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HomeMy WebLinkAboutCU-02-26 - Decision - 0052 Bartlett Bay Road#CU-02-26 FJ PAN&S QF—FAGT—J�C1SION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, application #CU-02-26 of Frank & Mary Mazur for conditional use approval under Section 26.05, Conditional Uses and Section 5.506, of the South Burlington Zoning Regulations. Request is for permission to construct a 5' x 14' second story deck, 52 5artlett Bay Road. On the 4t" day of March 2003, the South Burlington Development Review Board approved the request of Frank & Mary Mazur for conditional use approval under Section 26.05 and Section 3.506 of the South Burlington Zoning Regulations, based on the following findings: 1. This application consists of a request for approval of a 5' x 14' foot second story deck addition. This deck has already been constructed. 2. The owners of record of this property are Frank & Mary Mazur 3. This property located at 52 Bartlett Bay Road lies within the C.O. District. It is bounded on the west by Lake Champlain, on the east by Bartlett Bay Road, and on the north and south by single-family residences. CONDITIONAL USE CRITERIA 4. The proposed project complies with the stated purpose of the Conservation & Open 5pace District, "to maintain and improve the quality of natural resources such as soil, air, and water," and does not adversely affect: a. The capacity of existing or planned municipal or educational facilities — no affect expected. b. The essential character of the neighborhood or district in which the property is located, nor the ability to develop adjacent property for appropriate uses. This second story deck is approximately 10 feet from the south boundary line. This property to the south is currently developed with a seasonal camp. The owners of this property, Peter and Diane Sande, have expressed concern that this second story deck overlooking their property would reduce their privacy. In order to mitigate the impact of this deck on the 5ande's privacy, the Board will require a privacy screen along the south side of the deck. c. Traffic on roads and highways in the vicinity— no affect expected. d. Bylaws in effect — no affect expected. e. Utilization of renewable energy resources — no affect expected. f. General public health and welfare — no affect expected. 5. Expansion of a pre-existing Structure within the C.O. District along Lake Champlain is a conditional use under Section 3.506 of the zoning regulations, if the following additional criteria are met. a. The structure to be expanded or reconstructed was in existence on April 24, 2000. The structure was in existence on April 24, 2000. b. The expanded or reconstructed structure does not extend any closer to high water elevation than the existing structure. The proposal does not include expansion any closer to the high water elevation. c. The total building footprint area of the expanded or reconstructed structure shall not be more than fifty (50) percent larger than the footprint of the structure lawfully in existence on April 24, 2000. The expansion does not include any additional footprint. d. Erosion control measures: N/A e. Existing trees and ground cover shall be preserved. The applicant does not propose any cutting of existing plant materials. 6. 5-etbacks: There are no setback requirements for the C.O. District. However, in the adjacent residential Lakeshore Neighborhood District the side yard setback requirement is 10 feet. The proposed deck is approximately 10 feet from the south boundary line. 7. Landscaping: The applicants out a Crimson King Norway Maple Tree on August 2, 2000 on land owned by the 5andes. Since this property is located in the C.O. District, this tree should be replaced. DECI!5LON_& CONDITION5 Based on the above Findings of Fact, the South Burlington Development Review Board approves application #CU-02-26 of Frank & Mary Mazur for conditional use approval under 5ection 26.05, Conditional Uses, and Section 3.506 of the 5outh Burlington Zoning Regulations. Request is for permission to construct a 5' x 14' second story deck, 52 Bartlett Bay Road, as depicted on a three (3) page set of plans, page one (1) entitled, "Mary Mazur 52 Bartlett Bay Road 5outh Burlington, Vermont 05405", with the following stipulations: 1. All previous approvals and Stipulations which are not superseded by this approval shall remain in effect. l 2. Pursuant to 5ection 5.506 (a) — ( c ) of the zoning regulations, it is the Board's opinion that the applicant complies with all criteria for expansion within the C.O. District along Lake Champlain. 3. The applicant shall mitigate the visual impact of the second story deck by: 1) planting a Maple Tree with a minimum 2.5" caliper in the same general location as the tree that was recently out down by July 11 2003, and 2) constructing a privacy screen along the south side of the second story deck at least four (4) feet in height. 4. The applicant Shall obtain a zoning permit within six (6) months pursuant to 5ection 27.502 of the zoning regulations or this approval is null and void. 5. Any change to the site plan shall require approval by the 5outh Burlington Development Board. Members voting in favor of this decision: John Dinklage, Gayle Quimby, Larry Kupferman, Roger Farley, Mark Boucher. Members voting against: None Members abstaining: Chuck Bolton / Chairman or�44 k Date South Burlington Development Review Board Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 V5A 4471 and VRCF 76 in writing, within 30 days of the date this decision is issued. The fee is $150.00. 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 V5A 4472 (d) (exclusivity of remedy; finality).