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Home My WebLink AboutCU-13-04 - Decision - 0002 Iby Street#CU-13-04 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING CHARLES E. CARPENTIER — 2 IBY STREET CONDITIONAL USE APPLICATION #CU-13-04 FINDINGS OF FACT AND DECISION Charles E. Carpentier is seeking conditional use approval of a 7' X 14' deck to project into the front yard setback by approximately 12.5 feet, 2 Iby Street. The Development Review Board held a public hearing on September 17, 2013. The applicant represented himself. 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. Charles E. Carpentier is seeking conditional use approval of a 7' X 14' deck to project into the front yard setback by approximately 12.5 feet, 2 Iby Street. 2. The application was received on August 2, 2013. 3. The owner of record of the subject property is Charles E. Carpentier. 4. The subject property is located in the Residential 4 (114) Zoning District. 5. The plans submitted consist of a fourteen (14) page set of undated photos, drawings and other documents. The applicant is seeking approval to construct a 7' x 14' deck which will project into the front yard setback by approximately 12.5 feet, and will project approximately 2.75 feet further into the setback than the average of the adjacent properties. Section 3.06(J) of the Land Development Regulations establishes standards for consideration of exceptions to setback requirements for lots existing prior to February 28, 1974 as a conditional use. The application is therefore reviewed as a conditional use. 1 CU_13_04_21byStreet_Carpentier_deck_ffd.doc #CU-13-04 CONDITIONAL USE CRITERIA Pursuant to Section 14.10(E) of the Land Development Regulations, the proposed conditional use shall not result in an undue adverse effect on any of the following: (a) The capacity of existing or planned community facilities. 6.The Board finds that the proposed addition will not have an undue adverse effect on community services. (b) The planned character of the area affected, as defined by the purpose or purposes of the zoning district within which the project is located, and specifically stated policies and standards of the municipal plan. The property is located within the Residential 4 Zoning District. The purpose of the District is stated as follows: 4.03 (A) Purpose. A Residential 4 District is hereby formed in order 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. The Comprehensive Plan, last adopted March 9, 2011, includes several objectives and recommendations related to housing in the community. Housing Objective 2 (page 40) states: "Identify and protect existing and developing residential neighborhoods" Currently, the existing dwellings on this street share a common setback that creates a neighborhood feel. An encroachment into this setback will allow other dwelling units in this neighborhood to encroach further into the established setback, under Section 3.06(J) of the Land Development Regulations. In this case, with an expansion of the encroachment of 2.75 additional feet (see below), adjacent buildings could be able to extend up to 1.37 feet further than they would be able to do presently. 7.Based on this information above, the Board finds that this application does not rise to the level of creating an undue adverse effect on the planned character of the area. (c) Traffic on roads and highways in the vicinity. 8.The Board finds that this proposed addition will not affect traffic in the vicinity. (d) Bylaws and ordinances then in effect. 9.The proposed addition would encroach into the front yard setback requirements outlined in table C-2 of the Land Development Regulations. An exception is allowed for lots existing prior to February 28, 1974 in Article 3, Section 3.06(J) of the Land Development Regulations. See below for these standards. (e) Utilization of renewable energy resources. 2 CU_13_04_21 byStreet_Carpentier_deck_ffd. doc #CU-13-04 10. The Board finds that the proposed addition will not affect the utilization of renewable energy resources. 3.06(J) EXCEPTIONS TO SETBACK AND LOT COVERAGE REQUIREMENT FOR LOTS EXISTING PRIOR TO FEBRUARY 28, 2974. The following exceptions to setbacks and lot coverages shall be permitted for lots or dwelling units that meet the following criteria: the lot or dwelling unit was in existence prior to February 28, 1974, and the existing or proposed principal use on the lot is a single- family dwelling or a two-family dwelling. (1) Side and Rear Setbacks. A structure may encroach into the required side or rear setback up to a distance equal to 50% of the side or rear setback requirement of the district, but in no event shall a structure have a side setback of less than five (5) feet. (2) Front Setbacks. A structure may encroach into a required front setback up to the average distance to the building line of the principal structures on adjacent lots on the same street frontage, but in no event shall a structure have a front setback of less than five (5) feet. (3) Additional Encroachment Subject to DRB Approval. Encroachment of a structure into a required setback beyond the limitations set forth in (1) and (2) above may be approved by the Development Review Board subject to the provisions of Article 14, Conditional Uses, but in no event shall a structure be less than three (3) feet from a side or rear property line or less than five (5) feet from a front property line. In addition, the Development Review Board shall determine that the proposed encroachment will not have an undue adverse affect on: (a) views of adjoining and/or nearby properties; (b) access to sunlight of adjoining and/or nearby properties; (c) adequate on -site parking; and (d) safety of adjoining and/or nearby property. In accordance with subsection (2) above, the applicant may create an encroachment of up to the average existing setback of the adjacent principal buildings without need for a conditional use approval from the Board. The allowable encroachment would be 9.75 feet into the setback, for an actual setback of 20.25 feet and the standard requirement is 30 feet. The applicant in this case is seeking an additional encroachment of 2.75 feet, for a total of 12.5 feet encroachment and actual setback of 17.5 feet. The proposed addition is an uncovered deck measuring 7' x 14'. 11. The Board finds that the proposed addition would not have an undue adverse effect on views of adjoining and/or nearby properties as the principal buildings are separated by at least 17 feet, the deck will be 22" in height plus handrails, and the projection is only 2.75 greater into the setback than the average of adjacent properties. CU_13_04_21byStreet_Carpentier_deck_ffd.doc #CU-13-04 12. The Board finds the proposed addition would not have an undue adverse effect on access to sunlight of adjoining and/or nearby properties as the principal buildings are separated by at least 17 feet and the deck will be 22" in height plus handrails. 13. The Board finds the proposed addition would not have an undue adverse effect on adequacy of on -site parking. 14. The Board finds the proposed addition would not have an undue adverse effect on safety of adjoining and/or nearby properties as the setback will remain 17.5 feet from the right-of-way. DECISION Motion by Tim Barritt, seconded by Jennifer Smith, to approve Conditional Use Application #CU- 13-04 of Charles E. Carpentier 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 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. 4. Any change to the approved plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. Tim Barritt— yea nay abstain not present Mark Behr— yea nay abstain not present Art Klugo — yea nay abstain not present Bill Miller— yea nay abstain not present David Parsons yea nay abstain not present Michael Sirotkin — yea nay abstain not present Jennifer Smith — yea nay abstain not present The application was approved by a vote of 4 — 0 — 0 Signed this day of OdpP(ti 2013, by zlyfg�� - Art Klugo, Vice Chair 4 CU_13_04_21byStreet_Carpentier_deck_ffd.doc #CU-13-04 Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this decision, a notice of appeal and the required fee by certified mail to the Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be mailed to the City of South Burlington Planning and Zoning Department at 575 Dorset Street, South Burlington, VT 05403. See V.R.E.C.P. 5(b)(4)(A). Please contact the Environmental Division at 802-828-1660 or http://vermontiudiciary.org/GTC/environmental/`default.aspx for more information on filing requirements, deadlines, fees and mailing address. The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call 802.879.5676 to speak with the regional Permit Specialist. CU_13_04_21 byStreet_Carpentier_deck_ffd. doc