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HomeMy WebLinkAboutCU-11-04 - Decision - 0050 Bartlett Bay RoadCITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING DIANE SANDE— 50 BARTLETT BAY ROAD CONDITIONAL USE APPLICATION #CU-11-04 FINDINGS OF FACT AND DECISION Diane Sande, hereafter referred to as the applicant, is seeking conditional use approval to install water -oriented development consisting of concrete stairs down to the lake, 50 Bartlett Bay Road. This application is being reviewed under Conditional Use criteria and Section 12.01(1)(3) of the South Burlington Land Development Regulations. The Board held a public hearing on this application on September 6, 2011. Diane Sande represented the applicant. Based on testimony provided at the above mentioned public hearing and the plans ands supporting materials contained in the document file for this application, the Development Review Board, finds, concludes, and decides the following: 1. Diane Sande, hereafter referred to as the applicant, is seeking conditional use approval to install water -oriented development consisting of concrete stairs down to the lake, 50 Bartlett Bay Road. 2. The owner of record of the subject property is Diane Sande. 3. The application was received on July 22, 2011. 4. The subject property is located in the Lakeshore Neighborhood Zoning Districts. 5. The plan submitted is entitled "Sande Cottage Improvements 50 Bartlett Bay Road South Burlington Vermont," prepared by Civil Engineering Associates, dated October 2006. #CU-11-04 CONDITIONAL USE CRITERIA Pursuant to Section 14.10(E) of the Land Development Regulations, the proposed conditional use shall meet the following standards: 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 project is consistent with the planned character of the area, as defined by the South Burlington Comprehensive Plan. The proposed use shall conform to the stated purpose of the district in which the proposed use is located. The proposed changes conform to the stated purpose of the Residential 1-Lakeview Neighborhood Zoning District. The use of property is not proposed to change. The changes are minimal and are in large part the simple construction of stairs to connect to an existing cement dock. 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 proposal does not adversely affect the capacity of municipal or educational facilities. (b) The essential character of the neighborhood or district in which the property is located, nor ability to develop adjacent property for appropriate uses. The proposal does not adversely affect the character of the neighborhood. . (c) Traffic on roads and highways in the vicinity. The proposed measures will have no affect traffic on roads or highways in the vicinity. (d) Bylaws in Effect The proposed water -oriented development shall also adhere to Section 12(D)(3) of the South Burlington Land Development Regulations, Surface Water Protection Standards, governing water -oriented development. (a) The improvement involves, to the greatest extent possible, the use of natural materials such as wood and stone. The applicant is proposing cement stairs to be set into the existing rocks which lead to an existing cement dock. The board determined that this is sufficient. CADocuments and Settings\Mark C. Behr\My Documents\South Buf2ington DRB\9.6.11 Meeting Deci sions\CU_11 _04_50Bart1ettBay_Sande_ffd.doc #CU-11-04 (b) The improvement will not increase the potential for erosion. The proposed improvements will result in more natural, sturdy, and modern steps which will guide people to the dock. The Board does not believe that there will be any increased erosion resulting from the proposed changes. (c) The improvement will not have an undue adverse impact on the aesthetic integrity of the Lakeshore. The changes proposed are comparable to those which already exist along to the shoreline in the area. This proposed steps will be no greater in size or view than what currently exists. (d) 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. There are no proposed changes to the existing landscaping. Pursuant to Section 3.13(F) of the Land Development Regulations, the proposed conditional use shall meet the following standards: The Development Review Board in granting conditional use approval may impose conditions of the following: a) Size and construction of structures, quantities of materials, storage locations, handling of materials, and hours of operations. b) Warning systems, fire controls, and other safeguards. c) Provision for continuous monitoring and reporting. d) Other restrictions as may be necessary to protect public health and safety. The Board does not feel it is necessary to impose any of the above conditions on the proposed project. DECISION Motion by Joe Randazzo seconded by Roger Farley to approve Miscellaneous application #CU-11-04of Diane Sande, subject to the following conditions: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in full effect. CADocuments and Settings\Mark C. Behr\My Documents\South Bur3ington DRB\9.6.1 l Meeting Decisions\CU_1 l_04_50Bart1ettBay_S ande_ffd.doc #C U-11-04 2. The 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 or this approval is null and void. 4. Any change to the site plan shall require approval by the South Burlington Development Review Board. Tim Barritt— yea/nay/abstain/not present Mark Behr — yea/nay/abstain/not present Matthew Birmingham — yea/nay/abstain/not present Roger Farley — Yea/nay/abstain/not present Joe Randazzo— yea/nay/abstain/not present Michael Sirotkin — yea/nay/abstain/not present Bill Stuono — yea/nay/abstain/not present Motion carried by a vote of 6 — 0 — 0 Signed this 13th day of September 2011, by Digitally signed by Mark C. Behr Mark C. Behr Arc ite Mark C. Behr, it Richard Henry Behr Architect P.C., ou,empil=mark@rhbpc.com, c=US Date. 2011 09.13 16.49.44-04'00' Mark Behr, Chairman 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 httr):Hvermontoudiciary.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. CADoculnents and Settings\Mark C. Behr\My Documents\South Bulington DRB\9.6.11 Meeting Decisions\CU_ 11 _04_50BartlettBay_Sande_ffd.doc