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CU-03-06 - Supplemental - 0078 Oakwood Drive
CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 April 16, 2003 Amy Vaudreuil 78 Oakwood Drive South Burlington, VT 05403 Dear Ms. Vaudreuil: Notice of Decision Accessory Residential Unit— 78 Oakwood Drive Conditional Use Application CU-03-06 Enclosed please find a copy of the Development Review Board's (DRB) Findings of Fact, Conclusions and Decision for an accessory residential unit within your house at 78 Oakwood Drive. The DRB's approval is subject to the 6 conditions listed on page 4 of the enclosed decision. Accordingly, you will need to revise your plans to show that the accessory apartment will not exceed 600 sq. ft. and indicate on the revised plans the total number of bedrooms currently in the house, as well as the total number of bedrooms after the establishment of the accessory apartment. If the apartment results in an increase in the number of bedrooms, you will need to call South Burlington Water Superintendent Jay Nadeau to determine whether your accessory apartment will require additional water allocation. In addition, if the apartment results in an increase in the number of bedrooms, you will need to submit an application to our office for increased sewer allocation. Once these issues are addressed you will then need to get a zoning permit from our office. Condition number 3 of the DRB's approval requires that the accessory apartment be reincorporated into the primary residence by removal of the kitchen if you no longer reside in the primary residence but remain the owner of the property. In other words, an accessory apartment can only be maintained on the property if the owner actually lives there. If you want to sell your home at some point, it would be up to the buyer to comply with this requirement. If you decide not to pursue the accessory apartment, the DRB's approval will simply expire on October 16, 2003. If you have any questions concerning this approval, please call me at the Planning and Zoning Office. Sincerely yours, Janet M. Hurley Associate Planner Enclosure: #CU-03-06 1drb\*Waudreui1\CU-03-06.cor.doc CITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD \d rb\m isc\va ud re u i Raccessory. srp.doc DEPARTMENT OF PLANNING & ZONING Report preparation date: April 10, 2003 Plans received: March 10, 2003 CONDITIONAL USE APPLICATION #CU-03-06 ACCESSORYAPARTMENT — 78 OAKWOOD DRIVE Meeting date: April 15, 2003 Owner/Applicant Amy Vaydreuil 78 Oakwood Drive South Burlington, VT 05403 Location Map ProDerty Information Tax Parcel 1240 00078 R Volume 471, Page 94 R4 District ±0.17 Acres CITY OF SOUTH BURLINGTON 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\misc\vaudreuil\accessory srp doc PROJECT DESCRIPTION Amy Vaudreuil, hereafter referred to as the applicant, is requesting conditional use approval for an accessory residential unit at 78 Oakwood Drive. The subject property contains approximately 0.17 acres falls within the Residential 4 (R4) District. COMMENTS Associate Planner Janet Hurley and Administrative Officer Raymond Belair, referred to herein as staff, have reviewed the Site Plan submitted on March 10, 2003, and have the following comments. Staff notes that the proposal must comply with both the Zoning Regulations and the proposed Land Development Regulations, 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, 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. 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. 1. The accessory apartment must be decreased in size so that it does not exceed 600 sq. ft. 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. CITY OF SOUTH BURLINGTON 3 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\misc\vaudreuil\accessory srp doc (d) Maximum occupancy of the accessory residential unit shall be two persons. One person will occupy the accessory apartment. (e) The principal dwelling shall be owner -occupied. 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. 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. Again, it appears that no exterior alteration will be made. (h) Public water and sewer shall be provided to all residences on the lot. 2. The applicant must submit an application for water allocation to the South Burlington Water Department and an application for sewer allocation to the Director of Planning and Zoning. 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. The City Attorney has advised staff 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. (l) One additional off-street parking space shall be provided on the same lot. 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. Prior to constructing the accessory apartment, the applicant must obtain a zoning permit from the Administrative officer. CITY OF SOUTH BURLINGTON 4 DEVELOPMENT REVIEW BOARD CONDITIONAL USE CRITERIA DEPARTMENT OF PLANNING & ZONING \drb\misc\vaudreuil\accessory srp doc 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 only one adult individual. In addition, staff believes that 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. Staff believes that 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 adult resident will have negligible affects on traffic in the vicinity. (d) Bylaws in effect. 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. The proposal will not affect renewable energy resources. (f) General public health and welfare Staff does not believe that the proposed accessory apartment will have an adverse affect on general public welfare. RECOMMENDATION Staff recommends that the Development Review Board approve this conditional use application, subject to the following conditions: This approval will allow one accessory residential unit within the primary residential structure at 78 Oakwood Drive. 2. 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. 3. The applicant shall obtain a zoning permit within six months of this decision. UI ILLY OF SOUTH BURLINGTON 5 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING rbimisc\yaudreuilliaccessory sr p doc 4. Prior to the issuance -fa zoning permit, the applicant must provide the folly0ing 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. 5. Prior to occupation of the accessory apartment, the applicant shall obtain a certificate of occupancy/compliance from the Administrative Officer. Respectfully submitted, W. Cd4 Janet M. Hurley, AssociaV Planner Copy to: Amy Vaudreuil, Applicant -pod 4or 1-9/ 4Y vopu f CITY OF SOUTH BURLINGTON DEPARTMENT OF PI ANN➢NO & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 April 11, 2003 Amy Vaudreuil 78 Oakwood Drive 5. Burlington, Vermont 05403 Re: 78 Oakwood Drive Dear Ms. Vaudreuil: Enclosed is the agenda for next Tuesday's Development Review Board meeting and staff comments to the Board. Please be sure that Someone iS at the meeting on Tuesday, April 15, 2003 at 7:30 p.m. at the City Hall Conference Doom, 575 Dorset Street. Sincerely,-� Raymond J. Belair Administrative Officer Encl. DEPARTMENT OF PLANNING & ZON➢I'TG 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 April 11, 2005 5aulius Dutenas 76 Oakwood Drive 5. Burlington, VT 05405 Dear Property Owner: Enclosed is a copy of a public notice published in the Burlington Free Press. It includes an application for development on property located near your property. This is being Sent to you to make you aware that a public hearing is being held regarding the proposed development. If you would like to know more about the proposed development, you may call this office at 546-4106 or attend the Schedule public hearing. sincerely, 1 Raymond J. Belair Administrative Officer Encl. i CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 April 11, 2003 David & Nadine Thibault 80 Oakwood Drive 5. Burlington, VT 05405 Dear Property Owner: Enclosed is a copy of a public notice published in the Burlington Free Press. It includes an application for development on property located near your property. This is being sent to you to make you aware that a public hearing is being held regarding the proposed development. If you would like to know more about the proposed development, you may call this office at 846-4106 or attend the schedule public hearing. Sincerely, d o r I�ay and J. Belair Administrative Officer Encl. PUBLIC }TEARING SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD The South Burlington D e v e I o p m a n t Review Board will hold a .public hearing at the South Bur- lington City Hall, Confer- ence Room, 575 Dorset' Street,. South Burlington, Vermont. on Tuesdayy April 15, 2003, at 7:30 P.M. to consider the fol- 16wing: 1.. Preliminary plat application #SD-03-16 of Marie Dubois to subdi- vide a_ 5.06 acre 'parcel Into six (6) lots and boundary lineadjustment between 79 Butler Drive (lot #68) and the lot to be subdivided, Butler Drive. 2. Application #CU-03-06 of Amy E: Vaudreuil seeking ; condl- Donal use approval under Section 26.05, Condi- tional Uses,. ` of the 'cur- rent zoning regulations and under Section14,10, Conditional Use -Review: General Provisions and Standards, of the pro- posed; Land Development Regulations_ Request is for permission for an ac- cessory residential unit, 78 Oakwood Drive. 3. Application #CU•O3-07 of Timothy H. Clark seeking condi- tional use approval under Section 26.05, Condi= tional . Uses, of the cur- rent zoning regulations and under Section 14.10; Conditional Use Review: General Provisions . and Standards, of the pro- posed Land Development Regulations. Request is for permission to allow a front entry to extend two (2) feet beyond the ,limi- tations set forth in Sec- tion 25.118 (h) of the current zoning regula- tions and Section 3.06. (J) (2) of the proposed Land Development Regu- lations, 15 Lindenwood, Drive. Copies of the appp.lica tions are available for public inspection at the South Burlington City Hall. John Dlnklage, Chairman . South Burlington Review Board March 29,2003 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNViG & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 Ir Permit Number � V -�- (y�2_ All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the site plan will result in your application being rejected and a delay in the review before the Development Review Board. I understand the presentation procedures required by State Law (Section 4468 of the Planning & Development Act). Also that hearings are held twice a month . That a legal advertisement must appear a minimum of fifteen (15) days prior to the hearing. I agree to pay a hearing fee which is to off -set the cost of hearing. Type of application check one: ( ) Appeal from decision of Administrator Officer (includes appeals from Notice of Violation) (bequest for a conditional use ( } Request for a variance ( ) Other PROVISION OF ZONING ORDINANCE IN QUESTION (IF ANY) WHAT ACTION OF T14F. AD-M—NISTRATIVE OFFICER ,ARE YOU APPEALING? 1) OWNER OF RECORP (Name as shown on deed, mailing address, phone and fax #) f: , VC, d. r' < _ 6 1'�l�! U �(�l i 1i ©t K[,)OGCc� c�t— , ti q5 j 2} LOCATION OF LAST RECORDED DEED (Book and page #) 1' lJ Gz rl 3) APPLICANT (Name, mailing address, phone and fax 4) CONTACT PERSON (Name, mailing address, phone and fax #) SQ M p , 5) PROJECT STREET ADDRESS: 5(t 1M e, 6) TAX PARCEL ID # (can be obtained at Assessor's Office} 7) PROJECT DESCRIPTION a) Existing Uses on Property (including description and size of each separate use) `71 v1 `� Q�Lt( (� fto!'�lr✓ b) Proposed Uses on property (include description and size of c) Total building square footage on ,-,a rh.e- 2K i iew use and existing uses to rema and existing b ldings t remain) d) Height of building &L number of floors (proposed buildings and existing buildings to remain, specify if basement and mezzanine) T"1 OU ✓ 5 61- 1 vtc. HO w5c, 1 2 l r 4 ✓ O✓ O h O va el eCP ►- W ev- �.�V� � U✓Lc�-itC�✓1 . e) umber of resident units (if applicable, new units and existing units to remain) $*VL 5(wt� Vl/ll° - oyie QCeP�r V f) Number of e ployees &z company ve icles (existing and proposed, note office versus non -office employees) _&o4 ` , 5 g) Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable): 8) LOT COVERAGE a) Building: Existing % Proposed % b Overall(building, outside storage, etc Existing _% Proposed % c) Front yard (along each street) Existing % Proposed % (does not apply to residential uses) 9 9) COST ESTIMATES a) Building (including interior renovations): $ -51"- b) Landscaping: $1 c) Other site improvements (please list with cost):_T 10) ESTIMATED TRAFFIC _I a) Average daily traffic for entire property (in and out): 3 W b) A.M. Peak hour for entire propert c) P.M. Peak hour for entire propery 11) PEAK HOURS OF OPERATIO1 12) PEAK DAYS OF OPERATION: 13) ESTIMATED PROJECT COMP 14) LIST ABUTTERS ( List names and addresses of all abutting property owners on a separate sheet of paper). t7 � QrclC�ov al dc_� I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. Do not write below this line DATE OF SUBMISSION: REVIEW AUTHORITY: Development Review Board ❑ Director, Planning & Zoning I have reviewed this site plan application and find it to be: f Complete ❑ Incomplete 51 A EXHIBIT A PLAN The following information must be shown on the plans. Please submit five (5) copies and one reduced copy (I V x 17") of the plan. Failure to provide the following information will result in your application being rejected and a delay in the review before the Development Review Board. If submitting a final plat amendment, please submit only pertinent information. Please provide (on separate sheet) a list of all abutters to the project property and mailing addresses. o Complete survey of property by a licensed land surveyor drawn to scale (20 ft. is preferred). o Name, license number, seal, and contact number of licensed land surveyor & date prepared. o Survey data (acreage, property lines, zoning boundaries, watercourse, base flood elevation, etc.) o Location of easements, public lands, r.o.w.s, sidewalks, and public or private street (w/names) o Five foot contours (existing and finished) o Location and size of any existing sewers (including septic tanks) and water mains, culverts and drains on the property to be subdivided. o Location, names and widths of existing and proposed streets, private ways, sidewalks, curb cuts, paths, easements, parks, and other public opens spaces. o Numerical and graphical scale, date last revised, and north arrow. o Details of proposed connection with existing water supply or alternative water supply. o Details of proposed connection with the existing sanitary sewage disposal system or adequate provisions for on -site disposal of septic wastes. o Details of storm water facilities in the form of a drainage plan. o Details of all proposed bridges or culverts. o Location of temporary markers. o All parcels of land proposed to be dedicated or reserved for public use and associated conditions. o A list of waivers desired (if any). o Development timetable (including number of phases and start and completion dates). o A report addressing planned residential/unit development criteria of the Zoning Regulations. o Proposed landscaping schedule (number, variety and size). o Location of abutting properties, fire hydrants, existing buildings, existing landscaping o Number and location of parking spaces ( see Section 26.25 of the Zoning Regulations) o Number and location of handicapped spaces (see Section 26.253(a) of the Zoning Regulations) o Lot coverage information: Building footprint, total lot, and front yard o Exterior lighting details (cut sheets). All lights should be downcasting and shielded. o Dumpster locations (dumpsters must be screened) o Bicycle rack as required under Section 26.253(b) of the zoning regulations o If restaurant is proposed, provide number seats and square footage of floor area provided for patron use but not containing fixed seats APPLICATION FEE Fee $85.00* * Includes $10.00 recording fee r)