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Home My WebLink AboutSP-08-114 - Decision - 0050 Orchard Road#SP-08-114 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING ROBERT PAYSON - 50 ORCHARD ROAD SITE PLAN APPLICATION #SP-08-114 FINDINGS OF FACT AND DECISION Robert Payson, hereafter referred to as the applicant, is seeking site plan approval to allow a 546 square foot accessory residential unit above an attached garage, 50 Orchard Road. The Development Review Board held a public hearing on Tuesday, January 6, 2009. The applicant was present at the hearing. 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 site plan approval to allow a 546 square foot accessory residential unit above an attached garage, 50 Orchard Road. 2. The owner of record of the subject property is Robert Payson. 3. The subject property is located in the Residential 4 (R4) Zoning District. 4. The application for this project was received on December 10, 2008. 5. The plan submitted is an untitled and undated plan prepared by the applicant. 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 1850 SF. The accessory residential unit is 546 SF, or 29.5% of the habitable area of the principal dwelling. Thus, the applicant is in compliance with this criterion. (b) The principal dwelling shall be owner occupied FAUSERS\Planning & Zoning\Development Review Boa rd\Findings_Decisions\2009\Payson\sp_08_114_payson_ffd.doc - 1 - #SP-08-114 The principal dwelling unit is owner occupied and shall remain so. (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 Sewage Ordinance. The applicant shall apply for wastewater allocation. (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 single family home and accessory unit requires a total of four off-street parking spaces. There is a two -car garage on site, as well as ample driveway space. (e) A zoning permit shall be required 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 plan applications: (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. The Board finds the site plan adequate with respect to this criterion. (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, the Board 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. The height of the existing home is within the limits specified by the South Burlington Land Development Regulations. No exterior construction is planned. (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. FAUSERS\Planning & Zoning\Development Review Board\Findings_Decisions\2009\Payson\sp_08_114_payson_ffd.doc -2- #SP-08-114 (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. (f) 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, staff understands that 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. R\USERS\Planning & Zoning\Development Review Boa rd\Fi nd i ngs_Decisions\2009\Payson\sp_08_1 14_payson_ffd.doc -3- #SP-08-114 DECISION &C-A Motion by ` A « i seconded by �Axt E to approve Site P an Application SP-08-114 of Robert Payson, 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 maintain sufficient off-street parking for four vehicles in accordance with the criteria stated above. 5. The applicant shall obtain wastewater allocation approval from the Director of Planning and Zoning prior to issuance of a zoning permit. 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 —nay/abstain/not presen Matthew Birmingham — yea/nay/abstain/ of presen John Dinklage — ea/nay/abstain not present Roger Farley — e nay/abstain/not presen Eric Knudsen — e nay/abstain/not present Peter Plumeau — ea/nay/abstain of risen Gayle Quimby — yea nay/abstain/not present Motion carried by a vote of Signed this da f / 2009, by Mark Behr, Vice Chairman 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 FIUSERS\Planning & Zoning\Development Review Board\Findings_Decisions\2009\Payson\sp_08_114_payson_ffd.doc -4- #SP-08-114 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). F:\USERS\Planning & Zoning\Development Review Boa rd\Find ings_Decisions\2009\Payson\sp_08_114_payson_ffd.doc -5-