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Home My WebLink AboutCU-12-01 - Decision - 0080 Bartlett Bay RoadCITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING SIROTKIN- 80 BARTLETT BAY ROAD CONDITIONAL USE APPLICATION #CU-12-01 FINDINGS OF FACT AND DECISION Michael Sirtokin, hereinafter referred to as the applicant, is seeking conditional use approval for a 12' X 16' addition to a dwelling and reconfiguration of the steps, 80 Bartlett Bay Road. The Board held a meeting on this application on March 20, 2012. The applicant was represented by Randall Volk. Based on testimony provided at the above mentioned public hearing and the plans ands supporting materials contained in the document file for this application, the Development Review Board, finds, concludes, and decides the following: 1. Michael Sirotkin, hereinafter referred to as the applicant, is seeking conditional use approval for a 12' X 16' addition to a dwelling and reconfiguration of the steps, 80 Bartlett Bay Road. 2. The owners of record of the subject property are Michael Sirotkin and Sally Fox. 3. The subject property is located in the Lakeshore Neighborhood. 4. The plan submitted is entitled "Proposed Building Addition 80 Bartletts [sic] Road South Burlington Vermont," prepared by Civil Engineering Associates, dated 2/17/2012. Table 1. Dimensional Requirements LN Zoning District Required Proposed Min. Lot Size 12,000 SF 1 acre �l Max. Building Coverage 20% 8.4% Max. Overall Coverage 40% Approx 10% Min. Front Setback 20 ft. 20 ft �1 Min. Side Setback 10 ft. >10 ft. Min. Rear Setback 30 ft. >30 ft. zoning compliance CONDITIONAL USE CRITERIA Pursuant to Section 12.01(D) of the South Burlington Land Development Regulations, the proposed 11 #CU-12-01 structure shall be reviewed as a conditional use and shall meet the following 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 Board finds that 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 Board finds that 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 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. 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. As noted in the dimensional standards table above, 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. Pre -Existing Structures along Lake Champlain and within Queen City Park 2 #CU-12-01 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. 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 closest portion of the existing structure (steps which are to be removed). 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 approximately 3% 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. 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. DECISION Motion by Roger Farley, seconded by Tim Barritt, to approve Miscellaneous application #MS-12-01 of Michael Sirotkin, subject to the following conditions: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in full effect. 2. The 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 applicant shall obtain a zoning permit within six (6) months or this approval is null and void. 3 #CU-12-01 4. Any change to the site plan shall require approval by the South Burlington Development Review Board, Tim Barritt— y&a/nay/abstain/not present Mark Behr — yqa/nay/abstain/not present Matthew Birmingham — yea/nay/abstain/not present Roger Farley — yea/nay/abstain/not present Michael Sirotkin — yea/nay/abstain/not present Bill Stuono — yla/nay/abstain/not present Motion carried by a vote of 4 — 0 — 0 Signed this 23rd day of March 2012, by Digitally signed by Mark C. Behr Mark C . Behr Arc Architect Mark C Behr, d= rna and Henry Behr Architect P G, ou, email=mark@rhbpc com, [=U5 Date. 2012.03.23 09.13,38-04'00' Mark Behr, Chairman 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://vermontiudiciary.oro/GTC/environmental/default.asr)x 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 802.879.5676 to speak with the regional Permit Specialist. 4