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HomeMy WebLinkAboutCU-04-06 - Decision - 0011 Beacon StreetCITY of SOUTH BURLINGTON DEPARTMENT of PLANNING & ZONING KILLEEN — ACCESSORY RESIDENTIAL UNIT CONDITIONAL USE APPLICATION #CU-04-06 FINDINGS of FACT AND DECISION Kieran and Jennifer Killeen, hereafter referred to as the applicant, are requesting Conditional Use approval for an accessory residential unit at 11 Beacon Street. The subject property is approximately 0.2 acres and falls within the Residential 4 (R4) District. The South Burlington Development Review Board (DRB) held a public hearing on July 20, 2004. Kieran Killeen was present at the meeting. 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 DRB finds, concludes, and decides the following: FINDINGS OF FACT 1. The applicant is requesting Conditional Use approval for an accessory residential unit at 11 Beacon Street. 2. The owner of record is Kieran and Jennifer Killeen. 3. The subject property contains approximately 0.2 acres and is located in the Residential 4 (R4) District. 4. The plans consist of three (3) sheets entitled "Diagram A", "Diagram B", and "Diagram C", prepared by the applicant. ACCESSORYRESIDENTIAL 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 may be permitted by the DRB in accordance with Article 14, 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. The applicant has stated that they will target a person who meets the above -mentioned occupancy criteria. (b) On lots that are one-half (1/2) acre or greater in size in the RI, 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. The proposed residential unit will not increase the floor area of the original dwelling unit. The total livable area of the original dwelling unit is 2,201 square feet. The proposed accessory residential unit is 250 square feet, which is 11.4% of the total livable area of the original dwelling unit. (d) Maximum occupancy of the accessory residential unit shall be two persons. That applicant has stated they will not target more than two persons to occupy the unit. (e) The principal dwelling shall be owner -occupied. The applicant stated that the primary dwelling will remain owner -occupied. (� No exterior alteration, other than the entranceways and other alterations required by the Vermont building code are made to the principal dwelling. The only exterior alterations made to the principal dwelling will be the conversion of the existing windows into two French doors to provide access to the proposed unit from the side yard. (g) No exterior entrance or other alterations shall be made to the front of the original dwelling. The front of the existing dwelling will remain unchanged. (it) Public water and sewer shall be provided to all residences on the lot. 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 applicant has stated the additional unit will be used for residential purposes. 0) One additional off-street parking space shall be provided on the same lot. The subject property currently contains a two -car garage and one (1) additional parking space. This additional parking space is not enclosed and is parallel to Beacon Street. Therefore, the parking requirements for the proposed residential unit are met. (k) A zoning permit shall be required for each accessory apartment. Prior to constructing the accessory apartment, the applicant shall obtain a zoning permit from the Administrative officer. CONDITIONAL USE CRITERIA 1. 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. According to the South Burlington Comprehensive Plan, residential neighborhoods should be protected from incompatible commercial encroachment and traffic adherence. In addition, the Plan states that the City should consider increasing the residential densities in areas that are planned for residential use. The proposed accessory residential unit will be consistent with the plan character of the area, as defined by the Comprehensive Plan. 2. The proposed use shall conform to the stated purpose of the district in which the proposed use is to be located. According to Section 4.03(A) of the South Burlington Land Development Regulations, the Residential 4 District is hereby formed in order to encourage residential use at moderate densities that are compatible with existing neighborhoods and undeveloped land adjacent to those neighborhoods. Any use not expressly permitted is prohibited, except those that are allowed as conditional uses. The proposed accessory residential unit conforms to the stated purpose of the R4 District. 3. 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 or two adult individuals. In addition, 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. 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 or two adult residents 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. (e) Utilization of renewable energy resources. The proposal will not affect renewable energy resources. (1) General public health and welfare The proposed accessory apartment will have an adverse affect on general public welfare. DECISION Motion by WA9k hm , seconded by A Q- Q u to approve Conditional Use Application #CU-04-06, subject to the following cond tions: 1. All previous approvals and stipulations shall remain in full effect, except as amended herein. 2. This project shall be completed as shown on the plans submitted by the applicant, as amended by this decision, and on file in the South Burlington Department of Planning & Zoning. 3. This approval will allow one accessory residential unit within the primary residential structure at 11 Beacon Street. 4. 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 3.10(E)(1) of the South Burlington Land Development Regulations, the accessory apartment shall be reincorporated into the primary residence. 5. The applicant shall occupy the additional residential unit with 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. 6. The principal dwelling shall remain owner -occupied. 7. The accessory residential unit shall not be used for any home occupation. 8. The applicant shall obtain a zoning permit within six months of this decision. 9. Prior to the issuance of a zoning permit, the applicant must provide the following: 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. 10. Prior to occupation of the accessory apartment, the applicant shall obtain a certificate of occupancy/compliance from the Administrative Officer. 11. Any changes to the final plat plan shall require approval of the South Burlington Development Review Board. Chuck Bolton - yea/nay/abstai not presen Mark Boucher geay/abstain/not ay/abstai not present John Dinklageay/abstain/not present Roger Farley - present Michele Kupersmith e nay/abstain not present Larry Kupferman - e nay/abstai fiof presen Gayle Quimby -nay/abstain/not present Motion Carried by a vote of S- 0 v Signed this 2 O day of July, 2004, by John Dinklage, hair I 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).