The URL can be used to link to this page

Home My WebLink AboutCU-03-06 - Decision - 0078 Oakwood DriveCITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING DEVELOPMENT REVIEW BOARD ACCESSORY RESIDENTIAL UNIT — 78 OAKWOOD DRIVE CONDITIONAL USE APPLICATION #CU-03-06 FINDINGS OF FACT, CONCLUSIONS & DECISION Amy Vaudreuil, hereafter referred to as the applicant, is requesting approval for an accessory residential unit at 78 Oakwood Drive. The South Burlington Development Review Board (DRB) held a public hearing on April 15, 2003. The applicant was not present at the hearing. Based on testimony given at the above mentioned public hearing and on the plans and supporting materials contained in the document file for this application, the DRB finds, concludes and decides as follows: FINDINGS OF FACT The applicant is requesting approval for an accessory residential unit at 78 Oakwood Drive. 2. The subject property contains approximately 0.17 acres and is located in the Residential 4 (R4) District. 3. The proposal must comply with both the Zoning Regulations and the proposed Land Development Regulations. CONCLUSIONS 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, an accessory residential unit within or attached to a primary single family residence may be permitted by the DRB in accordance with the conditional use criteria and the following additional criteria: (a) With the exception of lots in R1, R2, and SEQ Districts that are one-half (112) acre or greater in area, occupancy of the accessory residential unit is restricted to not more than two persons, one of whom is either (i) related by blood, marriage, or adoption to the owner of the primary single-family residence, or (ii) is disabled as defined in subdivision 252(2) of Title 18, or (iii) is at least 55 years of age. This criterion is equivalent to the criterion set forth in Section 26.751 of the Zoning Regulations. The applicant has proposed one resident for the accessory apartment, David Deschamps, who is a person with a disability. (b) On lots that are one-half (112) acre or greater in size in the R1, R2 and SEQ districts, occupancy of the accessory residential unit is restricted to not more than two persons and no additional restrictions shall apply. FINDINGS OF FACT, CONCLUSIONS & DECISION ACCESSORY RESIDENTIAL UNIT — 78 OAKWOOD DRIVE CONDITIONAL USE #CU-03-06 2. This criterion does not apply to the subject property. (c) Floor space of the accessory residential unit shall not exceed 600 square feet or 30% of the gross floor area of the original dwelling unit, whichever is less. 3. This criterion is similar to that set forth in Section 26.752 of the Zoning Regulations, which stipulates that the accessory unit shall not exceed 30% of the original floor space or 400 sq. ft., whichever is greater. The applicant has indicated that the total square footage of the house is 2,374. Thirty percent of this area is 712.2 sq. ft. Therefore, the maximum size of the accessory apartment shall be 600 sq. ft. The proposed accessory apartment is 652 sq. ft. This does not comply with the requirement of the proposed Land Development Regulations. (d) Maximum occupancy of the accessory residential unit shall be two persons. 4. One person will occupy the accessory apartment. (e) The principal dwelling shall be owner -occupied. 5. This is equivalent to the criterion set forth in Section 26.753 of the Zoning Regulations. The applicant is also the owner of the subject property and will reside in the principal dwelling unit. (t) No exterior alteration, other than the entranceways and other alterations required by the Vermont building code are made to the principal dwelling. 6. Based on the plan submitted by the applicant, it appears that no exterior alterations will be made to the principal residence. (g) No exterior entrance or other alterations shall be made to the front of the original dwelling. 7. Again, it appears that no exterior alteration will be made. (h) Public water and sewer shall be provided to all residences on the lot. 8. The applicant must obtain water and wastewater allocation to service the accessory apartment. Accordingly, an application for water allocation must be submitted to the South Burlington Water Department and an application for sewer allocation must be submitted to the Director of Planning and Zoning. (i) No home occupation shall be conducted in an occupied accessory apartment. 9. The City Attorney has advised that this stipulation is not allowed pursuant to V.S.A. 24 § 4406, which prohibits municipal regulations from infringing upon the right of any resident to use a minor portion of a dwelling for a home occupation. \d rb \m is c\va u d re u i l\C U-03-06. fcd. d oc 2 FINDINGS OF FACT, CONCLUSIONS & DECISION ACCESSORY RESIDENTIAL UNIT— 78 OAKWOOD DRIVE CONDITIONAL USE #CU-03-06 U) One additional off-street parking space shall be provided on the same lot. 10. The applicant has indicated that the driveway can accommodate 2 parked cars and the garage can accommodate a third vehicle. This complies with the parking requirement. (k) A zoning permit shall be required for each accessory apartment. 11. Prior to constructing the accessory apartment, the applicant must obtain a zoning permit from the Administrative Officer. CONDITIONAL USE CRITERIA 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. 12. Educational facilities will not be affected, as the accessory apartment will be occupied by only one adult individual. 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. 13. 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. 14. The addition of one adult resident will have negligible affects on traffic in the vicinity. (d) Bylaws in effect. 15. The proposal is in keeping with regulations, provided the applicant obtains water and sewer allocation, and the apartment does not exceed 600 sq. ft.. (e) Utilization of renewable energy resources. 16. The proposal will not affect renewable energy resources. (t) General public health and welfare 17. The proposed accessory apartment will not have an adverse affect on general public welfare. \d rb \m i s c\v a n d re u i l \C U- 0 3- 06 . f cd . d oc 3 FINDINGS OF FACT, CONCLUSIONS & DECISION ACCESSORY RESIDENTIAL UNIT— 78 OAKWOOD DRIVE CONDITIONAL USE #CU-03-06 DECISION MOTION by seconded by %any �Up�e�n'larl to approve conditional use application #CU-03-06, subject to the following conditions: This project shall be completed as shown on the plans submitted to the DRB by the applicants, as amended by this decision and on file in the Department of Planning and Zoning. 2. This approval will allow one accessory residential unit within the primary residential structure at 78 Oakwood Drive. 3. This approval does not constitute approval for a permanent additional dwelling unit. If the owner no longer resides in the principal dwelling unit or the occupant(s) of the accessory unit no longer meet(s) the criteria set forth in Section 26.751 of the Zoning Regulations and Section 3.10(E)(1) of the proposed Land Development Regulations, the accessory apartment shall be reincorporated into the primary residence by removal of the kitchen. 4. Pursuant to Section 27.302 of the Zoning Regulations and Section 17.04 of the proposed Land Development Regulations, the applicant shall obtain a zoning permit within six months of this decision. 5. Prior to the issuance of a zoning permit, the applicant must provide the following: a. Evidence of water allocation approval from the South Burlington Water Department. b. Evidence of sewer allocation approval from the Director of Planning and Zoning. C. The applicant must submit a new plan that demonstrates that the accessory apartment will not exceed 600 sq. ft. 6. Prior to occupation of the accessory apartment, the applicant shall obtain a certificate of occupancy/compliance from the Administrative Officer. Mark Boucher—)Vnay/abstain Larry Kupferman a nay/abstain Roger Farley -�fnay/abstain Gayle Quimby a ay/abstain Michele Kupersmith nay/abstain MOTION CARRIED by a vote of - D - C, . Signed this _� day of �.-1 2003, by Mark Boucher, Vice Chair \drb\m isc\vaudreuiRCU-03-06Jcd.doc 4