion carried by a vote of _T -V - 0 Signed this � da of �efi 2008, by Mark Behr, Vice Chair Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRECP 5 in writing, within 30 days of the date this decision is issued. The fee is $225.00. 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).