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HomeMy WebLinkAboutCU-16-03 - Decision - 0050 Bartlett Bay Road#CU-16-03 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING J. PETER AND DIANE SANDE-50 BARTLETT BAY RD. CONDITIONAL USE APPLICATION #CU-16-03 FINDINGS OF FACT AND DECISION Conditional use application #CU-16-03 of J. Peter & Diane Sande to add a 30 sq. ft. deck to an existing 1,088 sq. ft. single family dwelling, 50 Bartlett Bay Road. The Development Review Board held a public hearing on May 17, 2016. The applicants were represented by Diane Sande. 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 applicants, J. Peter and Diane Sande, seek a conditional use permit to add a 30 sq. ft. deck to an existing 1,088 sq. ft. single family dwelling, 50 Bartlett Bay Road. 2. The owners of record of the subject property are J. Peter & Diane Sande. 3. The subject property is located in the Lakeshore Neighborhood Zoning District. 4. The application was received on April 20, 2016. 5. The plans submitted consist of a seven (7) page set of plans, page seven (7) entitled, "Residence of Peter and Diane Sande 50 Bartletts Bay Rd. So. Burl., VT Proposed Landscape", prepared by Betty Ellis Landscape Design, dated 8/29/14 and received 4/20/16. Section 12.01(D) Pre -Existing Structures along Lake Champlain and within Queen City Park Section 12.01(D) of the SBLDR 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 (Section 12.01(D)(2): a) The structure to be expanded or reconstructed was originally constructed on or before April 24, 2000. The single family house on the site on April 24, 2000 was approved for reconstruction by the Development Review Board #CU-14-10. The Board finds this criteria to be met. 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. 1 #CU-16-03 Previously a waiver was granted by the Administrative Officer for the site to have a 15 ft. rear setback. The proposed new deck is on the west side of the house facing Lake Champlain and will not be any closer to the lake than the original home. The Board finds this criteria to be met. 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 building footprint area existing on April 24, 2000 was 1,296 sq. ft. The house was permitted to have a footprint of 1,703 sq. ft. by the Development Review Board when they reviewed #CU-14-10, which was an application for reconstruction. The current structure has a footprint of 1,655 sq. ft., which is 27.7% greater than the original structure's footprint. The addition of a 30 sq. ft. deck will increase the footprint to 1,685 sq. ft., which is 30% greater than the footprint of the original structure. The total building footprint will not be more than 50% larger than the footprint which existed on April 24, 2000. The Board finds this criteria to be met. 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. An erosion control plan prepared by an engineering firm has been submitted. The Board finds this criteria to be met. 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 applicant's submission included a landscaping plan depicting vegetation and trees existing at the time of their previous application for reconstructing the house as well as plantings and rain gardens that were proposed as part of that application. The applicant verbally told staff on May 5, 2016 that the landscaping plan was accurate and the applicant is still in the process of installing some of the landscaping elements. The Board finds this to be sufficient to meet the criteria. Section 12.01 (C) (2) General Stream and Surface Water Protection Standards (4) New uses and encroachments within stream buffers. The encroachment of new land development activities into the City's stream buffers is discouraged. The DRB may authorize the following as conditional uses within stream buffers, subject to the standards and conditions enumerated for each use. The DRB may grant approvals pursuant to this section as part of PUD review without a separate conditional use review. (a) Agriculture, horticulture and forestry including the keeping of livestock, provided that any building or structure appurtenant to such uses is located outside the stream buffer. (b) Clearing of vegetation and filling or excavating of earth materials, only to the extent directly necessitated for the construction or safe operation of a permitted or conditional use on the same property and where the DRB finds that: i. There is no practicable alternative to the clearing, filling or excavating PA I #CU-16-03 within the stream buffer; and ii. The purposes of this Section will be protected through erosion controls, plantings, protection of existing vegetation, and/or other measures. (c) Encroachments necessary to rectify a natural catastrophe for the protection of the public health, safety and welfare. (d) Encroachments necessaryfor providing for or improving public facilities. (e) Public recreation paths, located at least ten (10) feet from the edge of channel of the surface water. (f) Stormwater treatment facilities meeting the Vermont Agency of Natural Resources stormwater treatment standards, and routine maintenance thereof, including necessary clearing of vegetation and dredging. Evidence of a complete application to the VANR for coverage under the applicable permitting requirements shall be required to meet this criterion for encroachment into a stream buffer. (g) Roadways or access drives for purposes of crossing a stream buffer area to gain access to land on the opposite side of the buffer, or for purposes of providing safe access to an approved use, in cases where there is no feasible alternative for providing safe access and the roadway or access drive is located at least ten (10) feet from the edge of channel of the surface water. (h) Utility lines, including power, telephone, cable, sewer and water, to the extent necessary to cross or encroach into the stream buffer where there is no feasible alternative for providing or extending utility services. (i) Outdoor recreation, provided any building or structure (including parking and driveways) appurtenant to such use is located outside the stream buffer. (j) Research and educational activities provided any building or structure (including parking and driveways) appurtenant to such use is located outside the stream buffer. (k) Hydro -electric power generation The Board considers item (a) and items (c) through (k) to be not applicable to the project. Item (b) is applicable to the project. The area disturbed by this project will be minimal and the applicant's plans indicate sufficient vegetation will remain so as to protect the purposes of Section 12 of the Ms. The Board finds this criteria to be met. CONDITIONAL USE CRITERIA Pursuant to Section 12.01(D) of the South Burlington Land Development Regulations ()Pre-existing structures along Lake Champlain and within Queen City Park), the proposed structure shall be reviewed as a conditional use and shall meet the following standards of Section 14.10(E): 14.10(E) General Review Standards. The Development Review Board shall review the proposed conditional use for compliance with all applicable standards as contained in these regulations. The proposed conditional use shall not result in an undue adverse effect on any of the following: (1) The capacity of existing or planned community facilities. This project will have no adverse effect upon community facilities. The Board finds this criteria to be met. 3 #CU-16-03 (2) The 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 Board finds the proposed project 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 Board finds this criteria to be met. (3) Traffic on roads and highways in the vicinity. This project will have no adverse effect on traffic on roads and highways in the vicinity. The Board finds this criteria to be met. (4) Bylaws and ordinances then in effect. A waiver was previously granted for the rear setback to be at 52 feet. The proposed deck will not violate that setback. As noted above the Board finds that this projects conforms to Section 12.01(C) & (D). (5) Utilization of renewable energy resources. This project will not affect renewable energy resources. The Board finds this criteria to be met. DECISION Motion by John Wilking, seconded by Jennifer Smith, to approve conditional use application #CU-16-03 of J. Peter and Diane Sande: 1. All previous approvals and stipulations which are not changed by this decision, will remain in full effect. 2. The plan shall be revised to show the changes below and shall require approval of the Administrative Officer. Three (3) copies of the approved revised plans shall be submitted to the Administrative Officer prior to permit issuance. a. All plan sheets must show the proposed deck. 3. This project must be completed as shown on the plans submitted by the applicant, and on file in the South Burlington Department of Planning and Zoning. 4. The applicant must 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. 5. Any change to the approved plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. 4 #CU-16-03 Mark Behr Yea Nay Abstain Not Present Matt Cota Yea Nay Abstain Not Present Frank Kochman 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 John Wilking Yea Nay Abstain Not Present Motion carried by a vote of 6— 0 — 0. Signed this 18 day of May 2016, by Bill Miller, Vice -Chair 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://vermontjudiciary.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. 5