The URL can be used to link to this page

Home My WebLink AboutMS-08-04 - Decision - 0003 Pavilion Avenue#MS-08-04 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING YIOTA AHLADAS - 3 PAVILION AVENUE MISCELLANEOUS APPLICATION #MS-08-04 FINDINGS OF FACT AND DECISION Yiota Ahladas, hereafter referred to as the applicant, is seeking to expand a non- complying single family dwelling by enclosing an existing 12' x 14' deck, 3 Pavilion Avenue. The Development Review Board held a public hearing on Tuesday, June 17, 2008. The applicant was present at the hearing. 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 Development Review Board finds, concludes, and decides the following: FINDINGS OF FACT 1. The applicant is seeking to expand a non -complying single family dwelling by enclosing an existing 12' x 14' deck, 3 Pavilion Avenue. 2. The owner of record of the subject property is Yiota Ahladas. 3. The subject property is located in the Queen City Park (QCP) Zoning District. 4. The plans submitted consist of two (2) hand drawn plans depicting existing and proposed condition on the property, dated May 2008. Zoning District & Dimensional Requirements: QCP Zoning District Required Proposed �► Min. Lot Size 7500 S.F. 2195 S.F *** Max. Building Coverage 40% 39.3% ***Max. Overall Coverage 60% 45.2% * Min. Front Setback loft 8 ft * in. Side Setback 5 ft. Aprox 2 ft. * Min. Rear Setback 10 ft. Approx 17 ft. 4 Max. Building Height 25 ft. 23 ft.� A Pre-existing non-compliance - 1 - #MS-08-04 ****Many of the homes in the Queen City Park neighborhood are eligible for relief from setbacks and coverages under Section 3.06 of the South Burlington Land Development Regulations for pre-existing non -compliant lots which existed prior to February 28, 1974. Lots smaller than 5000 square feet in size may exceed the maximum allowed for the district up to a maximum of forty percent (40%) for buildings and sixty percent (60%) for overall coverage. This applicant has been reviewed under Section 4.08 of the South Burlington Land Development Regulations. A. Purpose: A Queen City Park District is herby formed in order to encourage residential use at densities and setbacks that are compatible with the existing character of the Queen City Park neighborhood. It is designed to promote the area's historic development pattern of smaller lots and reduced setbacks. This district also encourages the conversation of seasonal homes to year round residences. The proposed addition is in compliance with the purpose of the QCP Zoning District B. Comprehensive Plan The proposed addition is harmonious with the City's Comprehensive plan. C. Permitted Use The proposed residential addition is a permitted use in the QCP district. D. Conditional Uses The proposed project does not require conditional use review. E. Area, Density, and Dimensional Requirements ****Many of the homes in the Queen City Park neighborhood are eligible for relief from setbacks and coverages under Section 3.06 of the South Burlington Land Development Regulations for pre-existing non -compliant lots which existed prior to February 28, 1974. Lots smaller than 5000 square feet in size may exceed the maximum allowed for the district up to a maximum of forty percent (40%) for buildings and sixty percent (60%) for overall coverage. F. Height of Structures The maximum height for all structures shall be no more than twenty-five feet above the average pre -construction grade adjoining such structure. The existing height of the roof is 23'. This is within the standard allowable use in the district. -2- #MS-08-04 G. Non -Complying Structures Structures in the Queen City Park District are not subject to all provisions of Article 3, non -complying structures shall be subject to the following requirements and restrictions: (1) Any non -complying building or structure may be altered provided such work does not: a. Exceed in aggregate cost thirty-five percent for residential properties and twenty five percent for non-residential properties of the fair market value as determined by the City Assessor or by a separate independent appraisal approved by the Administrative Officer, or b. Involve an increase to the structures height or footprint, or otherwise involve an increase to the square footage of the building or structure. The applicant has proposed a building cost of $18,000 and is thus in compliance with part `a' of this criterion. However, the square footage of the building will be increased. Therefore, Section 4.08(G)(2) applies: (2) The Development Review Board may approve any alteration which exceeds the thirty-five and twenty-five percent rule described above or which involves an increase to the structure's height, footprint, or square footage subject to the provisions of Article 14, Conditional Use Review. Compliance has been evaluationed with the criteria in the section of this report titled `Conditional Use Review'. (3) In addition to the provisions set forth above, the DRB shall determine that the proposed alteration or expansion will not adversely affect: a. Views of adjoining and/or nearby properties; b. Access to sunlight of adjoining and/or nearby properties; and c. Adequate on -site parking. These criteria are evaluated below as part of conditional use review. CONDITIONAL USE CRITERIA Pursuant to Section 14 10(E) of the Land Development Regulations the proposed conditional use shall meet the following standards: 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. The proposed addition is not in conflict with the planned 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 located. -3- #MS-08-04 According to Section 4.08(A) of the Land Development Regulations, the QCP Zoning District is formed in order to encourage residential use at densities and setbacks that are compatible with the existing character of the Queen City Park neighborhood. It is designed to promote the area's historic development pattern of smaller lots and reduced setbacks. This district also encourages the conversation of seasonal homes to year round residences. Again, the proposed addition is in compliance with the proposed purpose of the district. 3. 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 addition will not adversely affect 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 proposed addition will not adversely affect the character of the neighborhood. The QCP district is historically a very dense neighborhood. The proposed addition is to the rear of the property and will be largely unseen. (c) Traffic on roads and highways in the vicinity. The proposed addition will not affect traffic in the vicinity. (d) Bylaws in effect. The proposed addition adheres to the applicable regulations in all instances except for consideration of the existing structure as a pre-existing non -conforming structure. (e) Utilization of renewable energy resources. The proposed addition will not affect renewable energy resources. (f) General public health and welfare. The proposed addition will not have an adverse affect on general public welfare. Pursuant to Section 4 08(G)(3) of the Land Development Regulations, the proposed alteration or expansion will not adversely affect: (a) views of adjoining and/or nearby properties; The building expansion is one (1) story so it will not adversely affect views. (b) access to sunlight of adjoining and/or nearby properties; The building expansion is one (1) story so it will not adversely affect access to sunlight. SEI! #MS-08-04 (c) adequate on -site parking; and The proposed building expansion will not have an undue adverse affect on adequate on - site parking. (d) safety of adjoining and/or nearby property. The proposed building expansion will not have an undue adverse affect on the safety of adjoining properties. l DECISION Motion by �� rM'✓ seconded by k6v �� to approve Miscellaneous Application #MS-08-04 of Yiota Ahladas, subject 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 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 pursuant to Section 17.04 of the Land Development Regulations or this approval is null and void. 4. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. Mark Behr — yea/nay/abstain/not present?.____ Matthew Birmingham — yea/nay/abstain/;pot prese John Dinklage a nay/abstain/not present Roger Farley —, nay/abstain/not present Eric Knudsen — ea/nay/abstain/not resent Peter Plumeau — ea/nay/abstain/ o prese Gayle Quimby —�ay/abstain/not present Motion carried by a vote of `t - 0- D Signed this day of 2008, by John Din lage, Chair"','` -5- #MS-08-04 Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRECP 5 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). 190MI