The URL can be used to link to this page

Home My WebLink AboutCU-16-02 - Decision - 0011 Pavilion Avenue#CU-16-02 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING LYNN VERA-11 PAVILION AVENUE CONDITIONAL USE APPLICATION #CU-16-02 FINDINGS OF FACT AND DECISION Conditional use application #CU-16-02 of Lynn Vera to construct a 267 sq. ft. deck to the rear of a nonconforming single family dwelling, 11 Pavilion Avenue. The Development Review Board held a public hearing on April 19, 2016. The applicant represented herself by way of a conference call at the meeting. 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, Lynn Vera, seeks conditional use approval to construct a 267 sq. ft. deck to the rear of a nonconforming single family dwelling, 11 Pavilion Avenue. 2. The owner of record of the subject property is Lynn Vera. 3. The subject property is located in the Queen City Park Zoning District. 4. The application was received on March 14, 2016. 5. The plan submitted consists of a single color page drawing prepared by the applicant. 6. This project is subject to review under the Land Development Regulations covering the Queen City Park zoning district (which itself also requires review under Section 3.11, nonconformities) and Section 14.10 conditional uses. Zoning District & Dimensional Requirements: QCP'Zoning District Required Existing '' .Proposed t Min. Lot Size 7500 S.F. 5,663 SF No change Max. Building Coverage 40% 28.1 % (1,590 SF) No change Max. Overall Coverage 50% 49.7 % (2,814 SF) 50 % (2,831 SF) Min. Front Setback 10 ft. 11 ft. No change Min. Side Setback 5 ft. 6 ft. and unknown No change Min. Rear Setback 10 ft. ^30 ft. No change Max. Building Height 25 ft. 22 ft. No change ,l Zoning compliance t Pre-existing non -conforming 1 #CU-16-02 4.08 QUEEN CITY PARK DISTRICT QCP F. Nonconforming Structures. 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 (355vo) for residential properties and twenty-five percent (255yo) 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. (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; The proposed deck will be on the rear of the house. The parcel to the south of the applicant's property is buffered from the deck by an existing portion of the applicant's house. The parcel to the north is buffered from the deck by the existing garage on the applicant's property. There is a stand of trees between the applicant's property and the property to the west, Red Rocks Park. The Board finds this criterion met. (b) Access to sunlight of adjoining and/or nearby properties; and Since the proposed deck is near ground -level and abutting properties are buffered from its view, the Board finds this criterion met. (c) Adequate on -site parking. A portion of the paved driveway will be removed to prevent the overall coverage permitted at this property from being exceeded. The Board finds this criterion met. G. Additional Standards. (1) Development, construction, and alterations within the QCP District within one hundred (100) linear feet of the center line of Potash Brook shall be subject to the requirements of the Potash Brook Overlay District. (2) Multi family dwellings shall be subject to site plan review, as per Article 14, and shall be 2 #CU-16-02 limited to a maximum of four (4) dwelling units per structure. The distance of this lot to Potash Brook is over 600 feet and this is not a multi -family dwelling. 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. (b) 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. (c) Traffic on roads and highways in the vicinity. There is no reason to believe that the deck constructed will adversely affect any of the above criterion. (d) Bylaws and ordinances then in effect. The property is in compliance with the bylaws in effect, or is existing nonconforming. The proposed deck represents an increase in overall building coverage and lot coverage, but is within the permitted limits. (e) Utilization of renewable energy resources. The proposed deck will not affect the use of renewable energy resources. Other Maximum building coverage permitted is 40% and maximum lot coverage is 50%. A portion of the paved driveway will be removed to prevent the overall coverage permitted at this property from being exceeded and will result, after the proposed deck is built, in an overall coverage of 49.7%. DECISION Motion by John Wilking, seconded by Matt Cota, to approve conditional use application #CU-16-02 of Lynn Vera subject to the following conditions: 1. All previous approvals and stipulations which are not changed by this decision, will remain in full effect. 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 twelve (12) 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. 3 Mark Behr Yea Nay Abstain Matt Cota Yea Nay Abstain Frank Kochman Yea Nay Abstain Bill Miller Yea Nay Abstain David Parsons Yea Nay Abstain Jennifer Smith Yea Nay Abstain John Wilking Yea Nay Abstain Motion carried by a vote of 4— 0 — 1. Signed this 26 day of April l Y i Bill Miller, Vice -Chair 2016, by #CU-16-02 Not Present Not Present Not Present Not Present Not Present Not Present 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://vermontjudiciary.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 802.879.5676 to speak with the regional Permit Specialist. El