HomeMy WebLinkAboutCU-12-02 - Decision - 0042 Berkley StreetCITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
LAURIE SOHRABI— 42 BERKLEY STREET
CONDITIONAL USE APPLICATION #CU-12-02
FINDINGS OF FACT AND DECISION
Laurie Sohrabi, hereafter referred to as the applicant, is seeking conditional use approval to construct
a 416 sq. ft. addition to a single family dwelling for use as an accessory residential unit, 42 Berkley
Street
The Board held a public hearing on this application on August 7, 2012. The applicant represented
herself.
Based on testimony provided at the above mentioned public hearing and the plans ands supporting
materials contained in the document file for this application, the Development Review Board, finds,
concludes, and decides the following:
1. Laurie Sohrabi, hereafter referred to as the applicant, is seeking conditional use approval of a
416 sq. ft. accessory residential unit, 42 Berkley Street.
2. The owner of record of the subject property is Laurie Sohrabi.
3. The application was received on June 29, 2012.
4. The subject property is located in the R4 Zoning District.
5. The plan submitted is entitled "Kevin Rand, S. Burlington Addition"", prepared by Allen Lumber
Co., dated 05/03/2012, last revised on 5/18/2012.
ACCESS0RYRESIDEN7Z4L UNITS
Pursuant to Section 3.10(E) of the proposed Land Development Regulations, in any district where a
single-family residence is a principal permitted use, one (1) accessory residential unit within or attached
to a primary single-family residence or within an existing, permitted accessory structure may be
permitted by the DRB in accordance with Article 14.10 Conditional Use Review, and the following
additional criteria:
(a) Floor space of the accessory residential unit shall not exceed thirty percent (305yo) of the total
habitable area of the single-family dwelling unit.
The current total habitable area of the single family dwelling unit is 1680 SF. The accessory
residential unit is proposed to be 416 SF, or 24.8% of the habitable area of the principal dwelling.
Thus, the applicant is in compliance with this criterion.
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(b) The principal dwelling shall be owner occupied.
The owners currently reside in the principal dwelling. This shall remain the case.
(c) The accessory dwelling shall be an efficiency or one bedroom unit.
The proposed accessory dwelling is a one -bedroom unit.
(d) Adequate wastewater capacity is available to service the accessory unit, as demonstrated by the
issuance of a Wastewater Allocation or on -site wastewater permit pursuant to the South Burlington
Ordinance regulating the use of public and private sanitary sewage and stormwater systems.
(A). The avnlicant shall app/v for wastewater allocation from the Director of Planning and
zo_ nines
(e) Two additional off-street parking spaces shall be provided on the same lot, either in a garage or a
driveway, or not in any areas required to meet coverage limitations, or any front yard other than a
driveway, required by these Regulations.
The driveway appears to be of a sufficient size to fit vehicles 2x2 as well as an additional vehicle in
the driveway. This is sufficient to satisfy this requirement.
)9 If occupancy of the unit is to be restricted in the deed of the single-family home to a disabled
person, no additional off-street parking is required.
No such deed restrictions are proposed. This criterion is not applicable.
(g) A zoning permit shall be required for each accessory residential unit.
(B). The awlicant shall obtain a zoning permit from the Administrative Officer for the
accessory residential unit.
CONDITIONAL USE CRITERIA
Pursuant to Section 3.10(E), Conditional Use Review by the Development Review Board
pursuant to Article 14, Section 14.10 shall be required if the establishment of the
accessory residential unit involves the "construction of a new accessory structure, an
increase in the height or floor area of the existing single-family dwelling..... "
The DRB must rind that the proposed uses will not adversely affect the following:
1) The capacity of existing or planned community facilities
The capacity of educational facilities is unlikely to be affected, as the accessory apartment is limited to
one bedroom. The accessory apartment will not adversely affect other municipal services.
2) The character of the area affected, as defined by the purpose or purposes of the zoning district in
which the project is located, and specifically stated policies and standards of the municipal plan.
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The proposal is in keeping with residential uses on surrounding properties and will not adversely affect
the character of the area or the ability to develop adjacent properties.
3) Traffic on roads and highways in the vicinity.
The addition of one or two residents will have negligible affects on traffic in the vicinity.
4) Bylaws and ordinances then in effect.
The proposed project is in keeping with regulations, provided the applicant obtains adequate water
and sewer allocations.
5) Utilization of renewable energy resources.
The proposal will not affect renewable energy resources.
DECISION
Motion by Bill Stuono, seconded by Bill Miller, to approve conditional use application #CU-12-02 of
Laurie Sohrabi subject to the following conditions:
1. All previous approvals and stipulations which are not superseded by this approval shall remain
in full effect.
2. The project shall 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 shall obtain a zoning permit for the accessory apartment within six (6) months
or this approval is null and void.
4. Any change to the site plan shall require approval by the South Burlington Development
Review Board.
5. The principal dwelling shall remain owner -occupied.
6. The applicant shall obtain wastewater allocation from the Director of Planning and Zoning prior
to issuance of a zoning permit.
7. The accessory dwelling unit is limited to only one (1) bedroom.
Tim Barritt— 3MWnay/abstain/not present
Mark Behr — Xgg/nay/abstain/not present
Roger Farley --yea/nay/abstain/not present
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Art Klugo — nay/abstain/not present
Bill Miller — ygWnay/abstain/not present
Michael Sirotkin — yea/nay/abstain/not present
Bill Stuono — ygWnay/abstain/not present
Motion carried by a vote of 6 — 0 - 0
Signed this 22nd day of August 2012, by
Digitally signed by Mark C. Behr
Mark C Behr ern =Mark C. Behr, o, mall il=mark@rhbpc.com, c=US
Date: 2012.08.22 08:56:12 -04'00'
Mark Behr, Chairman
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. SeeV.R.E.C.R 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.R 5(b)(4)(A). Please contact the Environmental Division at 802-828-1660 or
httg://vermonUudiciaU.ora/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.
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