HomeMy WebLinkAboutCU-05-08 - Decision - 0005 Pleasant AvenueCITY of SOUTH BURLINGTON
DEPARTMENT of PLANNING AND ZONING
PAUL & ELLEN GITTELSOHN - 5 PLEASANT AVENUE
CONDITIONAL USE APPLICATION #CU-05-08
FINDINGS OF FACT AND DECISION
Paul & Ellen Gittelsohn, hereafter referred to as the applicants, are seeking conditional
use approval under Section 14.10, Conditional Use Review, of the South Burlington
Land Development Regulations. The 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. The
Development Review Board held a public hearing on May 17, 2005. The applicants were
present at the meeting.
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 of FACT
1. The applicants are seeking conditional use approval under Section 14.10, Conditional
Use Review, of the South Burlington Land Development Regulations. The 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.
2. The owners of record of the subject property are Paul & Ellen Gittelsohn.
3. The subject property is located in the Queen City Park Zoning District.
4. The plans submitted consist of a site plan prepared by the applicants with a received
stamped dated of 4/12/05.
QUEEN CITY PARK REVIEW STANDARDS
_Pursuant to Section 4.08(D) of the Land_ Development Regulations the proposed
conditional use shall meet the following standards:
1. The maximum height for all structures shall be no more than twenty-five (25)
feet above the average pre -construction grade adjoining such structure, See
Article 3, Section 3.07(B) for definition of pre -construction grade.
The applicant did not submit information on the average pre -construction grade of the
subject property, so the Board cannot accurately determine the height of the proposed
addition.
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2. The maximum height of a structure may be increased to thirty-five (35) feet if
approved by the Development Review Board subject to the provisions of Article
14, Conditional Use Review. In addition, the Development Review Board shall
determine that the proposed increase in height will not affect adversely:
This criterion is not applicable to the proposed project.
(a) Views of adjoining and/or nearby properties;
This criterion is not applicable to the proposed project.
(b) Access to sunlight of adjoining and/or nearby properties; and
This criterion is not applicable to the proposed project.
(c) Adequate on -site parking.
This criterion is not applicable to the proposed project.
3. Rooftop apparatus, such as solar collectors, television antennas, and air
conditioning equipment shall be included in the height measurement. Chimneys
for residential structures shall be exempt from the height limitations.
This has been acknowledged in the height calculations for the proposed project.
4. Television antennas and steeples for places of worship that are taller than
normal height limitations may be approved by the Development Review Board
subject to the provisions of Article 14, Conditional Use Review.
This criterion is not applicable to the proposed project.
5. The Development Review Board may approve any alteration which exceeds the
thirty-five and twenty-five percent rule described above or which involves an
increase to the structure's height, footprint or square footage subject to the
provisions of Article 14, Conditional Use Review.
The provisions of Article 14, Conditional Use Review have been addressed below.
6. In addition to the provisions set forth above, the Development Review Board
shall determine that the proposed alteration or expansion will not adversely affect:
(a) Views of adjoining and/or nearby properties;
The proposed addition is lower than the existing structure and will not adversely affect
the views of adjoining or nearby properties.
(b) Access to sunlight of adjoining and/or nearby properties; and
The proposed addition will not adversely affect the access to sunlight by adjoining or
nearby properties.
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(c) Adequate on -site parking
The proposed addition will not alter or affect on -site parking.
7. Development, construction, and alterations within the QCP District within one
hundred (100) linear feet of the center line of Potash Brook shall be subject to the
requirements of the Potash Brook Overlay District.
The subject property is not within 100 linear feet of the Potash Brook.
8. Multi -family dwellings shall be subject to site plan review, as per Article 1.4.
This criterion is not applicable to the proposed project.
CONDITIONAL USE REVIEW STANDARDS
Pursuant to Section 14. 10(E) of the Land Development Regulations, the proposed
conditional use shall meet the followina 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 4.08(A) of the Land Development Regulations, the QCP Zoning
District is formed to encourage residential uses at densities and setbacks that are
compatible with the existing character of the QCP neighborhood. It is designed to
promote smaller lots, and reduced setbacks.
The proposed addition to the existing single-family dwelling is keeping in with the
purpose of the QCP 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 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.
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The proposed addition 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 proposed addition will not affect traffic in the vicinity.
(d) Bylaws in effect.
The proposed addition will not affect bylaws in the vicinity, as the proposed addition will
be in compliance with the applicable dimensional standards outlined in Table C-2 of the
Land Development Regulations.
(e) Utilization of renewable energy resources.
The proposed addition will not affect renewable energy resources.
(f) General public health and welfare.
The proposed addition will not have an adverse affect on general public welfare.
DECISION
Motion by WK &A#eK , seconded by (%1� I-� W
to approve Conditional Use Application #CU-05-08 of Pa�en Gittelso , Subject to
the following conditions:
1. All previous approvals and stipulations shall remain in full effect, except as amended
herein.
2. The applicant shall submit information in the average pre -construction grade of the
subject property, and the height of the proposed addition in relation to the average pre -
construction grade, prior to permit issuance. This measurement shall be conducted in
accordance with Section 3.07 of the Land Development Regulations.
3. 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
and Zoning.
4. 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.
Mark Behr e
Chuck Bolton ye<
Mark Boucher — e
John Dinklage yA
Roger Farley — OE
Larry Kupferman —
Gayle Quimby —&E
abstain/not present
iy/abstain/not present
ay/abstain/not present
ay/abstain/not present
/abstain/not present
nay/abstain/not present
ay/abstain/not present
Motion carried by a vote of q- 6 - v
Signed this / ( day of May 2005, by
�00'
n Dinklage, Chair
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 $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).
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