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Home My WebLink AboutCU-17-03 - Decision - 0009 Pavilion Avenue#CU-17-03 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING CHARLES R. FARRELL --- 9 PAVILION AVENUE CONDITIONAL USE APPLICATION #CU-17-03 FINDINGS OF FACT AND DECISION Conditional use application #CU-17-03 of Charles R. Farrell to alter a non -complying single family dwelling by: 1) expanding the third story by 427 sq. ft., and 2) constructing a 29 sq. ft. basement entry, 9 Pavilion Avenue. The Development Review Board held a public hearing on May 2, 2017. The applicant represented himself. Based on the plans and materials contained in the document file for this application, the Board finds, concludes, and decides the following: FINDINGS OF FACT 1. Charles R. Farrell, hereinafter referred to as the applicant, is seeking conditional use approval to alter a non -complying single family dwelling by: 1) expanding the third story by 427 sq. ft., and 2) constructing a 29 sq. ft. basement entry, 9 Pavilion Avenue 2. 2. The owner of record of the subject property is Charles R. Farrell & Jessica Sankey. 3. The subject property is located in the Queen City Park Zoning District. 4. The application was received on February 24, 2017. 5. The plan set submitted consists of a four (4) page set of plans, page one (1) entitled "Second Floor Addition Sankey Residence Pavilion Ave., South Burlington, VT", prepared by G4 Design Studios, and dated 1/10/17. 6. The single family dwelling is a nonconforming structure as it does not meet the front setback requirement of 10 ft. nor side setback requirement of five (5) feet. 7. The house is currently situated one (1) foot from the front property line and 2.5 feet from the side property line. 8. The house was constructed prior to February 28, 1974. 9. The proposed third story addition will be setback from the southerly side property boundary by 2.5 feet - 1 - CONCLUSIONS OF LAW CONDITIONAL USE CRITERIA Pursuant to Section 14.10(E) of the Land Development Regulations, the proposed conditional use shall not result in an undue adverse effect on any of the following: (a) The capacity of existing or planned community facilities. The Board concludes that the proposed addition will not have an undue adverse effect on community services. (b) The planned 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 property is located within the Queen City Park Zoning District. The purpose of the District is stated as follows: A Queen City Park District (QCP) is hereby 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 conversion of seasonal homes to year round residences. Any use not expressly permitted is prohibited, except those that are allowed as conditional uses. The Comprehensive Plan, last adopted March 9, 2011, includes several objectives and recommendations related to housing in the community. Housing Objective 2 (page 40) states: "Offer a full spectrum of housing choices that includes options affordable to households of varying income levels and sizes by striving to meet the housing targets set forth in this Plan". The Board assessed whether such an encroachment creates an adverse effect, AND if so, whether the adverse effect is undue on the planned character of the area. 9. Based on this information above, the Board concludes that this application does not rise to the level of creating an undue adverse affect on the planned character of the area. (c) Traffic on roads and highways in the vicinity. 10. The Board concludes that the proposed addition will not affect traffic in the vicinity. (d) Bylaws and ordinances then in effect. 11. See below concerning setbacks. (e) Utilization of renewable energy resources. -2- #CU-17-03 12. The Board concludes that the proposed addition will not affect the utilization of renewable energy resources. SETBACKS Queen City Park required setbacks are five (5) feet from the side property lines and 10 feet from the front and rear property lines. The property in question was in existence prior to 2/28/74 so Section 3.06 (1) can apply. 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 some 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. 13. Section 3.06 (J) (2) of the LDRs limits the allowable side lot setback to three (3) feet and �- oortion of the addition to have a 2.5 foot setback which is 0.5 feot n permitted. The Board concludes that the proposed addition will r o- section. -3- 1.1 I. OBVEGO DECISION Motion by Matt Cota, seconded by Jennifer Smith, to approve conditional use application #CU- 17-03 of Charles R. Farrell. Mark Behr Yea Nay Abstain Not Present Matt Cota Yea Nay Abstain Not Present Frank Kochman Yea Nay Abstain Not Present Bill Miller Yea Nay Abstain Not Present David Parsons Yea Nay Abstain Not Present Jennifer Smith Yea Nay Abstain Not Present John Wilking Yea Nay Abstain Not Present The motion fails by a vote of 0-5-0 and the application is denied. Signed this 17th day of May Bill Miller, Chair 2017, by 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://vermontiudiciary.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. -4-