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HomeMy WebLinkAboutMS-08-02 - Decision - 0066 Bartlett Bay Road#MS-08-02 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING MARK & LISA KELLEY - 66 BARTLETT BAY ROAD MISCELLANEOUS APPLICATION #MS-08-02 FINDINGS OF FACT AND DECISION Mark Kelley, hereinafter referred to as the applicant, is seeking miscellaneous approval to construct a 437 sq. ft. addition to an existing dwelling with an 876 sq. ft. footprint, 66 Bartlett Bay Road. The Development Review Board held a public hearing on Tuesday, May 6, 2008. Edward Fitzpatrick, Esq., represented the applicant. 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 applicant is seeking miscellaneous approval to construct a 437 sq. ft. addition to an existing dwelling with an 876 sq. ft. footprint, 66 Bartlett Bay Road. 2. The owners of record of the subject property is Mark & Lisa Kelley. 3. The subject property is located in the Lakeshore Neighborhood Zoning District and the in the Floodplain Overlay District. 4. The plan submitted is entitled, "Boundary & Site Plan Mark & Lisa Kelley, 66 Bartlett's (sic) Bay Road South Burlington, Vermont", prepared by Summit Engineering, Inc., /dated 12/6/04, last revised on 4/7/08. Table I. Dimensional Requirements LN Zoning District Re aired Pro osed 4 Min. Lot Size 12,000 SF 9,400 SF Max. Building Coverage 20% 12.3% Max. Overall Coverage 40% 1 17% Min. Front Setback 20 ft. 20 ft Min. Side Setback 10 ft. 10 ft. Min. Rear Setback 30 ft. >30 ft. 4 zoning compliance + pre-existing non-compliance - 1 - #MS-08-02 The maximum height for all structures shall be no more than twenty-five feet above the average pre -construction grade adjoining such structure. The applicant has proposed a height of 25 feet maximum which is in compliance with this criterion. Pre -Existing Structures along Lake Champlain and within Queen City Park This proposed expansion shall be reviewed under Section 12.01(D) of the SBLDR which 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 April 24, 2000. 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. The proposed expansion is no closer to the lake than the existing structure. 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. The proposed expansion meets this criterion: the expansion is 49.9% of the existing structure. 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. The applicant has submitted a sufficient and well -planned erosion control plan. 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. The plan indicates that all trees will remain and meets this criterion. -2- #MS-08-02 DECISION Motion by & h L�?, 014144A , seconded by Lb 6,4 FAAE/ to approve Miscellaneous Applicat n #MS-08-02 of Mark Kelley, subject to th4 following conditions: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in full effect. 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. 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. Mark Behr — e nay/abstain/not present Matthew Birminghkm — nay/abstain/not present John Dinklage /nay/abstain/not present Roger Farley — nay/abstain/not present Eric Knudsen — e ay/abstain/not present Peter Plumeau — /nay/abstain/not present Gayle Quimby — e nay/abstain/not present Motion carried by a vote of �- - b Signed this day of 2008, by John Dink ag , 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. -3- #MS-08-02 You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy; finality). -4-