HomeMy WebLinkAboutCU-14-10 - Decision - 0050 Bartlett Bay RoadCU-14-10
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
J. Peter & Diane Sande — 50 Bartlett Bav Road
CONDITIONAL USE APPLICATION #CU-14-10
FINDINGS OF FACT AND DECISION
Conditional use application #CU-14-10 of J. Peter & Diane Sande to raze an existing 1,295.65 sq. ft. single
family dwelling with a 1,295.65 sq. ft. footprint and construct a new single family dwelling with a 1,703
sq. ft. footprint, 50 Bartlett Bay Road.
The Development Review Board held a public hearing on November 4, 2014 and December 16, 2014.
The applicants represented themselves.
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. This application is to raze an existing 1,295.65 sq. ft. single family dwelling with a 1,295.65 sq. ft.
footprint and construct a new single family dwelling with a 1,703 sq. ft. footprint, 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 September 26, 2014.
5. The plans submitted consist of a seven (7) page set of plans, page five (5) entitled, "Sande Cottage
Improvements 50 Bartlett Bay Road South Burlington Vermont Existing Conditions Site Plan",
prepared by Civil Engineering Associates, dated Oct. 2006.
Administrative Officer Ray Belair and Planner Temporary Assignment Dan Albrecht have reviewed the
plans submitted on September 26, 2014, and offer the following comments.
This project is subject to review under the LDRs covering the Lakeshore Neighborhood District, Section
3.06 J. Exceptions to Setback and Lot Coverage Requirements for Lots Existing Prior to February 28, 1974,
Section 12.01 pre-existing structures along Lake Champlain; and Section 14.10 Conditional Uses.
Zoning District & Dimensional Requirements:
LN Zoning District
Required
Existing
Proposed
$ Min. Lot Size
12,000 SF
10,550
same
Max. Building Coverage
20 %
12.28%
16.0%
Max. Overall Coverage
40 %
22.82%
29%
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♦ Min. Front Setback
20 ft.
"34 ft.
10 ft.
Min. Side Setback
10 ft.
"34 ft.
-44 ft.
4 Min. Rear Setback
30 ft.
-6 ft.
15 ft.
# Waterfront Setback
150 ft.
52 ft.
52 ft.
d Zoning Compliance
tPre-existing nonconforming
♦ Waiver requested from the Board pursuant to 3.06(J) (3)
4 Allowable by Administrative Officer pursuant to 3.06(J) (1)
Subsequent to the receipt of the application, the applicant submitted more accurate measurements of
the existing conditions on the property as follows:
The existing square footage of the existing house including overhangs is 1,295.65 SF not 1,136 SF as
indicated in the application.
The existing impervious coverage (exclusive of the driveway) consisting of stairs, cement & stone is
108.1 square feet.
The Board estimates the existing gravel driveway to consist of approximately 1,004 SF of impervious
cover.
The proposed location would require a waiver to both the front and rear setback requirements. A
decision on the rear setback can be made by the Administrative Officer. The proposed 10 ft. front
setback may be granted by the Board pursuant to 3.06(J) (3) which reads as follows:
J. Exceptions to Setback and Lot Coverage Requirements for Lots Existing Prior to February 28,
1974. 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 effect on:
(a) views of adjoining and/or nearby properties; (appears to be no change)
(b) access to sunlight of adjoining and/or nearby properties, (applicant to provide information at
the meeting on this item).
(c) adequate on -site parking, and (criterion being met).
(d) safety of adjoining and/or nearby property, (criterion being met).
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The Board finds that the above criteria are met based on past experience with reviewing these criteria in
other similar projects.
The Board grants a waiver of 10 ft. to the front setback requirement for a setback of 10 ft. and finds
that the proposed encroachment will not have an undue adverse effect on items (J) (3) a-d above.
Section 12.O1(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:
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 new dwelling is no closer to the lake than the closest portion of the existing structure.
This criterion is satisfied.
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 existing building footprint area is 1,295.65 square feet. The proposed new structure is 1,703
square feet which would be 31.44% larger than the existing structure's footprint. This criterion is
satisfied.
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 an erosion control plan prepared by a licensed professional engineer.
As long as this plan is followed and it accomplishes its intended purposes, then this criterion is
satisfied.
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 existing vegetation and trees,
newly -planted landscaping and trees, proposed native plantings, rain gardens and shrubs. A copy of
the approved Shoreland Protection Individual Permit (Permit Number 49) issued by the Vermont
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Department of Environmental Conservation effective December 4, 2014 has also been provided. The
Board reviewed these materials in depth with the applicant and finds this criterion to be met.
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
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 necessary for 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 applicant has submitted an erosion control plan and existing
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vegetation is to be maintained. The applicant's submission included a landscaping plan depicting existing
vegetation and trees, newly -planted landscaping and trees, proposed native plantings, rain gardens and
shrubs. A copy of the approved Shoreland Protection Individual Permit (Permit Number49) issued by the
Vermont Department of Environmental Conservation effective December 4, 2014 has also been
provided. The Board reviewed these materials in depth with the applicant and finds this criterion 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. This criterion is satisfied.
(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." This criterion is satisfied.
(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. This criterion is
satisfied.
(4) Bylaws and ordinances then in effect.
The new home intrudes no further into the water protection buffer area. As noted above the Board
finds that this projects conforms with Section 12.01(C) & (D)
(5) Utilization of renewable energy resources.
This project will not affect renewable energy resources. This criterion is satisfied.
DECISION
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Motion by Bill Miller, seconded by John Wilking, to approve conditional use application #CU-14-10 of J.
Peter & Diane Sande, 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 Board grants a waiver of 10 ft. to the front setback requirement for a setback of 10 ft.
4. 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.
5. 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
Brian Breslend —
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 5— 0 —1.
6 ---��-
Signed this day of JGr2014, by
Tim Barritt, 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://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.
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