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HomeMy WebLinkAboutCU-18-04 - Decision - 0009 Pavilion Avenue#CU-18-04 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING CHARLES R. FARRELL CONDITIONAL USE APPLICATION #CU-18-04 FINDINGS OF FACT AND DECISION Conditional use application #CU-18-04 of Charles Farrell to add a 427 square foot addition to the second floor of an existing 2-story house above the existing structure, 9 Pavilion Avenue. The Development Review Board held a public hearing on April 3, 2018. The applicant represented himself. Based on the plans and 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, Charles Farrell, seeks a conditional use permit to add a 427 square foot addition to the second floor of an existing 2-story house above the existing structure, 9 Pavilion Avenue. 2. The owners of record of the subject property are Charles R. Farrell and Jessica J. Sankey. 3. The subject property is located in the Queen City Park Zoning District. 4. The applicant is proposing to expand the existing non -conforming home by adding a 427 square foot addition to the second floor and a 29 square foot addition to the basement, subjecting the Project to the requirements of Section 4.08F. The requirements of Article 14 pertaining to Conditional Use also apply. S. The basement addition is an after -the -fact approval. 6. The application was received on March 1, 2018. 7. The plans submitted consist of a three (3) page set of plans with page one (1) entitled, "Plat of Survey", prepared by Warren A. Robenstein, and last revised 2/16/2018. #CU-18-04 ZONING DISTRICT AND DIMENSIONAL REQUIREMENTS QCP Zoning District Required Existing Proposed @ Min. Lot Size 7,500 SF 4,918 SF 4,918 SF N' Max. Building Coverage' 40 % 24.9 % 24.9 % Max. Overall Coverage' 60 % 31.2% 31.2% @ Min. Front Setback 10 ft. 7 ft. 7 ft. @ Min. Side Setback 5 ft. / 3 ft. with conditional review 2.5 ft. 2.5 ft' -\I Min. Rear Setback 10 ft. > 10 ft. No change Height (pitched roof) 25 ft. 25 ft. 25 ft. d Zoning Compliance @ Existing nonconforming 1. Section 3.07J(5) provides higher allowable building and overall coverages for small lots. 2. Existing to remain. Proposed addition to be 3 ft. minimum from side property line. The additional basement square footage is considered expansion of the structure and as interior building square footage but does not contribute towards building coverage because below grade structures do not count towards building coverage, nor does it create additional impervious surfaces because it is located in the existing paved driveway, therefore coverages are unchanged from existing to proposed. 3.06(J) EXCEPTIONS TO SETBACK AND LOT COVERAGE REQUIREMENT FOR LOTS EXISTING PRIOR TO FEBRUARY 28, 1974. The following exceptions to setbacks and lot coverages shall be permitted for lots or dwelling units that meet the following criteria: the lot or dwelling unit was in existence prior to February 28, 1974, and the existing or proposed principal use on the lot is a single-family dwelling or a two-family dwelling. (1) Side and Rear Setbacks. A structure may encroach into the required side or rear setback up to a distance equal to 50% of the side or rear setback requirement of the district, but in no event shall a structure have a side setback of less than five (5) feet. (2) Front Setbacks. A structure may encroach into a required front setback up to the average distance to the building line of the principal structures on adjacent lots on the same street frontage, but in no event shall a structure have a front setback of less than five (5) feet. (3) Additional Encroachment Subject to DRB Approval. Encroachment of a structure into a required setback beyond the limitations set forth in (1) and (2) above may be approved by the Development Review Board subject to the provisions of Article 14, Conditional Uses, but in no event shall a structure be less than three (3) feet from a side or rear property line or less than five (5) feet from a front property line. In addition, the Development Review Board shall determine that the proposed encroachment will not have an undue adverse affect on: (a) views of adjoining and/or nearby properties; (b) access to sunlight of adjoining and/or nearby properties; (c) adequate on -site parking; and (d) safety of adjoining and/or nearby property. 2 #CU-18-04 The applicant is proposing to construct the second floor addition no nearer than three feet to the side lot line. The Board finds that the impacts to nearby properties of allowing the minimum side setback to be reduced from five (5) feet to three (3) feet do not adversely affect views, access to sunlight, or safety, nor does it adversely affect adequacy of on -site parking. Overall impacts of the proposed additions are discussed below under Section 4.08F (3). QUEEN CITY PARK DISTRICT 4.08F Nonconforming Structures in the Queen City Park District Structures in the Queen City Park District shall be subject to the provisions of Article 3, Section 3.11, nonconformities, and to the following requirements and restrictions: (1) Any nonconforming structure may be altered provided such work does not: (a) Exceed in aggregate cost thirty-five percent (3596) for residential properties and twenty-five percent (25%) for nonresidential 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 structure's height or footprint, or otherwise involve an increase to the square footage of the building or structure. (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. The applicant is not subject to the 35% fair market value criterion since it was constructed prior to February 28, 1974 (See Section 3.11D(3)). The applicant is proposing to exceed the square footage criterion. The applicant is proposing to increase the building's square footage by 456 square feet, consisting of 427 square feet on second floor and 29 square feet in basement. Therefore the application is subject to conditional use review. (3) The Development Review Board 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. This criterion addresses the overall impact of the project, while the criterion under 3.06.1 (3) is specific to the impacts of the portion of the project within five feet of the side property line. The proposed addition is to raise the existing roof height on the rear of the existing house to match the roof height on the front of the existing house. The base elevation for the subject property is within three feet of the base elevation of the immediately adjoining properties. The property to the north is a 1.5 story building. The property to the south is a 3 story building. The properties across the street to the north is a 2 story building and the home on the property across the street to the south is not in immediate view of the subject property. The Board finds that on an overall basis, views of adjoining properties will not be affected. 3 #CU-18-04 The applicant completed a shadow study prepared using Helioscope, a software package for analyzing shade impacts from nearby structures, trees, other vegetation, etc. The applicant ran four simulations: • March 21— existing shading • March 21— shading with proposed addition • December 21— existing shading • December 21— shading with proposed addition The rationale for these dates is that December 21 is the date at which the sun is at its lowest on the horizon in the Northern Hemisphere and therefore offers the greatest degree of shading impact. The March 21 date was intended to address impacts at the beginning of the spring / outdoor season. These impacts would be the same as September 21. The study showed that there would be no impact on March 21 during the simulated times (10AM to 2PM) on the adjoining property to the north from either current or proposed conditions, and thus no impact between March 21 and Sept 21 as well. Further there is no significant increase in impact on December 21, as the entire house, porch and hot tub area are already impacted by the current shading conditions of the subject home. The Board finds this criterion met. The Board finds on -site parking to be adequate. CONDITIONAL USE REVIEW Pursuant to Section 12.01C(4) of the South Burlington Land Development Regulations (New Uses and Encroachments within Stream Buffers), the proposed use shall be reviewed as a conditional use and shall meet the following standards of Section 14.10(E): 14.10E General Review Standards The Development Review Board shall review the proposed conditional use for compliance with all applicable standards as contained in these regulations. The proposed conditional use shall not result in an undue adverse effect on any of the following: (1) The capacity of existing or planned community facilities. This project will have no adverse effect upon community facilities. The Board finds this criterion met. (2) 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 Board finds that the proposed project is consistent with the stated purpose of the Queen City Park (QCP) district, which is in part "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 conversion of seasonal homes to year round residences." The Board finds this criterion met. S #CU-18-04 (3) Traffic on roads and highways in the vicinity. This project will have no adverse effect on traffic on roads and highways in the vicinity. The Board finds this criterion met. (4) Bylaws and ordinances then in effect. The Board finds this criterion met. See above for a discussion of compliance with dimensional and nonconforming structure standards. (5) Utilization of renewable energy resources. This project will not affect renewable energy resources. The Board finds this criterion met. DECISION Motion by Matt Cota, seconded by Frank Kochman, to approve conditional use application #CU-18-04 of Charles Farrell, subject to the following conditions: 1. All previous approvals and stipulations shall remain in full effect except as amended herein. 2. This project must 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 must 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 approved plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. Mark Behr Yea Nay Abstain Matt Cota Yea Nay Abstain Frank Kochman Yea Nay Abstain Bill Miller Yea Nay Abstain Jennifer Smith Yea Nay Abstain Brian Sullivan Yea Nay Abstain John Wilking Yea Nay Abstain Motion carried by a vote of 4 — 0 —1 Signed this 18 day of April, 2018, by Bill Miller, Chair 5 Nn+ Drneon+ Not Present Not Present Not Present Not Present Not Present Nn+ Drneon+ #CU-18-04 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://vermonteudiciarV.org/GTC/environmental/default.aspx 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 802.477.2241 to speak with the regional Permit Specialist. n