HomeMy WebLinkAboutCU-09-06 - Decision - 0670 Nowland Farm Road#CU-09-06
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
STEVE AND JENNIFER HEROUX - 670 NOWLAND FARM ROAD
CONDITIONAL USE APPLICATION #CU-09-06
FINDINGS OF FACT AND DECISION
Steve & Jennifer Heroux, hereinafter referred to as the applicants, are seeking
conditional use approval to install a 10 foot high fence in conjunction with a proposed
tennis court, 670 Nowland Farm Road.
The Development Review Board held a public hearing on August 18, 2009. Chris Snyder
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 applicants are seeking conditional use approval to install a 10 foot high fence in
conjunction with a proposed tennis court, 670 Nowland Farm Road.
2. The application was received on July 17, 2009.
3. The owner of record of the subject property are Steve and Jennifer Heroux
4. The subject property is located in the SEQ Natural Resource Protection Zoning
District.
5. The plan submitted is entitled, "Conceptual Site Plan Steve & Jennifer Heroux
Nowland Farm Road South Burlington, VT", prepared by Lamoureux and Dickinson
Consulting Engineers, Inc., dated 8/12/2009.
Pursuant to Section 13.17 of the South Burlington Land Development Regulations
(SBLDR), a fence over eight (8) feet in height shall require approval by the Development
Review Board as a conditional use subject to the provisions of Article 14, Conditional
Use Review.
Pursuant to Section 14.10(E) of the South Burlington Land Development Regulations,
the proposed conditional use shall meet the following standards:
1. The proposed use, in its location and operation, shall be consistent with the
planned character of the area as defined by the City of South Burlington
Comprehensive Plan.
The fence is proposed to be used around a tennis court. This does not conflict with the
planned character of the area and the existing uses in the area.
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#CU-09-06
2. The proposed use shall conform to the stated purpose of the district in which
the proposed use is located.
The use of the property remains a single family home. The addition of the fence will not
detract from that use or the stated purpose of the Southeast Quadrant Zoning District.
3. The Development Review Board must find that the proposed uses will not
adversely affect the following:
(a) The capacity of existing or planned municipal or educational facilities.
The proposal will not adversely affect municipal services.
(b) The essential character of the neighborhood or district in which the property is
located, nor ability to develop adjacent property for appropriate uses.
The proposal is in keeping with the character of uses on surrounding properties and will
not adversely affect the character of the area or the ability to develop adjacent
properties.
(c) Traffic on roads and highways in the vicinity.
There will be no increased traffic based on the installation of the fence for a residential
tennis court.
(d) Bylaws in effect.
The fence as proposed will require a rear yard setback waiver of 20 feet; see below for a
discussion on this item.
(e) Utilization of renewable energy resources.
The proposal will not affect renewable energy resources.
(0 General public health and welfare.
The proposal will not have an adverse affect on general public welfare or the health of
the surrounding public.
Pursuant to Section 13.17 of the SBLDR, a fence over eight (8) feet in height shall be
considered a structure subject to normal setback requirements for the zoning district,
unless otherwise approved by the Development Review Board as a conditional use.
The proposed fence is 10 feet high and is proposed to be located ten (10) feet from the
side yard property line, and only eight (8) feet from the rear yard property line. The
setbacks in the district require a ten foot setback to the side, and 30 feet to the rear.
Therefore the applicant is seeking a rear yard setback waiver for the fence of twenty-two
(22) feet.
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#CU-09-06
Furthermore, the SBLDR which address the Southeast Quadrant Zoning District
specifically states that "chain link fencing other than for agricultural purposes shall be
prohibited."
DECISION / / /An
Motion byv� C� U , seconded by �r!� ,�1 1 ��G(1�i�'vlto
approve Condit onal Use Applic tion #CU-09-06 of Steven and Jennifer Heroux subject
to the following conditions:
1. All previous approvals and stipulations which are not superseded by this approval
shall remain in 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 and Zoning.
3. Chain link fencing is not permitted. The applicant shall utilize a fencing material
which is in accordance with the South Burlington Land Development Regulations.
4. The Board grants the applicant's request for a rear yard setback waiver of twenty-two
(22) feet.
5. 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.
6. Any change to the site plan shall require approval by the South Burlington
Development Review Board or the Administrative Officer.
Mark Behr - yea/nay/abet in of presen
Matthew Birmingha ea nay a stain/not present
John Dinklage -I a nay a stain/not-present
Roger Farley - yea/nay/abstain not present
Eric Knudsen - yea/nay/abstain of present
Gayle QuimbWeaay/abstain/not
nay/abstain/not present
Bill Stuono - present
Motion carried by a vote of I- (> - b
Signed this day of 2009, by
r
John Dinklage, Chairma
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRECP 5 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.
You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy;
finality).
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