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HomeMy WebLinkAboutBATCH - Supplemental - 0011 Beacon StreetCITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD XdrblmiscXkilleen_reapp.doc DEPARTMENT OF PLANNING & ZONING Report preparation date: July 12, 2004 Plans received: May 27, 2004 CONDITIONAL USE APPLICATION #CU-04-06 ACCESSORYAPARTMENT — 11 BEACON STREET Agenda #6 Meeting date: July 20, 2004 Owner/Applicant Property Information Kieran and Jennifer Killeen Tax Parcel 0170-00011-R 11 Beacon Street R4 District South Burlington, VT 05403 ±0.2 Acres Location Map l CITY OF SOUTH BURLINGTON 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING 1drblmisclki11een_reapp doc 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 Development Review Board granted the applicant Conditional Use approval for this project on August 19, 2003 (minutes enclosed). However, the approval lapsed, so the applicant is seeking re - approval for this project. There are no changes from the original approval. Associate Planner Brian Robertson and Administrative Officer Ray Belair, referred to herein as staff, have reviewed the plans and have the following comments. 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 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 (H) is disabled as defined in subdivision 252(2) of Title 18, or (M) 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 (112) acre or greater in size in the R1, 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. CITY OF SOUTH BURLINGTON 3 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\misc\killeen reapp.doc (t) 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. (h) 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. (j) One additional off-street parking space shall be provided on the same lot The subject property currently contains a two -car garage, as well as an addition 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 CITY OF SOUTH BURLINGTON 4 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\misclkilleen reapp doc neighborhoods. Any use not expressly permitted is prohibited, except those that are allowed as conditional uses. Staff feels 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 adult individual. In addition, staff believes that 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. Staff believes that 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. (0 General public health and welfare Staff does not believe that the proposed accessory apartment will have an adverse affect on general public welfare. Staff recommends that the Development Review Board approve this Conditional Use Application #CU-04-06 as submitted. Respectfully submitted, Brian Robertson, Associate Planner Copy to: Kieran and Jennifer Killeen, Applicant CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 September 14, 2004 Kieran & Jennifer Killeen 11 Beacon Street South Burlington, VT 05403 Re: Minutes Dear Mr. & Mrs. Killeen: Enclosed, please find a copy of the minutes from the July 20, 2004 Development Review Board meeting. If you have any questions, feel free to contact me. Sincerely, Betsy McDonough Administrative Assistant Encl. DEVELOPMENT REVIEW BOARD 20 JULY2004 Mr. Boucher moved to approve Final Plat Application #SD-04-45 of Jane Evans Harrocks subject to the stipulations in the draft motion. Ms. Quimby seconded. Motion passed unanimously. 5. Sketch Plan Application #SD-04-44 of Thomas Meeker to resubdivide two lots developed with single family dwellings. The resubdivision consists of transferring 7601 sq. ft. of the lot at 15 Gilbert Street to 21 Gilbert Street: Mr. Meeker said he will retain the apple trees he has planted. He will sell the house adjacent to his with 1/4 acre. There will be no fencing. He said he has no subdivision intentions. No issues were raised. Public Hearing: Application #CU-04-06 of Kieren & Jennifer Killeen for conditional use approval under Section 14.10, Conditional Use Review of the South Burlington Land Development Regulations. The request is for permission to establish an accessory residential unit, 11 Beacon Street: Mr. Dinklage noted he is a neighbor of the applicant. Members did not feel this was a problem. Mr. Killeen noted they had received approval for this use, but the approval has lapsed. Mr. Belair said there are new rules that will take affect in 2005 and 2011. The Board can continue under the present rules until the regulations change. Mr. Boucher moved to approve Application #CU-04-06 of Kieren & Jennifer Killeen subject to the stipulations in the draft motion. Ms. Quimby seconded. Motion passed unanimously. 7. Site Plan Application #SP-04-24 of Dorset Communications to convert a 7020 sq. ft. GFA building from retail use to radio and television studio use, 372 Dorset Street: Mr. Belair noted that a professional landscaper must prepare the landscape plan. Mr. Belair said staff questions whether there is enough room for parking. Mr. Flannagan said they were told there is enough with angled parking. Mr. Belair said 18 spaces would be sufficient. Mr. Boucher moved to approve Site Plan Application #SP-04-24 of Dorset Communications subject to the stipulations in the draft motion. Ms. Quimby seconded. Motion passed unanimously. CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 July 22, 2004 Kieran & Jennifer Killeen 11 Beacon Street South Burlington, VT 05403 Re: Conditional Use Application #CU-04-06 Dear Mr. & Mrs. Killeen: Enclosed, please find a copy of the Findings of Fact and Decision of the above referenced project approved by the South Burlington Development Review Board on 7/20/04 (effective 7/20/04). Please note the conditions of approval, including that the applicant shall obtain a zoning permit within six (6) months of this approval or this approval is null and void. If you have any questions, please feel free to contact me. S'ncerely, Betsy McDonough Administrative Assistant Encl. Certified Mail- Return Receipt Requested - #7003 2260 0002 8773 4186 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNE'gG & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FA)"', (302) 846-410.1 June 30th, 2004 Emily & Max Miller 26 Victoria Drive South Burlington, VT 05403 Dear Property Owner: Enclosed is a copy of a public notice published in Seven Days. It includes an application for development on property located near your property. This is being sent to you to make you aware that a public hearing is being held regarding the proposed development. If you would like to know more about the proposed development, you may call this office at 846-41o6 or attend the schedule public hearing. Sincerely, Betsy Mc onough Administrative Assistant Encl. PUBLIC HEARING SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD The South Burlington Development Review Board will hold a public hearing at the South Burlington City Hall Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, July 20, 2004, at 7:30 P.M. to consider the following: 1. Application #CU-04-06 of Kieran & Jennifer Killeen for conditional use approval under Section 14.10, Conditional Use Review of the South Burlington Land Development Regulations. The request is for permission to establish an accessory residential unit, 11 Beacon Street. 2. Final plat application #SD-04- 47 of Verizon to amend a previ- ously approved planned unit development consisting of 117 multi -family residential units in 16 buildings. The amendment consists of: 1) constructing a 11' x 17'.5" utility hut, and 2) adding decorative fencing along Hinesburg Rd. and Eldredge St. frontage, 33 Eldredge Street. 3. Final plat application #SD-04- 45 of Jane Evans Harrocks to subdivide a 31,224 sq ft lot developed with a single family dwelling into two (2) lots of 11,095 sq ft (lot 48) and 20,129 sq ft (Lot 48A), 42 Country Club Drive. 4. Preliminary plat application #SD-04-46 and final plat applica- tion #SD-04-49 of Pizzagalli Properties to subdivide a 75 acre parcel into five (5) lots ranging in size from 4.01 acres to 31.74 acres, Tilley Drive. Copies of the applications are available for public inspection at the South Burlington City Hall. John Dinklage, Chairman South Burlington Development Review Board June 30, 2004 CITY OF SOUTH BURLINGTON D E;PARTMEI",TT OF PLANKING & ZONING 575 DORSET STREET SOL'TFI BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 July 16, 2004 Kieran & Jennifer Killeen it Beacon Street South Burlington, VT 05403 Re: ii Beacon Street Dear Mr. & Mrs. Killeen: Enclosed is the agenda for next Tuesday's Development Review Board meeting and staff comments to the Board. Please be sure that someone is at the meeting on Tuesday, July 20, 2004 at 7:30 p.m. at the City Hall Conference Room, 575 Dorset Street. If you have any questions, please give us a call. Sincerely, Betsy McDonough Administrative Assistant Encl. DEVELOPMENT REVIEW BOARD 19 AUGUST 2003 - 2 - Associates subject to the stipulations in the draft motion as amended to add Stipulation 3(c) as follows: The Plans shall be revised to delete the farm fence along the Marceau boundary.@ Mr. Farley seconded. Motion passed unanimously. 4. Continued Public Hearing: Final Plat Application #SD-03-45 of Magic Hat Brewing Company to amend a planned unit development consisting of three buildings on two parcels totaling 6.73 acres. The amendment consists of adding a 161x32' concrete pad to place two 30-foot high grain storage silos, 5 Bartlett Bay Road: Mr. Russ said the silos are for storage of materials. Having them onsite will reduce truck trips because the applicant will be able to buy in quantity. Mr. Belair said staff has no issues with the request. Ms. Quimby moved to approve Final Plat Application #SD-03-45 of Magic Hat Brewing Company subject to the stipulations in the draft motion. Mr. Boucher seconded. Motion passed unanimously. 5. Public hearing: Application #CU-03-14 of Kieran & Jennifer Killeen seeking c nditional use approval under Section 14.10, Conditional Use Review, of the South Burlington Land Development Regulations. Request is for permission to allow an accessory residential unit, 11 Beacon Street: Mr. Dinklage noted that he is a neighbor of the applicant but saw no reason to recuse himself. Mr. Killeen said the unit already exists. They plan to modify the access and rent it to someone over age 55. The unit is approximately 250 sq. ft., including the bathroom. Mr. Belair noted there is no record of the unit ever being approved. Mr. Dinklage said he recalled it being approved when the former owner of the property was there. Mr. Bolton asked about covenants which require those homes to be for one single family use only. Mr. Dinklage said this is like renting a room to a border, and he didn=t feel it conflicted. Ms. Quimby moved to approve Application #CU-03-14 of Kieran and Jennifer Killeen subject to the stipulations in the draft motion. Mr. Boucher seconded. Motion passed unanimously. 6. Public Hearing: Application #MS-03-04 of Michael Kerr seeking conditional use approval under Section 14.10, Conditional Use Review, of the South Burlington land Development Regulations. Request is for permission to allow the use of a recreational vehicle for living purposes, 47 Dumont Avenue: Mr. Belair indicated he had received a voice mail from Mr. Kerr asking to 1 \60 JiJtvr.,a- Ur:%,G 3hetch off,+ .Apex IV WindowsTm AREA CALCULATIONS' SUMMARY Coda Description siz6l totals GLti'. First Floor 1413.00 1417.00 GLh2 Second Floor 788.00 780,G0 y� GAR Garage 598.00 590.00 TOTAL. LIVABLE (rounded) I 2201 2., . cl., Bath Bedroom a .9 o cn Eo N 8�' Bedroom 23.0' LIVING ARlEA-,' SREAKI71O,WK', , ' , Breakdown 5'ufstotafs, First Floor 18.0 x 31.0 558.00 4.0 x 23.0 92.00 Co x 27.0 162.00 18.0 x 31.0 53a.00 1.0 x 19.0 19.00 1.0 x 24.0 24.00 , Second Floor 0.0 x la.0 144.0a 23.0 x 29.0 644.00 8 Areas Total (rounded) 2201 .h5 tac;gkI Ld rooVA :�) R.l rI"yv� V _7a rk-�1 -1 FrOVJ Door 40 I I btuon 6�-. � • � ` fry � • Y 1 �K� "�„{;�+�C,x w.:�':a'w.. ^a•. �^,.{I. ;fir =,�.; ' `�" �^ri7•-' •'hey„� r•� :1..'�• _ � � ri ` .�'�a ..�...,.6 ,tom T` , ,-- �.,.,.--_,-_.. -. T =• �� � ���, \ - _ f � •!;! I { [:� R , . CITY OF SOUTH BURL,INGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 Permit Number C APPLICATION FOR THE DEVELOPMENT REVIEW BOARD All information requested on this application must be completed in full. Failure to provide the reauested information either on this application form or on the site plan will result in your application being rejected and a delay in the review before the Development Review Board. I understand the presentation procedures required by State Law (Section 4468 of the Planning & Development Act). Also that hearings are held twice a month. That a legal advertisement must appear a minimum of fifteen (15) days prior to the hearing. I agree to pay a hearing fee which is to off -set the cost of hearing. Type of application check one: ( )Appeal from decision of Administrator Officer (includes appeals from Notice of Violation) (�J`Request for a conditional use ( ) Request for a variance ( ) Other OF ZQNING ORDINANCE IN QUESTION (IF ANY WHAT ACTION OF THE ADMINISTRA' 1) OWNER OF RECORD (Name as shown on deed, z_ - IL ARE YOU APPEALING? ilin address, phone and fax #) 2) LOCATION OF LAST RECORDED DEED (Book and page #) 3) APPLICANT (Name, mailing address, phone and fax #) 4) CONTACT PERSON (Name, address, phone and fax #) 5) PROJECT STREET ADDRESS: 1 � &a-L< 5,1 v( A 6) TAX PARCEL ID # (can be obtained at Assessor's Office) 1 ,Z Lam. �� 7) PROJECT DESCRIPTION a) Existing Uses on Property b) Proposed Uses on property (include i, Pick« t+ k6' description and size of each separate use) and size of each new use and existing uses to remain) c) Total building square footaie on property (proposed buildings and existing buildings to remain) r d) Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement and mezzanine) 5Z:�- e) Number of residential units (if applicable, new units and existing units to remain) f) Number of employees & company vehicles (existing and proposed, note office versus non -office employees) ?_ e , . -- g) Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable): �- A 8) LOT COVERAGE a) Building: Existing % Proposed % b) Overall (building, parking, outside storage, etc) Existing % Proposed % c) Front yard (along each street) Existing _% Proposed (does not apply to residential uses) 9) COST ESTIMATES a) Building (including interior renovations) b) Landscaping c) Other site improvements (please list with cost): 10) ESTIMATED TRAFFIC a) Average daily traffic for entire property (in and out): E, ti�- b) A.M. Peak hour for entire property (in and out): F" : AvvL , c) P.M. Peak hour for entire property (In and out): 5 c�c r,) ;,(t . 11) PEAK HOURS OF OPERATION: P : C-D c> A Nl , 12) PEAK DAYS OF OPERATION: 13) ESTIMATED PROJECT COMPLETION DATE:17 14) LIST ABUTTERS ( List names and addresses of all abutting property owners on a separate sheet of paper). I I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. , y. SIdNATURE O'F API SICTNATUREOF PROPEI IL-- 'LICANT ZTY OWNER Do not write below this line DATE OF SUBMISSION: REVIEW AUTHORITY: ❑ Development Review Board ❑ Director, Planning & Zoning I have reviewed this site plan application and find it to be: ❑ Complete ❑ Incomplete Director of Planning & Zoning or Designee Date A DEVELOPMENT REVIEW BOARD 19 AUGUST 2003 _ G - Stipulation 3(c) as follows: The Plans shall be revised to delete the farm fence along the Marceau boundary." Mr. Farley seconded. Motion passed unanimously. 4. Continued Public Hearing: Final Plat Application #SD-03-45 of Magic Hat Brewing Company to amend a planned unit development consisting of three buildings on two parcels totaling 6.73 acres. The amendment consists of adding a 161x32' concrete pad to place two 30-foot high grain storage silos, 5 Bartlett Bay Road: Mr. Russ said the silos are for storage of materials. Having them onsite will reduce truck trips because the applicant will be able to buy _n quantity. Mr. Belair said staff has no issues with the request. Ms. Quimby moved to approve Final Plat Application #SD-03-45 of Magic Hat Brewing Company subject to the stipulations in the draft motion. Mr. Boucher seconded. Motion passed unanimously. hearing: Application #CU-03-14 of Kieran & Jennifer Killeen seeking conditional use approval under Section 14.10, Conditional Use Review, of the South Burlington Land Development Regulations. Request is for permission to allow an accessory residential unit, 11 Beacon Street: Mr. Dinklage noted that he is a neighbor of the applicant but saw no reason to recuse himself. Mr. Killeen said the unit already exists. They plan to modify the access and rent it to someone over age 55. The uni- is approximately 250 sq. ft., including the bathroom. Mr. Belair noted there is no record of the unit ever being approved. Mr. Dinklage said he recalled it being approved when the former owner of the property was :here. Mr. Bolton asked about covenants which require those homes to be for one single family use only. Mr. Dinklage said this is like renting a room to a border, and he didn't feel it conflicted. Ms. Quimby moved to approve Application #CU-03-14 of Kieran and Jennifer Killeen subject to the stipulations in the draft motion. Mr. Boucher seconded. Motion passed unanimously. 6. Public Hearing: Application #MS-03-04 of Michael Kerr seeking conditional use approval under Section 14.10, Conditional Use Review, of the South Burlington land Development Regulations. Request is for permission to allow the use of a recreational vehicle for living purposes, 47 Dumont Avenue: Mr. Belair indicated he had received a voice mail from Mr. Kerr asking to withdraw the application. Mr. Belair said he wrote a letter to Mr. Kerr asking for a written notice of withdrawal but hasn't received it yet. He CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 August 20, 2003 Kieran and Jennifer Killeen 11 Beacon Street S. Burlington, VT '05403 Re: Conditional Use Application — Accessory Residential Unit Bear Mr. and Mrs. Killeen: Enclosed, please find a copy of the Findings. of Fact and Decision of the above referenced project approved by the South Burlington Development Review Board on 8/19/03 (effective 8/19/03). please note the conditions, of approval. If you have any questions, please contact me. Sincerely, *71 Brian Robertson, Associate Planner Encl. CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 August 29, 2005 Kieran & Jennifer Killeen 11 Beacon Street 5. Burlington, Vermont 05405 Ke: 11 Beacon Street Dear Mr. & Mrs. Killeen: Enclosecl is the agenda for next Tuesday's Development Review Board meeting and Staff comments to the Board. please be Sure that Someone is at the meeting on Tuesday, September 2, 2003 at 7:30 p.m. at the City Hall Conference (Zoom, 575 Dorset Street. Sincerely, Raymond J. Belair Administrative Officer End. CITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD ldrblmisc\killeen.doc DEPARTMENT OF PLANNING & ZONING Report preparation date: August 12, 2003 Plans received: June 16, 2003 CONDITIONAL USE APPLICATION #CU-03-14 ACCESSORYAPARTMENT — 11 BEACON STREET Meeting date: August 19, 2003 Owner/Applicant Property Information Kieran and Jennifer Killeen Tax Parcel 0170-00011-R 11 Beacon Street R4 District South Burlington, VT 05403 ±0.2 Acres Location Map CITY OF SOUTH BURLING )ON 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \d rb\m i sc\ki I I ee n, d oc PROJECT DESCRIPTIOR' 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. COMMENTS Associate Planner Brian Robertson, referred to herein as staff, has reviewed the Site Plan submitted on June 16, 2003, and has the following comments. 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 principalpermitted 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 (# 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 TWO 18, or (M) is at least 55 years of age. The applicant has stated that they will target a person who is at least 55 years of age to occupy the unit. (b) On lots that are one-half (112) acre or greater in size in the R1, 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. &0 Maximum occupancy of the accessory residential unit shall be two persons. That applicant has stated they will target a single person to occupy the unit. (e) The principal dwelling shall be owner -occupied. The applicant stated that the primary dwelling will remain owner -occupied. (tj 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. CITY OF SOUTH BURLINGTON 3 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \d rb\m isc\ki I I een. doc (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. (h) 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. (j) One additional off-street parking space shall be provided on the same lot. The subject property currently contains a two -car garage, as well as an addition 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. Staff feels the proposed accessory residential unit conforms to the stated purpose of the R4 District. CITY OF SOUTH BURLINGTON 4 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\mist\killeen. doc 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 adult individual. In addition, staff believes that 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. Staff believes that 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 adult resident 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. (t) General public health and welfare Staff does not believe that the proposed accessory apartment will have an adverse affect on general public welfare. Staff recommends that the Development Review Board approve this Conditional Use application, subject to the following conditions: This approval will allow one accessory residential unit within the primary residential structure at 11 Beacon Street. 2. 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 3.1O(E)(1) of the South Burlington Land Development Regulations, the accessory apartment shall be reincorporated into the primary residence. 3. 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. CITY OF SOUTH BURLINGTON 5 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING WrMin isclkil leen. doc 4. The principal dwelling shall remain owner -occupied. 5. The accessory residential unit shall not be used for any home occupation. 6. The applicant shall obtain a zoning permit within six months of this decision. 7. 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. 8. Prior to occupation of the accessory apartment, the applicant shall obtain a certificate of occupancy/compliance from the Administrative Officer. Respectfully submitted, �1 Brian Robertson, Associate Planner dopy to: Kieran and Jennifer Killeen, Applicant Permit Number CG - G J - APPLICATION FOR THE DEVELOPMENT REVIEW BOARD All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the site plan will result in your application being rejected and a delay in the review before the Development Review Board. I understand the presentation procedures required by State Law (Section 4468 of the Planning & Development Act). Also that hearings are held twice a month . That a legal advertisement must appear a minimum of fifteen (15) days prior to the hearing. I agree to pay a hearing fee which is to off -set the cost of hearing. Type of application check one: ( ) Appeal from decision of Administrator Officer (includes appeals from Notice of Violation) (X) Request for a conditional use ( ) Request for a variance ( ) Other PROVISION OF ZONING ORDINANCE IN QUESTION (IF ANY) Accessory Residential Unit 3.10.E (Page 75) WHAT ACTION OF THE ADMINISTRATIVE OFFICER ARE YOU APPEALING? 1) OWNER OF RECORD (Name as shown on deed, mailing address, phone and fax #) Kieran and Jennifer Killeen 11 Beacon Street, South Burlington,Vermont 05403 802-951-1946 2) LOCATION OF LAST RECORDED DEED (Book and page # 3) APPLICANT (Name, mailing address, phone and fax #) Kieran and Jennifer Killeen, 11 Beacon Street, S. Burlington, VT 05403, 802-951-1946 4) CONTACT PERSON (Name, mailing address, phone and fax #) Kieran and Jennifer Killeen, 11 Beacon Street, S. Burlington , VT 05403, 802-951-1946 5) PROJECT STREET ADDRESS: 11 Beacon Street 6) TAX PARCEL ID # (can be obtained at Assessor's Office) 1 u4431000 7) PROJECT DESCRIPTION a) Existing Uses on Property (including description and size of each separate use) Single Family Residential b) Proposed Uses on property (include description and size of each new use and existing uses to remain) Addition of Accessory Residential Unit c) Total building square footage on property (proposed buildings and existing buildings to remain) .Lta� S�ua.rtr�eR--�. d) Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement and mezzanine) 3o �� r Z�1cwrS e) Number of residential units (if applicable, new units and existing units to remain) One f) Number of employees & company vehicles (existing and proposed, note office versus non -office employees) Zero g) Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable): Sew AaA,,A 8) LOT COVERAGE a) Building: Existing % Proposed % b) Overall (building, parking, outside storage, etc) Existing _% Proposed % c) Front yard (along each street) Existing % Proposed (does not apply to residential uses) 2 9) COST ESTIMATES a) Building (including interior renovations): $ b) Landscaping: $ $250 c) Other site improvements (please list with cost): 10) ESTIMATED TRAFFIC $1,750 a) Average daily traffic for entire property (in and out): b) A.M. Peak hour for entire property (in and out): c) P.M. Peak hour for entire property (In and out):_ 11) PEAK HOURS OF OPERATION: 12) PEAK DAYS OF OPERATION: 13) ESTIMATED PROJECT COMPLETION DATE: Eight 8:00AM 5:OOFM 8 : ooAm Saturday 9/1/03 14) LIST ABUTTERS ( List names and addresses of all abutting property owners on a separate sheet of paper). 3 C I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. SIGNATURE OF (APPLICANT SIGN TURE OF PROPERTY OWNER Do not write below this line DATE OF SUBMISSION: REVIEW AUTHORITY: Development Review Board ❑ Director, Planning & Zoning I have reviewed this site plan application and find it to be: Imo' Complete ; ' ❑ In plete G' 17 Dire r anning omng or Designee ate 4 Narrative Explanation for (( litional Use Permit for 1 Addition of Accessory Residential Unit The addition of an accessory residential unit will entail the minor modification of an existing first floor bedroom (See Diagram A and B). The modifications will include: the installation of two French doors in place of existing windows along the south side of the home; This will provide a point of entrance and egress from the unit via the side yard (southern);We will also wall over the existing door to the room. Existing bath, eating and closet spaces will remain untouched. (See Diagram Q The existing property contains an enclosed two -car garage as well as one additional parking space. The unenclosed parking space is parallel to Beacon Street and does not obstruct the garage doors. (See Diagram A and D) Application for a Conditional Use Permit Kieran and Jennifer Killeen (11 Beacon St.) Item #14 List of Abutters George and Nancy Chamberland, 15 Beacon Street, South Burlington, VT 05403 2. Emily and Max Miller, 26 Victoria Drive, South Burlington, VT 05403 I -� 0.� to Sic . d�LA,�Ipiw Or , J L LIM WA Is PUBLIC HEARING SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD The South Burlington Development Review Board will hold a public hearing at the South Bur- lington City Hall, Confer- ence Room, 575 Dorset I Street, South Burlington, Vermont on Tuesdayy August 19, 2003, at 7:30 P.M. to consider the fol- lowing: 1 Application #MS-03-04 of Michael Kerr seeking conditional use approval under Sec- tion 14.10, Conditional Use Review, of the South Burlington Land Development Regula- tions. Request is for permission to allow the use of a recreational veh- icle for living purposes, 47 Dumont Avenue. 2. Final plat appli- cation #SD-03-48 of White Rock Develop- ment, JLC to amend a previously, approved 30- lot subdivision. The amendment consists of a planned unit develop- ment (PUD) application for lawn encroachment in the rear of lots #13, 14 and 15 pursuant to Sec- tion 12.01 (C) (4) of the Land Development Land Regulations, 620,636 & 654 Country Club Drive. 3. Application #CU-03-14 of Kieran and Jennifer Killeen seeking conditional use approval under Section 14.10, Conditional Use Review, of the South Burlington Land- Development Regu- lations. Request is for permission to allow an accessory residential unit,11 Beacon Street. 4. Preliminary plat application #SD-03-43 of Brian and Alice Wexler for a planned unit deve- lopment (PUD) consist- ing of : 1) subdividing -a 2.9 acre parcel into tow (2) lots of 1.3 acres (Lot A) and 1.6 acres (Lot B) , and 2) constiucting a two (2) family dwelling and a four (4) unit multi- family dwelling on Lot B, 1242 Shelburne Road. Copies of the applica- tions are available for public inspection at the South Burlington City Hall. John Dinklage, Chairman South Burlington Deve- lopment Renew Board August 2,2003