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HomeMy WebLinkAboutCU-18-15 - Decision - 0078 Bartlett Bay Road#CU-18-05 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING SEVENTY EIGHT BARTLETT BAY ROAD LLC CONDITIONAL USE APPLICATION #CU-18-05 FINDINGS OF FACT AND DECISION Conditional use application #CU-18-05 of Seventy Eight Bartlett Bay Road, LLC to replace an existing deck and make minor modifications thereto, 78 Bartlett Bay Road. The Development Review Board held a public hearing on April 17, 2018. The applicant was represented by Richard Reed. Based on 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, Seventy Eight Bartlett Bay Road LLC, seeks a conditional use permit to replace an existing deck and make minor modifications thereto, 78 Bartlett Bay Rd. 2. The owner of record of the subject property is Seventy Eight Bartlett Bay Road, LLC. 3. The subject property is located in the Lakeshore Neighborhood District. 4. The applicant is proposing to replace the existing deck, expand the existing deck footprint by approximately 40 square feet, and add an additional set of steps off the deck. The entire project is within 150 horizontal feet of the high water elevation of Lake Champlain, 102 feet above mean sea level datum. 5. This project is subject to review under the LDRs covering the Lakeshore Neighborhood District, Section 12.01C Surface Water Buffer Standards, Section 12.011) pre-existing structures along Lake Champlain, and Section 14.10 conditional uses. 6. The application was received on March 13, 2018. The plans submitted consist of a two (2) page set of plans with page one (1) entitled, "Proposed Conditions Site Plan", prepared by Civil Engineering Associates, and last revised 3/6/2018. #CU-18-05 ZONING DISTRICT AND DIMENSIONAL REQUIREMENTS LN Zoning District Required Existing Proposed Min. Lot Size 12,000 SF 13,380 SF 13y380 SF Max. Building Coverage 20% 19.2% 19.2% Max. Overall Coverage 40% 32.1% 32.5% • Min. Front Setback 20 ft. 17.7 ft. 17.7 ft. • Min. Side Setback 10 ft. 7.7 ft. 7.7 ft. � Min. Rear Setback 30 ft. >30 ft. >30 ft. @ Waterfront Setback 150 ft. 37 ft.' No change V Zoning Compliance @ Existing nonconforming 1. Measured to nearest point of steps. Section 12. 01 (C) (2) General Stream and Surface Water Protection Standards C Surface Water Buffer Standards ("'Stream Buffers") (1) Applicability. The requirements of this Section shall apply to all lands described as follows: (e) All land within one hundred fifty (150) feet horizontal distance of the high water elevation of Lake Champlain, which for purposes of these regulations shall be one hundred two (102) feet above mean sea level datum. This applicable area includes nearly all of the property. (2) General standards. It is the objective of these standards to promote the establishment of heavily vegetated areas of native vegetation and trees in order to reduce the impact of stormwater runoff, reduce sedimentation, and increase infiltration and baseflows in the City's streams and Lake Champlain. Therefore, except as specifically permitted by the DRB pursuant to the standards in Section 12.01(C)(3), (C)(4), (D) andlor (E) below, all lands within a required stream buffer defined above shall be left in an undisturbed, naturally vegetated condition. Supplemental planting and landscaping with appropriate species of vegetation to achieve these objectives shall be permitted. The specific standards for the vegetation andmaintenance of stream buffers are asfollows: (a) The clearing of trees that are not dead, heavily damaged by ke storms or other natural events, or diseased, and the clearing of any other vegetation other than invasive species, is permitted only in conjunction with DRB approval pursuant to (3) or (4) below. The applicant is not proposing to remove any trees. The Board finds this criterion met. (b) Any areas within a required stream buffer that are not vegetated or that are disturbed during construction shall be seeded with a naturalized mix of grasses rather than standard lawn grass, and shall not be mowed more than one (1) time per calendar year after establishment. (c) The creation of new lawn areas within stream buffers is not permitted after the effective date of these regulations. The applicant is not proposing any new lawn areas. The Board finds these criteria met. #CU-18-05 (d) Snow storage areas designated pursuant to site plan or PUD review shall not be located within stream buffers unless the applicant can demonstrate that: fl) There is no reasonable alternative location for snow storage on the some property. (ii) Measures such as infiltration areas have been incorporated into the site plan andlor stormwater treatment system to reduce the potentialfor erosion and contaminated runoff entering the associated stream as a result of snow melt. Snow storage is not required for residential uses. (3) Expansion of pre-existing structures within stream buffers. The expansion of pre-existing structures within stream buffers, except as provided in Section D below, shall be permitted only in accordance with the standards for non -complying structures in Article 3, Section 3.11 of these Regulations. Compliance with Section D is discussed below. (4) New uses and encroachments within stream buffers. The encroachment of new land development activities into the City's stream buffers is discouraged. The DRB may authorize the following as conditional uses within stream buffers, subject to the standards and conditions enumerated for each use. The DRB may grant approvals pursuant to this section as part of PUD review without a separate conditional use review. (a) Agriculture, horticulture and forestry including the keeping of livestock, provided that any building or structure appurtenant to such uses is located outside the stream buffer. Not applicable (b) Clearing of vegetation and filling or excavating of earth materials, only to the extent directly necessitatedfor the construction or safe operation of a permitted or conditional use on the same property and where the DRB finds that: (i) There is no practicable alternative to the clearing, filling or excavating within the stream buffer; and (ii) The purposes of this Section will be protected through erosion controls, plantings, protection of existing vegetation, andlor other measures. Erosion control is discussed under Section D below. (c) Encroachments necessary to rectify a natural catastrophefor the protection of the public health, safety and welfare. Not applicable (d) Encroachments necessary for providing for or improving public facilities. Not applicable (e) Public recreation paths, located at least ten (10) feet from the edge of channel of the I #CU-18-05 surface water. Not applicable (f) Stormwater treatment facilities meeting the Vermont Agency of Natural Resources stormwater treatment standards, and routine maintenance thereof, including necessary clearing of vegetation and dredging. Evidence of a complete application to the VANR for coverage under the applicable permitting requirements shall be required to meet this criterion for encroachment into a stream buffer. Not applicable (g) Roadways or access drives for purposes of crossing a stream buffer area to gain access to land on the opposite side of the buffer, orfor purposes of providing safe access to an approved use, in cases where there is no feasible alternative for providing safe access and the roadway or access drive is located at least ten (10) feet from the edge of channel of the surface water. There is no changed proposed to the preexisting access drive, and no feasible alternative exists. The Board finds this criterion met. (h) Utility lines, including power, telephone, cable, sewer and water, to the extent necessary to cross or encroach into the stream buffer where there is no feasible alternative for providing or extending utility services. There is no change proposed to the preexisting utility service locations, and no feasible alternative exists. The Board finds this criterion met. (i) Outdoor recreation, provided any building or structure (including parking and driveways) appurtenant to such use is located outside the stream buffer. (j) Research and educational activities provided any building or structure (including parking and driveways) appurtenant to such use is located outside the stream buffer. (k) Hydro -electric power generation Criteria (i)-(k) are not applicable. Section 12.01(D) Pre -Existing Structures along Lake Champlain and within Queen City Park Section 12.01(D) of the SBLDR 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. The existing structure was constructed prior to 1978. The Board finds this criterion met. 4 #CU-18-05 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 new deck and stairs are no closer to the lake than the closest portion of the existing structure. The Board finds this criterion met. 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 total footprint of the expanded structure is proposed to be increased by 55 sq. feet, or 1.3% on an overall site basis. The Board finds this criterion met. 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 provided erosion control measures on the provided Proposed Conditions Site Plan which was prepared by a licensed professional engineer. The notes provided on the provided Erosion Control Details & Specifications plan sheet meet the minimum requirements of Article 16. The Board finds this criterion met. 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 bufferfor the lake andlor stream. The proposed deck expansion is taking place between the existing deck and the home. The Board finds the impact to the lake will be minimal and that no supplemental landscaping is necessary. The Board finds that the applicant must preserve all existing landscaping shown on the Proposed Conditions Site Plan. CONDITIONAL USE CRITERIA Pursuant to Section 12.01(D) of the South Burlington Land Development Regulations (Pre-existing structures along Lake Champlain and within Queen City Park), the proposed structure shall be reviewed as a conditional use and shall meet the following standards of Section 14.10(E)- 14.10(E) General Review Standards. The Development Review Board shall review the proposed conditional use for compliance with all applicable standards as contained in these regulations. The proposed conditional use shall not result in an undue adverse effect on any of the following: (1) The capacity of existing or planned community facilities. This project will have no adverse effect upon community facilities. The Board finds this criterion met. (2) The character of the area affected, as defined by the purpose or purposes of the zoning district within which the project is located, and specifically stated policies and standards of the municipal plan. J #CU-18-05 The Board finds that the proposed project 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 Board finds this criterion met. (3) Traffic on roads and highways in the vicinity. This project will have no adverse effect on traffic on roads and highways in the vicinity. The Board finds this criterion met. (4) Bylaws and ordinances then in effect. The Board finds this criterion met. See below for a discussion of compliance with general surface water protection standards. (5) Utilization of renewable energy resources. This project will not affect renewable energy resources. The Board finds this criterion met. DECISION Motion by Matt Cota, seconded by Jennifer Smith, to approve conditional use application #CU-18-05 of Seventy Eight Bartlett Bay Road, LLC, subject to the following conditions: 1. All previous approvals and stipulations shall remain in full effect except as amended herein. 2. This project must 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 applicant must 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. 4. Any change to the approved plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. 5. The Board finds that the applicant must preserve all existing landscaping shown on the Proposed Conditions Site Plan. Mark Behr Yea Nay Abstain Not Present Matt Cota Yea Nay Abstain Not Present Frank Kochman Yea Nay Abstain Not Present Bill Miller Yea Nay Abstain Not Present Jennifer Smith Yea Nay Abstain Not Present Brian Sullivan Yea Nay Abstain Not Present John Wilking Yea Nay Abstain Not Present 11 #CU-18-05 Motion carried by a vote of 4 — 0 —1 Signed this 1 day of May, 2018, by Bill Miller, Chair Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this decision, a notice of appeal and the required fee by certified mail to the Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be mailed to the City of South Burlington Planning and Zoning Department at 575 Dorset Street, South Burlington, VT 05403. See V.R.E.C.P. 5(b) (4)(A). Please contact the Environmental Division at 802-828-1660 or http://yermontludiciary.org/GTC/environmental/default.aspx for more information on filing requirements, deadlines, fees and mailing address. The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call 802.477.2241 to speak with the regional Permit Specialist. 7