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.
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(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.
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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
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