HomeMy WebLinkAboutMS-09-02 - Decision - 0014 Bacon Street#MS-09-02
CITY Or SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
DIEMER PROPERTIES -14 BACON STREET
MISCELANEOUS APPLICATION #MS-09-02
FINDINGS OF FACT AND DECISION
Diemer Properties, LLC, hereafter referred to as the applicant, is seeking miscellaneous
approval to alter the western elevation of a 14 unit multi -family dwelling, 14 Bacon
Street.
The Development Review Board held a public hearing on April 7, 2009. Mike Diemer
represented the applicant.
Based on testimony provided at the above mentioned public hearing and the plans and
supporting 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 is seeking miscellaneous approval to alter the western elevation of a 14
unit multi -family dwelling, 14 Bacon Street.
3. The owner of record of the subject property is Diemer Properties, LLC.
3. The application was received on March 17, 2009.
4. The subject property is located in the C1-R15 Zoning District.
5. The applicant submitted photos of the building elevation with the proposed window
installed.
6. The applicant received final plat approval on August 16, 2005. As part of the original
approval, the applicant requested and received a height waiver of 15.5 feet for the
residential building. The building is 50.5 feet at its highest point. The limitation on building
height for a flat roof structure is 35 feet.
7. There is no proposed change to the height of the building. However, the applicant is
proposing to change the previously submitted elevation by adding a new round window,
with the graphic of the family crest, in the tower area.
8. Site Plan standards, pursuant to Section 14.03(A)(6) of the South Burlington Land
Development Regulations, relating to height and design of buildings are as follows:
Without restricting the permissible limits of the applicable zoning district, the height and scale of each
building shall be compatible with its site and existing or adjoining buildings.
FIUSERS\Planning & Zoning\Development Review Board\Findings_Decisions\2009\Diemer\Diemer_MS0902_ffd.doc
#MS-09-02
The DRB shall encourage the use of a combination of common materials and architectural
characteristics, landscaping, buffers, screens and visual interruptions to create attractive transitions
between buildings of different architectural styles.
Proposed structures shall be related harmoniously to themselves, the terrain, and to existing
buildings and roads in the vicinity that have a visual relationship to the proposed structures.
The proposed changes to the building elevation meet this requirement.
DECISION
Motion by 6R « Kim seconded by 46[-K *t�'l
to approve Miscellaneous Application #SD-09-02 of Diemer Properties, LLC, subject to
the following conditions:
1. All previous approvals and stipulations shall remain in full effect except as amended
herein.
2. This project shall be completed as shown on the photos submitted by the applicant
and on file in the South Burlington Department of Planning and Zoning.
3. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer
prior to occupancy of the building.
Mark Behr — �/nay/abstain/not present
Matthew Birmingham —�e�?a/nay/abstain/not present
John Dinklage — yea/nay/abstain not present
Roger Farley — nay/abstain/not present
Eric Knudsen — yea/nay/abstain nod present
Peter Plumeau —5enay/abstain/n
/nay/abstai not present
Gayle Quimby —ot present
Motion carried by a vote of -(�- v -6>
I
Signed this day of 2009, by
Mark Behr, Vice Chairman
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRECP 5 in writing, within 30 days of the date this
decision is issued. The fee is $225.00. 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 VSA 4472 (d) (exclusivity of remedy;
finality).
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FAUSERS\Planning & Zoning\Development Review Boa rd\Findings_Decisions\2009\Diemer\Diemer_MS0902_ffd.doc