HomeMy WebLinkAboutCU-09-09 - Decision - 0670 Nowland Farm Road#SP-09-76
#CU-09-09
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
STEVE AND JENNIFER HEROUX - 670 NOWLAND FARM ROAD
SITE PLAN APPLICATION #SP-09-76
CONDITIONAL USE APPLICATION #CU-09-09
FINDINGS OF FACT AND DECISION
Steve and Jennifer Heroux, hereafter referred to as the applicants, are seeking site plan
review and conditional use approval to construct a 1065 sq. ft. accessory residential unit,
670 Nowland Farm Road.
The Development Review Board held a public hearing on October 20, 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 site plan review and conditional use approval to construct
a 1065 sq. ft. accessory residential unit, 670 Nowland Farm Road.
2. The application was received on September 16, 2009.
3. The owner of record of the subject property is Steve and Jennifer Heroux
4. The subject property is located in the SEQ Zoning District.
5. The plans submitted is entitled, "Site Plan Steven & Jennifer Heroux Nowland Farm
Road South Burlington, VT", prepared by Lamoreaux and Dickinson Consulting
Engineers, Inc, dated 9/16/2009.
ACCESSORY RESIDENTIAL UNITS
Pursuant to Section 3.10(E)(1) of the proposed Land Development Regulations, in any
district where a single-family residence is a principal permitted use, one (1) accessory
residential unit within or attached to a primary single-family residence or within an existing,
permitted accessory structure may be permitted by the DRB in accordance with Article 14,
Site Plan Review, and the following additional criteria:
(a) Floor space of the accessory residential unit shall not exceed thirty percent (30%) of
the total habitable area of the single-family dwelling unit.
The single family dwelling unit is 6911 SF. The accessory residential unit is proposed to
be 1065 SF, or 15.4% of the habitable area of the principal dwelling. Thus, the applicant
is in compliance with this criterion.
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(b) The principal dwelling shall be owner occupied.
The applicants currently reside in the principal dwelling. The principal dwelling must
remain owner -occupied.
1. The principal dwelling shall remain owner -occupied.
(c) Adequate wastewater capacity is available to service the accessory unit, as
demonstrated by the issuance of a Wastewater Allocation or on -site wastewater
permit pursuant to the South Burlington Ordinance regulating the use of public
and private sanitary sewage and stormwater systems.
2. The applicant shall apply for wastewater allocation from the Director of
Planning and Zoning.
(d) Two additional off-street parking spaces shall be provided on the same lot, either in a
garage or a driveway, or not in any areas required to meet coverage limitations, or
any front yard other than a driveway, required by these Regulations.
The site plan shows three multi -car garages and space enough in the driveway for
several vehicles. This is far more than sufficient to satisfy this requirement.
(e) A zoning permit shall be required for the accessory residential unit.
3. The applicant shall obtain a zoning permit from the Administrative Officer for
the accessory residential unit.
SITE PLAN REVIEW STANDARDS
Section 14.06 of the South Burlington Land Development Regulations establishes the
following general review standards for all site dan aDDlications:
(a) The site shall be planned to accomplish a desirable transition from structure to site,
from structure to structure, and to provide for adequate planting, safe pedestrian
movement, and adequate parking areas.
There is adequate consideration given to pedestrian movement and parking on the site.
(b) Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
Parking is to the front and side of the building. However, given that the nature of the project
as a single-family residential use, staff finds this layout acceptable and in harmony with the
rest of the neighborhood.
(c) Without restricting the permissible limits of the applicable zoning district, the height
and scale of each building shall be compatible with its site and existing or adjoining
buildings.
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The height of the proposed addition is 13'11" and within the limits specified by the SBLDR.
(d) Newly installed utility services and service modifications necessitated by exterior
alterations or building expansions shall, to the extent feasible, be underground.
The applicant has not proposed any additional lighting as part of this application.
(e) The DRB shall encourage the use of a combination of common materials and
architectural characteristics, landscaping, buffers, screens and visual interruptions
to create attractive transitions between buildings of different architectural styles.
The principal residential dwelling and accessory unit are in compliance with this criterion.
(� Proposed structures shall be related harmoniously to themselves, the terrain, and to
existing buildings and roads in the vicinity that have a visual relationship to the
proposed structures.
The principal residential dwelling and accessory unit are in compliance with this criterion.
Site plan applications shall meet the following specific standards as set forth in Section
14.07 of the South Burlington Land Development Regulations:
(a) The reservation of land may be required on any lot for provision of access to
abutting properties whenever such access is deemed necessary to reduce curb
cuts onto an arterial of collector street, to provide additional access for emergency
or other purposes, or to improve general access and circulation in the area.
It is not necessary to require any additional access easements as part of the proposed
project.
(b) Electric, telephone and other wire -served utility lines and service connections shall
be underground. Any utility installations remaining above ground shall be located so
as to have a harmonious relation to neighboring properties and to the site.
Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines,
services, and service modifications shall be underground.
(c) All dumpsters and other facilities to handle solid waste, including compliance with
any recycling or other requirements, shall be accessible, secure and properly
screened with opaque fencing to ensure that trash and debris do not escape the
enclosure(s).
As the subject building is a single family residence, trash will be maintained inside the
building until time for trash pickup.
Traffic
This project will not generate a sufficient amount of traffic to warrant concern or further
review.
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CONDITIONAL USE CRITERIA
Pursuant to Section 3.10(E), Conditional Use Review by the Development Review Board
shall be required if the establishment of the accessory residential unit involves the
"construction of a new accessory structure, an increase in the height or floor area of the
existing single-family dwelling..... "
The DRB must find that the proposed uses will not adversely affect the following:
(a) The capacity of existing or planned municipal or educational facilities.
Educational facilities will not be affected, as the accessory apartment will be occupied by
no more than two individuals. In addition, the accessory apartment will not adversely
affect other 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 residential 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.
The addition of one or two residents will have negligible affects on traffic in the vicinity.
(d) Bylaws in effect.
The proposed project is in keeping with regulations, provided the applicant obtains water
and sewer allocation.
(e) Utilization of renewable energy resources.
The proposal will not affect renewable energy resources.
(0 General public health and welfare
The proposed accessory apartment will not have an adverse affect on general public
welfare.
Other
The accessory dwelling unit is limited to only one (1) bedroom.
4. The accessory dwelling unit is limited to only one (1) bedroom.
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DECISION
Motion by Gayle Quimby, seconded by Roger Farley, to approve Site Plan Application
#SP-09-76 and Conditional Use Application #CU-09-09 of Steve 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. The principal dwelling shall remain owner occupied
4. The applicant shall obtain final wastewater approval from the Director of Planning
and Zoning prior to permit issuance.
5. The accessory dwelling unit is limited to one (1) bedroom.
6. 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.
7. Any change to the site plan shall require approval by the South Burlington
Development Review Board or the Administrative Officer.
Mark Behr — yea/nay/abstain/not present
Matthew Birmingham — yea/nay/abstain/not present
John Dinklage — yea/nay/abstain/not present
Roger Farley — yea/nay/abstain/not present
Eric Knudsen — yea/nay/abstain/not present
Gayle Quimby — yea/nay/abstain/not present
Bill Stuono — yea/nay/abstain/not present
Motion carried by a vote of 5-0-0
Signed this J day of ke) Ve VIA Lle'r 2009, by
Gayle Quimby, Clerk
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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