HomeMy WebLinkAboutCU-04-11 - Decision - 0052 Bartlett Bay RoadCITY of SOUTH BURLINGTON
DEPARTMENT of PLANNING & ZONING
FRANK & MARY MAZUR - 52 BARTLETT BAY ROAD
CONDITIONAL USE APPLICATION #CU-04-11
FINDINGS of FACT AND DECISION
Frank and Mary Mazur, referred to hereafter as the applicants, are requesting
conditional use approval under Section 14.10 of the South Burlington Land Development
Regulations. The request is for permission to expand a single family dwelling by
constructing a covered 10' x 30' second story porch, 52 Bartlett Bay Road. The
Development Review Board held a public hearing on November 9, 2004. Mary Mazur
was present at the meeting.
Based on testimony provided at the above mentioned public hearing and the plans and
supporting 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 are requesting conditional use approval under Section 14.10 of
the South Burlington Land Development Regulations. The request is for
permission to expand a single family dwelling by constructing a covered 10' x 30'
second story porch, 52 Bartlett Bay Road.
2. The owners of record of the subject property are Frank and Mary Mazur.
3. The subject property is located in the Lakeshore Neighborhood Zoning District.
4. The plans consist of a four (4) page set of plans, page one (1) entitled,
"Proposed Addition Second Floor Plan Proposed Addition", prepared by the
applicants.
The porch, which is the subject of this application, is mostly constructed. Staff
discovered that the structure was under construction without a zoning permit and
requested that the applicant apply to the Development Review Board for approval.
Pursuant to Section 12.01(D) of the Land Development Regulations, the expansion of
and reconstruction of pre-existing structures may be approved by the Development
Review Board as a conditional use provided the requirements of the underlying zoning
district and and the following standards are met:
(a) The structure to be expanded or reconstructed was originally constructed on
or before April 24, 2000. For purposes of these Regulations, expansion may
include the construction of detached accessory structures including garages and
utility sheds.
The existing single-family dwelling on the subject property was in existence prior to April
24, 2000.
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(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 addition will not extend any closer to the applicable high water elevation
than the closest point of the existing structure.
(c) The total building footprint area of the expanded or reconstructed structure
shall not be more than fifty percent (50%) larger than the footprint of the structure
lawfully existing on April 24, 2000. For purposes of these regulations,
reconstruction may include razing the existing structure and/or foundation and
constructing a new structure in accordance with the provisions of the underlying
zoning district regulations and this section.
The proposed 300 square foot addition will not create an increase to the existing
footprint.
(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 is not necessary for the proposed project.
(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.
A landscaping plan is not required for the proposed project because the addition is on the
second floor.
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 addition to the existing single-family dwelling is in keeping with the planned
character of the area as identified in 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 4.07(A) of the Land Development Regulations, The Lakeshore
Neighborhood District (LN) is hereby formed in order to encourage residential use at
densities and setbacks that are compatible with the existing character of the /akeshore
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neighborhoods located in the vicinity of Bartlett Bay Road and Holmes Road. The District
is designed to promote the area's historic development pattern of smaller lots and
minimal setbacks.
The addition to the existing single-family dwelling is keeping in with the purpose of the
LN Zoning 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 additional structure will not adversely affect municipal services.
(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 additional structure is in keeping with the character of surrounding properties and
will not adversely affect the character of the area or the ability to develop adjacent
properties.
(c) Traffic on roads and highways in the vicinity.
The additional structure will not affect traffic in the vicinity.
(d) Bylaws in effect.
The additional structure is in keeping with applicable bylaws.\
(e) Utilization of renewable energy resources.
The additional structure will not affect renewable energy resources.
(t) General public health and welfare.
The additional structure will not have an adverse affect on general public welfare.
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:
1. Size and construction of structures, quantities of materials, storage locations,
handling of materials, and hours of operations.
It is not necessary to impose any of these conditions to the additional structure.
2. Warning systems, fire controls, and other safeguards.
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It is not necessary to impose any of these conditions to the additional structure.
3. Provision for continuous monitoring and reporting.
It is not necessary to impose any of these conditions to the additional structure.
4. Other restrictions as may be necessary to protect public health and safety.
It is not necessary to impose any of these conditions to the additional structure.
Other
The April 20th, 2004 Decision by the Development Review Board for the approval of the
5' x 14' roof structure stated that "the applicant shall plant a maple tree with a minimum
2.5" caliper in the same general location as the tree that was removed on August 2, 2000,
by August 1, 2004." It is the Board's understanding that this tree has not yet been planted,
which is a violation of the last approval.
DECISION
Motion by 6 t` -- seconded by � �/� /✓ C�/ �/�
to approve Conditional Use Applica ion #CU-04-11 of Frank & Mary Mazur, subject to
the following conditions:
1. All previous approvals and stipulations shall remain in effect, except as amended
herein.
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 & Zoning.
3. Pursuant to Section 17.04(B) of the South Burlington Land Development
Regulations, the applicant shall obtain a zoning permit within six (6) months of
this decision.
4. Any change to the site plan shall require approval by the South Burlington
Development Review Board.
WE
Chuck Bolton tnay/abstainLn�resent
ay/abstain/not present
Mark Boucher nay/abstain/not present
John Dinklage
Roger Farley — yea/na /abstain of resen
Michele Kupersmith ye nay/pbstain/not present
Larry Kupferman —yea nay/abstai not presen
Gayle Quimby —&nay/abstain/not present
Motion carried by a vote of ,�- 6 - v
Signed this day of November, 2004 by
ohn Dinklage, Chair
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this
decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to
challenge this decision at some future time may be lost because you waited too long.
You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy;
finality).
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