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Home My WebLink AboutMS-06-08 - Decision - 0072 Bartlett Bay Roadl #MS-06-08 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING DAVID GOODRICH — 72 BARTLETT BAY ROAD MISCELLANEOUS APPLICATION #MS-06-08 FINDINGS OF FACT AND DECISION David Goodrich, hereinafter referred to as the applicant, is seeking miscellaneous approval to expand the footprint of an existing single family dwelling from 1768 sq. ft. to 2452 sq. ft. in a surface water buffer area, 72 Bartlett Bay Road. The Development Review Board held a public hearing on October 3, 2006. The applicant was present at the meeting. Based on testimony provided at the above mentioned public hearing or the plans and 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 miscellaneous approval to expand the footprint of an existing single family dwelling from 1768 sq. ft. to 2452 sq. ft. in a surface water buffer area, 72 Bartlett Bay Road. 2. The owner of record of the subject property is David Goodrich. 3. The subject property is located in the Lakeshore Neighborhood Zoning District. 4. The plans submitted consist of a two (2) page set of plans, page two (2) entitled, "Erosion Control Plan 72 Bartlett Bay Road South Burlington, VT Property Owner Dave Goodrich Enter Mailing/Business Address", prepared by Conklin Engineering Services, P.C., dated 8/29/06. ZONING AND DIMENSIONAL REQUIREMENTS Table 1. Dimensional Requirements LN Zoning,District Re ulred Proposed 4 Min. Lot Size 12,000 SF 13,800SF 4 Max. Building Coverage 20% 17.8% 4 Max. Overall Coverage 40% 22.2% 4 Min. Front Setback 20 ft. 31 ft 4 Min. Side Setback loft. loft. q Min. Rear Setback 30 ft._1 >30 ft. zoning compliance - 1 - #MS-06-08 CONDITIONAL USE CRITERIA Pursuant to Section 12.01(D) of the South Burlington Land Development Regulations, the proposed structure shall be reviewed as a conditional use and shall meet the followinq standards: 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 proposed project is consistent with the planned character of the area, as defined by the Comprehensive Plan. The proposed use shall conform to the stated purpose of the district in which the proposed use is located. The proposed project is consistent with the stated purpose of the Lakeshore Neighborhood District, which is "to encourage residential use at densities and setbacks that are compatible with the existing character of the lake shore neighborhoods located in the vicinity of Bartlett Bay Road and Homes Road." 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 proposed project will not adversely affect municipal services. This addition will have no impact on educational facilities. (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 proposed project will not have an adverse affect on the character of the neighborhood or zoning district that this property falls within. (c) Traffic on roads and highways in the vicinity. It is extremely unlikely that this proposed addition will generate any additional traffic. Any traffic that is generated by this addition will be negligible in its effect on the neighborhood. (d) Bylaws in effect. The proposed project meets all of the dimensional standards of the zoning district. (e) Utilization of renewable energy resources. The proposed project will not likely affect renewable energy resources. -2- #MS-06-08 (0 General public health and welfare. The proposed project will not likely have an adverse affect on general public welfare. SITE PLAN REVIEW STANDARDS Pursuant to Sections 14.06 and 14.07 of the Land Development Regulations, the proposed conditional use shall meet the following standards: (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 proposed project has been planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement. (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, this layout is 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 applicant has stated that the proposed structure will be approximately 24'2"' in height, which is in compliance with Section 4.07(E) and 4.08(F) of the Land Development Regulations. (a) Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. (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. This requirement is being met. -3- #MS-06-08 (fJ 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. This requirement is being met. (g) 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 stree4 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. (h) 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. It has already been stated that any new utility lines, services, and service modifications shall be underground. (i) 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 this is a single-family residential lot, it is unlikely that this criterion would apply. Q) Landscaping and Screening Requirements The proposed project does not require additional landscaping or screening under the South Burlington Land Development Regulations. Furthermore, no trees or shrubs are proposed to be removed in order to accommodate the addition and so none are required to be replaced. Pre -Existing Structures along Lake Champlain and within Queen City Park This proposed expansion shall be reviewed under Section 12.01(D) of the SBLDR which includes all lands within one hundred fifty feet horizontal distance of the high water elevation of Lake Champlain. The expansion and reconstruction of pre-existing structures on these lands may be approved by the DRB as a conditional use provided the requirements of the underlying zoning district and the following standards are met: a) The structure to be expanded or reconstructed was originally constructed on or before April 24, 2000. -4- #MS-06-08 The existing structure meets this criterion. b) The expanded or reconstructed structure does not extend any closer, measured in terms of horizontal distance, to the applicable high water elevation or stream centerline than the closest point of the existing structure. The proposed expansion is no closer to the lake than the existing structure. c) The total building footprint area of the expanded or reconstructed structure shall not be more than fifty percent larger than the footprint of the structure lawfully existing on April 24, 2000. The proposed expansion meets this criterion: the expansion is 38.7% of the existing structure. d) An erosion control plan for construction is submitted by a licensed engineer detailing controls that will be put in place during construction or expansion to protect the associated surface water. The applicant has submitted an erosion control plan which has in turn been reviewed by the City's Stormwater Superintendent. The plan was difficult to review as no contour lines were shown on the plan. The applicant should revise the plans to include contour lines and shall be re-evaluated by the Stormwater Superintendent. e) A landscaping plan showing plans to preserve maintain and supplement existing trees and ground cover vegetation is submitted and the DRB finds that the overall plan will provide a visual and vegetative buffer for the lake and/or stream. The plan indicates that all trees will remain and meets this criterion. OTHER The subject lot is located within the Floodplain Overlay District. However, the applicant has since secured a Letter of Map Amendment from FEMA. The Board is satisfied that the proposal will not have any undue adverse effect on the lake. DECISION Motion by (2>4 LE- , seconded by zl�� )--m 6c, , to approve Misc Ilaneous applica ion #MS-06-08 of David Goodrich, subjecf 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 plan submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. -5- #MS-06-08 3) The South Burlington Stormwater Superintendent shall review the revised plans and provide comment. The revised plan shall meet the satisfaction of the Stormwater Superintendent prior to permit issuance. 4) Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 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. Mark Behr — yea/nay/abstain/not present Matthew Birmingham — y2a/nay/abstain/not present John Dinklage — yea/nay/abstain/not present Roger Farley — yea/nay/abstain/not present Eric Knudsen — y2a/nay/abstain/not present Peter Plumeau — yea/nay/abstain/not present Gayle Quimby — yea/nay/abstain/not present Motion carried by a vote of 6-0-0. Signed this day of O 2006, by 1 � / John Dinklage, Chair Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRCP 76 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). Im