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HomeMy WebLinkAboutCU-01-12 - Decision - 0047 Proctor Avenue#CU-01-12 FINDINGS OF FACT AND DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: conditional use application #CU-01-12 of Elaine Greenfield seeking conditional use approval from Section 26.05, Conditional Uses and Section 26.75, Accessory Residential Units, of the South Burlington Zoning Regulations. Request is for permission to construct a 480 square foot accessory residential unit, 47 Proctor Avenue. On the 15th of May, 2001, the South Burlington Development Review Board approved the conditional use application of Elaine Greenfield under Section 26.05 and Section 26.75 of the South Burlington Zoning Regulations based on the following findings: 1. This applicant sought conditional use approval under Section 26.05, Conditional Uses, and Section 26.75, Accessory Residential Units, of the South Burlington Zoning Regulations. Request was for permission to construct an accessory residential unit not to exceed 30% of the living space of the primary residence. 2. The owner of record is Elaine Greenfield. 3. The property at 47 Proctor Avenue is located in the Residential Four District. It is bounded on the east by Orchard Road, on the north by Proctor Avenue, on the west by a single family residence, and on the south by a single family residence. 4. The proposed use complies with the stated purpose of the Residential Four District to "encourage residential use at moderate densities that are compatible with existing neighborhoods and undeveloped land adjacent to those neighborhoods." The proposed use will not adversely affect: a) the capacity of existing or planned community facilities. No affect expected. b) the character of the area affected. No adverse affect is expected. c) traffic on roads or highways in the vicinity. The proposed use is not expected to impact traffic. d) bylaws in effect. The proposal is in conformance with the zoning regulations. e) utilization of renewable resources. There is no utilization of renewable energy resources to be affected. f) general public health and welfare. No adverse affect is expected. 5. Section 26.75 of the Zoning Regulations: The occupancy of this accessory unit will be limited to the conditions of Section 26.75 of the Zoning Regulations including: a) Occupancy of the accessory residential unit is restricted to not more than two (2) persons, one of whom is related by blood or marriage to the owner of the primary single-family residence, or is disabled as defined in subdivision 252(2) of Title 18, or is at least 55 years of age. b) Floor space of the accessory residential unit shall not exceed 30% of the floor space of the existing living area of the primary single-family residence or 400 square feet, whichever is greater. Information provided by the applicant indicates that the accessory residential unit may exceed the size limitation of 30%. Staff will attempt to resolve this issue before the meeting. c) The primary single-family residence is occupied by the owner. The applicant has been made aware of these conditions and does not have a problem with them. DECISION AND CONDITIONS Based on the above Findings of Fact, the South Burlington Development Review Board approves conditional use application #CU-01-12 of Elaine Greenfield seeking conditional use approval from Section 26.05, Conditional Uses and Section 26.75, Accessory Residential Units, of the South Burlington Zoning Regulations. Request is for permission to construct a 480 square foot accessory residential unit, 47 Proctor Avenue, as depicted on a three (3) page set of plans, page one entitled "Proposed Addition for Greenfield Residence So. Burlington, Vermont", with a stamped received date of 4/11/01, with the following stipulations: 1) All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2) The occupancy of this accessory unit will be limited to the conditions of Section 26.75 of the Zoning Regulations including: d) Occupancy of the accessory residential unit is restricted to not more than two (2) persons, one of whom is related by blood or marriage to the owner of the primary single-family residence, or is disabled as defined in subdivision 252(2) of Title 18, or is at least 55 years of age. e) Floor space of the accessory residential unit shall not exceed 30% of the floor space of the existing living area of the primary single-family residence or 400 square feet, whichever is greater. f) The primary single-family residence is occupied by the owner. 3) The applicant 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. ra 4) Any change to the site plan shall require approval by the South Burlington Development Review Board. Chair or Clerk Date South Burlington Development Review Board Please Note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 V.S.A. § 4471 and V.RC.P. 76, in writing, within 30 days of the date this decision is issued. The fee is $150.00. If you fail to appeal this decision, your right to challenge this decision at some future time may be lost because you waited too long. You will be bound by the decision, pursuant to 24 V.S.A. § 4472(d) (exclusivity of remedy; finality).