HomeMy WebLinkAboutCU-02-024 - Decision - 0056 Bartlett Bay Road# CU-02-24
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application #CU-02-24 of George and Barbara Bowers for
conditional use approval under Section 26.05, Conditional Uses, of the South Burlington
Zoning Regulations. Request is for permission to construct a 5'xl6' shed addition to an
existing garage, 56 Bartlett Bay Road.
On the 5`h of November 2002, the South Burlington Development Review Board
approved the request of George and Barbara Bowers seeking conditional use approval
under Section 26.05 of the South Burlington Zoning Regulations, based on the following
findings:
1) This project consists of a request for a 5' x 16' addition to the rear of an existing
garage.
2) The owner of record is George and Barbara Bowers.
3) This property located at 56 Bartlett Bay Road lies within the C. O District. The
property is surrounded by single-family residential development.
4) The Board may approve in a C.O. District along Lake Champlain, the expansion or
reconstruction of pre-existing structures, as conditional use provided the following
criteria are met. All of the criteria are met by the application.
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 the high
water elevation than the existing structure.
The expansion does not extend any closer to the high water mark.
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 existing on April 24, 2000..."
The total building footprint area of the expansion is not more than fifty (50)
percent larger than the footprint of the structure.
CONDITIONAL USE CRITERIA
5) The proposed project complies with the stated purpose of the Conservation Open
Space District "to maintain and improve the quality of natural resources such as soil,
C
air, and water and the natural processes by which they are related, and to insure a
safe, healthful, and aesthetically -pleasing community," and does not adversely affect:
a) The capacity of existing or planned municipal or educational facilities- no effect
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- no effect
expected.
c) Traffic on roads and highways in the vicinity -no effect expected.
d) Bylaws in effect- no effect expected.
e) Utilization of renewable energy resources -no effect expected.
f) General public health and welfare -no effect expected.
DECISION AND CONDITIONS
Based on the above Findings of Fact, the South Burlington Development Review Board
approves conditional use application #CU-02-24 of George and Barbara Bowers, Jr. for
conditional use approval under Section 26.05, Conditional Uses, of the South Burlington
Zoning Regulations. Request is for permission to construct a 5'xl6' shed addition to an
existing garage, 56 Bartlett Bay Road, as depicted on a three(3) page site plan, the first
page entitled "George and Judy Bowers 56 Bartlett Bay Road", as prepared by George and
Judy Bowers, dated 10/1/02, with the following stipulations:
1. All previous approvals and stipulations which are not superseded by this approval
shall remain in effect.
2. Pursuant to Section 3.506 (a)-(c) of the zoning regulations, the applicant complies
with all criteria for expansion within a CO District along Lake Champlain.
3. The applicant shall obtain a zoning permit within six (6) months pursuant to Section
27.302 of the zoning 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.
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'South Burlington Development Review Board
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Date
Please Note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to
24 V S.A. § 4471 and V R C.P. 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 V.S.A. § 4472(d)
(exclusivity of remedy, finality).
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