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HomeMy WebLinkAboutCU-13-05 - Decision - 0001 Lyons Avenue#CU-13-05 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING HAROLD MCCANN, 1 LYONS AVENUE CONDITIONAL USE APPLICATION #CU-13-05 FINDINGS OF FACT AND DECISION Applicant Harold McCann filed a conditional use application to increase the size of a nonconforming structure (single family dwelling) by adding a 5' X 32' deck with an 11' X 2' bump out at the end, 1 Lyons Avenue. The Development Review Board held a public hearing November 19, 2013. Harold McCann represented himself. 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 Harold McCann owns an existing single family home located at 1 Lyons Avenue, in the Queen City Park zoning district. The house is nonconforming in that it does not meet the minimum rear yard setback, and is located on a pre-existing small lot. McCann seeks to increase the size of this nonconforming structure by adding a 5' X 32' deck with an 11' X 2' bump out at the end. The deck itself will conform with required setbacks. Zoning District & Dimensional Requirements: QCP Zoning District Required Existing Proposed �► Min. Lot Size 7500 S.F. 4523 S.F No change Max. Building Coverage 40% 33.1% No change* Max. Overall Coverage 60% 47.2% No change** Min. Front Setback 10 ft 10.1 ft 10.1 ft Min. Side Setback 5 ft. 14 ft No change Min. Rear Setback 10 ft. 4.1 ft. No change Max. Building Height 25 ft. Unknown No change Zoning compliance **No change, as the deck is being built over existing gravel driveway, so there is no net increase in overall coverage or impervious surface. As noted above, the applicant seeks approval to add a deck on the front of the house. Since the house is non -complying, the project must be reviewed under 3.11(D) [Alterations to Non -Complying Structures] and 4.08(E), and (F) [Queen City Park District] of the South Burlington Land Development Regulations (SBLDR). CITY OF SOUTH BURLINGTON 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING Section 3.11 (D) (1) of the Land Development Regulations states that "except as otherwise provided in sub -sections (2) and (3) below, and in Article 4, Section 4.08, Queen City Park District, and in Article 1Z Section 12.01(D), any non -complying building or structure may be altered, including additions to the building or structure, provided such alteration does not exceed in aggregate cost thirty-five percent (35%) for residential properties and twenty-five percent (25%) for industrial and commercial property of the current assessed value as determined by the City Assessor and in compliance with Section 3.11(B) above. In the event an addition or an expansion to a building or structure is proposed, the addition or expansion itself must comply with the provisions of these regulations (e.g., setback requirements)". Section 3.11 (D) (2) of the SBLDR's states that "the thirty-five percent (35%) limitation for residential properties described above shall not apply to structures on lots that were in existence prior to February 28, 1974 ". This proposed alteration, pursuant to Section 3.11(D) (2) of the SBLDR's is not subject to the 35% limitation described in Section 3.11(D) (1). Section 4.08 (F). Non -complying structures. Structures in the Queen City Park District shall be subject to the provisions of Article 3, Section 3.11, nonconformities, and to the following requirements and restrictions: (1) Any non -complying building or structure may be altered provided such work does not: a. Exceed in aggregate cost thirty-five percent for residential properties and twenty five percent for non-residential properties of the fair market value as determined by the City Assessor or by a separate independent appraisal approved by the Administrative Officer, or b. Involve an increase to the structures height or footprint, or otherwise involve an increase to the square footage of the building or structure. Since a deck is not considered an increase in building footprint or square footage, the Board finds these criteria do not apply. (2) In addition to the provisions set forth above, the DRB shall determine that the proposed alteration or expansion will not adversely affect: a. Views of adjoining and/or nearby properties, b. Access to sunlight of adjoining and/or nearby properties, and c. Adequate on -site parking. Being only a deck, with little vertical height and no posts, screen, nor roofline, the Board finds that there should be no adverse effects upon others' views or access to sunlight. Adequate driveway area remains for on -site parking. 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 Board finds the proposed addition consistent with the planned character of the area, as defined by CITY OF SOUTH BURLINGTON 3 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING 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 in order to encourage residential use at densities and setbacks that are compatible with the existing character of the Queen City Park neighborhood. It is designed to promote the area's historic development pattern of smaller lots and reduced setbacks. This district also encourages the conversation of seasonal homes to year round residences. Other than enhancement with a deck, the existing use as a single family home is not changing; therefore, the Board finds that the proposed use conforms with the purposes of the 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 deck will not adversely affect municipal services. (b) The planned character of the neighborhood or district in which the property is located, nor ability to develop adjacent property for appropriate uses. The Board finds the proposed deck consistent with the planned character of the area, as defined by the Comprehensive Plan. (c) Traffic on roads and highways in the vicinity. The proposed deck will not affect traffic in the vicinity. (d) Bylaws in effect. Except where the DRB has discretionary authority noted above, the property is in compliance with the bylaws in effect, or is existing nonconforming. (e) Utilization of renewable energy resources. The proposed alteration will not impact adversely the abutting property owner's access to solar energy. DECISION Motion by Michael Sirotkin, seconded by Bill Miller, to approve conditional use application #CU-13-05 of Harold McCann, subject to the following conditions: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. CITY OF SOUTH BURLINGTON 4 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING 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 Michael Sirotkin — 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 Jennifer Smith -- yea nay abstain not present Motion carried by a vote of 5 — 0 — 0 Signed this day of ���� �' 2013, by /l Tim Barritt, Clerk 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://vermont*udiciary.org/GTC/environmental/defauIt.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.