HomeMy WebLinkAboutCU-02-13 - Decision - 0058 Bartlett Bay Road#CU-02-13
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Application #CU-02-13 of Great Northern Construction, Inc. seeking approval under
Section 26.05, Conditional Uses, of the South Burlington Zoning Regulations. Request is
for permission to reconstruct retaining wall, 58 Bartlett Bay Road.
On the 2nd of July 2002, the South Burlington Development Review Board approved the
request of Great Northern Construction seeking approval under Section 26.05,
Conditional Uses of the South Burlington Zoning Regulations based on the following
findings:
1) This project consists of a request for permission to reconstruct a retaining wall.
2) The owners of record are Larry and Nancy Hendricks.
3) This property at 58 Bartlett Bay Road lies within the C. O. and Lakeshore Neighborhood
Districts. The property is bounded on the north and south by residential development, to
the east by Lakeview Lane, and to the west by Lake Champlain.
C.O. DISTRICT CRITERIA
4) Erosion control measures and water -oriented improvements such as docks, seawalls,
steps and walkways leading down to the lake... may be approved provided the following
conditions are met;
(a) The improvement involves, to the greatest extent possible, the use of
natural materials such as wood and stone.
(i) Pressure treated wood is being used.
(b) The improvement will not increase the potential for erosion.
(i) The wall will help prevent additional erosion.
(c) The improvement does not have an undue adverse impact on the
aesthetic integrity of the lakeshore.
(i) The improvement does not have an undue adverse impact.
(d) The improvement results in minimal removal of trees, shrubs and
groundcover. Additional planting may be required to mitigate removal of
vegetation or potential aesthetic impacts.
(i) the proposed project does require the removal of any significant
trees.
CONDITIONAL USE CRITERIA
I
5) The proposed project complies with the stated purpose of the C.O. and Lakeshore
Neighborhood Districts "to maintain and improve the quality of natural resources
such as soil, air, and water and the natural processes by which they are related, and to
insure a safe, healthful, and aesthetically pleasing community" and "to encourage
residential use a densities and setbacks that are compatible with the existing character
of the lake shore neighborhoods located in the vicinity of Bartlett Bay Road and
Holmes Road" -and does not adversely affect:
a) the capacity of existing or planned community facilities - no effect expected
b) the character of the area affected - no adverse effect is expected
c) traffic on roads or highways in the vicinity —the proposed use is not expected to
affect traffic.
d) bylaws in effect- the proposal is in conformance with the zoning regulations
e) utilization of renewable energy resources- there is no utilization of renewable energy
resources to be affected.
f) general public health and welfare - no adverse effect expected.
DECISION AND CONDITIONS
Based on the above Findings of Fact, the South Burlington Development Review Board
approves conditional use application #CU-02-13 of Great Northern Construction, Inc.
seeking approval to reconstruct a retaining wall, as depicted on a site plan entitled "Jane &
Henry Hendricks Topographic Survey So Burlington, Vermont", as prepared by Civil
Engineering Associates, dated 4/25/02, with the following stipulations:
1) All previous approvals and stipulations which are not superseded by this approval shall
remain in effect.
2) 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.
3) The applicant shall obtain a Certificate of Occupancy at the completion of the retaining
wall.
4) Any change to the site plan shall require approval by the South Burlington Development
Review Board.
07-/6=Oz
Date
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