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HomeMy WebLinkAboutCU-03-10 - Decision - 0009 Pleasant Avenuei CITY of SOUTH BURLINGTON DEPARTMENT of PLANNING & ZONING Application #CU-03-10 FINDINGS of FACT, CONCLUSIONS & DECISION The South Burlington Development Review Board (DRB) held a public hearing on the application on July 1st, 2003. Based on testimony given at the above -mentioned public hearing and on the plans and supporting materials contained in the document file for this application, the DRB finds, concludes and decides as follows: FINDINGS of FACT 1. The applicant has requested conditional use approval for the razing of an existing single-family structure and construction of a new single-family structure with a total height of 28 feet above average finished grade. 2. The applicant has submitted a five -page set of building elevations and plans including a plan with the written notation "South Burlington DRB #CU-03-10." 3. The subject property is zoned QCP-Queen City Park 4. The proposed structure complies with all applicable dimensional requirements for the Queen City Park district with the exception of height. The proposed height of 28 feet above average finished grade requires a conditional use permit pursuant to Section 14.1o(G) and 4.o8(E) of the Land Development Regulations. CONCLUSIONS Zoning District & Dimensional Requirements §14.io(G) Conditional Use: General Standards 1. Single-family residential use, including rebuilds of existing homes, are clearly anticipated as the planned principal use in the Queen City Park district. This is reflected in the purpose statement for the district, which states in part that the QCP district "...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." Provisions for expanded footprints, allowances for pre-existing lots near Potash Brook and Lake Champlain, and heights greater than 25' are clearly anticipated in the Regulations in furtherance of the Comprehensive Plan policies for this area. CITY of SOUTH BURLINGTON DEPARTMENT of PLANNING & ZONING Application #CU-03-10 FINDINGS of FACT, CONCLUSIONS & DECISION 2. In making findings with respect to a conditional use, the Development Review Board finds that the proposed use will not adversely affect: a. The capacity of existing planned municipal or educational facilities; replacing a single-family house with a new one will not have any adverse effects b. The essential character of the neighborhood in which it is located or the ability to develop adjacent properties for appropriate uses; the proposed use and its design are consistent with the existing and planned character of this area c. Traffic on roads and highways in the vicinity; no impact d. Bylaws in effect; the proposal does not violate any provision of the bylaws e. Utilization of renewable energy resources; no impact f. General public health and welfare; no impact §4.08(E) Dimensional Requirements in the Queen City Park District. 3. Structures up to 35' in height in the QCP district are allowed with conditional use approval. The proposed house will be 28' at maximum above average finished grade. The DRB finds in accordance with §4.o8(E) that the proposed house will not affect adversely: (a) views of adjoining and/or nearby properties; no impact anticipated (b) access to sunlight of adjoining and/or nearby properties; no impact anticipated (c) adequate off-street parking; the site has and will continue to have adequate off-street parking to serve a single-family residence. DECISION and CONDITIONS MOTION duly made and seconded to approve application #CU-03-10, subject to the following conditions: �. All previous approvals and stipulations that are not superseded by this approval shall remain in effect. 2. Any change to the approved plan shall require approval by the Development Review Board. 3. A zoning permit shall be obtained within six months of the date of this decision, or the approval shall be null and void. 4 CITY of SOUTH BURLINGTON DEPARTMENT of PLANNING & ZONING Application #CU-03-10 FINDINGS of FACT, CONCLUSIONS & DECISION MOTION CARRIED by a vote off o-o. j Signed this / day of , 2003, by n Dinklage, Chairman th Burlington Development Review Board