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Home My WebLink AboutCU-14-05 - Decision - 0054 Bartlett Bay Road#CU-14-05 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING CHRIS CONNER --- 54 BARTLETT BAY ROAD CONDITIONAL USE APPLICATION #CU-14-05 FINDINGS OF FACT AND DECISION Conditional use application #CU-14-05 of Chris Conner to raze an existing single family dwelling with a footprint of 2,004 sq. ft. and construct a new single family dwelling with a footprint of 3,004 sq. ft., 54 Bartlett Bay Road. The Development Review Board held a public hearing on June 17, 2014 and July 15, 2014. The applicant represented himself. Based on the plans and materials contained in the document file for this application, the Board finds, concludes, and decides the following: FINDINGS OF FACT The project consists of razing an existing single family dwelling with a footprint of 2,004 sq. ft. and constructing a new single family dwelling with a footprint of 3,004 sq. ft., 54 Bartlett Bay Road. 2. The owners of record of the subject property are Michael M. Metz and Denise Shekerjian. 3. The subject property is located in the Lakeshore Neighborhood District. 4. The application was received on May 8, 2014. 5. The plan set submitted consists of a seven (7) page set of plans. Page two (2) is entitled, "Proposed Conditions & EPSC Site Plan", prepared by Civil Engineering Associates, dated March 24, 2014 and last revised on 7/20/14 (sic). ZONING DISTRICT & DIMENSIONAL REQUIREMENTS LN Zoning District Required Existing Proposed Min. Lot Size 12,000 SF 16,480 16,480 SF Max. Building Coverage 20 % 13.0% 18.0% * Max. Overall Coverage 40 % 26.8% 35.9% Min. Front Setback 20 ft. >>20 ft. >> 20 ft. Min. Side Setback 10 ft. >10 ft. house, 5.8 ft. garage 10 ft. on both sides Min. Rear Setback 30 ft. >30 ft. @ Waterfront Setback 150 ft. 27 ft. 27 ft. d Zoning Compliance #CU-14-05 @ Existing nonconforming * The site plan says existing overall lot coverage is 26.8%, the application says 14.5%, and the Board will be using the information on the site plan as it is more likely to be correct. * The application says 23% overall lot coverage proposed, but the property cannot already be at 26.8% coverage, expand the building footprint by 1000 sq. ft., and end up with less lot coverage than exists today, so the Board will be using the information on the site plan. Testimony was provided at the hearing that the information on the plan is more accurate that the information provided in the application. 6. These criteria are met. Section 12.01(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 April24, 2000. 7. Testimony received at the hearing stated that 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. 8. 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. 9. The proposed structure meets this criterion, as the footprint of the new home is less than 50% larger than the existing home. 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. 10. 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. 2 #CU-14-05 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. 11. The applicant submitted revised plans on July 15, 2014 detailing landscaping plans for the property. This criterion is 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 14.10E : 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. 12. 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. 13. It is the Board's position that the proposed project is 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. 14. 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. 15. This project is compliant with current bylaws and ordinances. (5) Utilization of renewable energy resources. 16. This project will not affect renewable energy resources. This criterion is satisfied. 3 #CU-14-05 Section 12.01 (C) (2) General Stream and Surface Water Protection Standards C. Surface Water Buffer Standards ("Stream Buffers") (1) Applicability. The requirements of this Section shall apply to all lands described as follows: (e) All land within one hundred fifty (150) feet horizontal distance of the high water elevation of Lake Champlain, which for purposes of these regulations shall be one hundred two (102) feet above mean sea level datum. This applicable area extends across more than half of the property. (2) General standards. It is the objective of these standards to promote the establishment of heavily vegetated areas of native vegetation and trees in order to reduce the impact of storm water runoff, reduce sedimentation, and increase infiltration and base flows in the City's streams and Lake Champlain. Therefore, except as specifically permitted by the DRB pursuant to the standards in Section 12.01(C)(3), (C)(4), (D) and/or (E) below, all lands within a required stream buffer defined above shall be left in an undisturbed, naturally vegetated condition. Supplemental planting and landscaping with appropriate species of vegetation to achieve these objectives shall be permitted. The specific standards for the vegetation and maintenance of stream buffers are as follows: (a) The clearing of trees that are not dead, heavily damaged by ice storms or other natural events, or diseased, and the clearing of any other vegetation other than invasive species, is permitted only in conjunction with DRB approval pursuant to (3) or (4) below. (b) Any areas within a required stream buffer that are not vegetated or that are disturbed during construction shall be seeded with a naturalized mix of grasses rather than standard lawn grass, and shall not be mowed more than one (1) time per calendar year after establishment. The applicant submitted a detailed landscaping plan on July 15, 2014. The plan identifies two areas in the southwest and northwest portions of the property that will be planted with naturalized mix of grasses and that shall not be mowed more than one (1) time per year. The plan also indicates that several new trees will be planted and that new plantings will also be placed within and near the top of the lakeshore slope. 17. The Board finds that this plan meets the intent of Section (2) (a) & (b) of the LDRs above and that these criteria are met. (c) The creation of new lawn areas within stream buffers is not permitted after the effective date of these regulations. 18. New lawn areas are not proposed as part of this application. This criterion is met. M I #CU-14-05 (d) Snow storage areas designated pursuant to site plan or PUD review shall not be located within stream buffers unless the applicant can demonstrate that: (i) There is no reasonable alternative location for snow storage on the same property. (ii) Measures such as infiltration areas have been incorporated into the site plan and/or stormwater treatment system to reduce the potential for erosion and contaminated runoff entering the associated stream as a result of snow melt. (3) Expansion of pre-existing structures within stream buffers. The expansion of pre- existing structures within stream buffers, except as provided in Section D below, shall be permitted only in accordance with the standards for non -complying structures in Article 3, Section 3.11 of these Regulations. 19. This criterion is met. See discussion below. (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. Not applicable (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. 20. The applicant submitted an erosion control plan, designed by a licensed professional engineer. The Board finds that this proposal meets the requirement of subsection (b) above. This criterion is satisfied. (c) Encroachments necessary to rectify a natural catastrophe for the protection of the public health, safety and welfare. --------------Not applicable (d) Encroachments necessary for providing for or improving public facilities. 5 #CU-14-05 Not applicable (e) Public recreation paths, located at least ten (10) feet from the edge of channel of the surface water. --------------------Not applicable (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. --------------------Not applicable (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. 21. There is no feasible alternative to the proposed use of the preexisting access drive. The drive is located more than ten (10) feet from the edge of the channel of the surface water. This criterion is met. (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. 22. There is no feasible alternative to the use of preexisting utility service locations. This criterion is met. (i) Outdoor recreation, provided any building or structure (including parking and driveways) appurtenant to such use is located outside the stream buffer. U) 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 Criteria (i)-(k) are not applicable. DECISION The South Burlington Development Review Board hereby approves Conditional Use application #CU-14-05 of Chris Conner subject to the following stipulations: :1 #CU-14-05 1. All previous approvals and stipulations shall remain in full effect except as amended herein. 2. This project shall be completed as shown on the plan 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 pursuant to Section 17.04 of the Land Development Regulations or this approval is null and void. 4. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. Tim Barritt— vea nay abstain not present Mark Behr— yea nay abstain not present Art Klugo — 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 6 — 0 — 0 l 11 Signed this a of c`J T 2014, 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://vermont*udiciary.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. 7