HomeMy WebLinkAboutMS-99-03 - Decision - 0007 Pavilion Avenue#MS-00-03
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application of Craig and Joanne Anderson for approval of a height increase for
a single family dwelling at 7 Pavilion Avenue.
On the 1st of February, 2000, the South Burlington Development Review Board approved the
application of Craig and Joanne Anderson for approval under Section 11.402, Height of Structures
of the South Burlington Zoning Regulations based on the following findings:
1. This project consists of constructing a new single family dwelling to replace a seasonal camp. The
proposed dwelling is proposed to have a height of 32 feet which is seven (7) feet greater than permitted
under Section 11,401 of the zomig regulations.
2. The owners of record of this particular property are Craig and Joanne Anderson.
3. This property located at 7 Pavilion Avenue lies within the Queen City Park District. It is bordered on
the east by Pavilion Avenue, on the north and south by residences and on the west by Red Rocks Park.
4. Section 11.402 of the zoning regulations allows the maximum height of a structure to be increased to
35 feet subject to the provisions of Section 26.05 and Section 11.402(a) -.(c) of the zoning regulations.
5. Section 26.501: The proposed dwelling complies with the purpose of the Queen City Park District. The
purpose states in part that the district is hereby formed in order to encourage residential use .... it also
encourages the conversion of seasonal homes to year round residences.
6. Section 26.052: The proposed use will not adversely affect:
a) The capacity of existing or planned municipal or educational facilities. The proposed single family
dwelling is not anticipated to have any affect on municipal or educational facilities.
b) The essential character of the neighborhood or district in which the property is located. The
neighborhood is characterized by single family homes on small lots. This proposal will be in keeping with
that character.
c) Traffic on roads and highways in the vicinity. The amount of traffic added to the local road network
by the proposed dwelling is negligible.
d) Bylaws in effect. All setback and coverage requirements will be met.
e) Utilization of renewable energy resources. There is no such utilization in the vicinity to be affected by
the dwelling.
fl General public health and welfare. No adverse affect expected.
7. Criteria Review — Section 11.40: The proposed increase in height will not adversely affect:
a) Views of adjoining properties;
b) Access to sunlight of adjoining and/or nearby properties; and
c) Adequate on -site parking. The site plan submitted indicates that the site has adequate on -site parking
for two (2) vehicles.
DECISION AND CONDITIONS
Based on the above Findings of Fact, the South Burlington Development Review Board approves the
application MS-99-03 of Craig and Joanne Anderson seeking approval under Section 11.402, Height
of Structures, of the South Burlington Zoning Regulations. Request is for permission to construct
a single family dwelling with a maximum height above 25 feet and not to exceed 35 feet, 7 Pavilion
Avenue, as depicted on a two (2) page set of building elevation plans stamped received on 12/17/99
and on a site plan stamped received on 1/21/00, with the following stipulations:
1. All previous approvals and stipulations that are not superseded by this approval shall remain in
effect.
2. The applicants shall obtain a zoning permit within six (6) months pursuant to Section 27.302 of
the zoning regulations or this approval is null and void.
3. The proposed single family dwelling is approved for a maximum height of 35 feet above pre -
construction grade.
Chair or Clerk
South Burlington Development Review Board
3 /'-/;�vo�t
2