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Home My WebLink AboutCU-05-06 - Decision - 0050 Berkley StreetI CITY of SOUTH BURLINGTON DEPARTMENT of PLANNING AND ZONING MICHAEL & CHRISTINE GAY - 50 BERKLEY STREET ACCESSORY APARTMENT CONDITIONAL USE APPLICATION #CU-05-06 FINDINGS of FACT AND DECISION Michael & Christine Gay, hereinafter referred to as the applicants, are seeking Conditional Use approval under Section 14.10, Conditional Use Review, of the South Burlington Land Development Regulations. Request is for permission to construct a 448 square -foot accessory residential unit, 50 Berkley Street. The Development Review Board held a public hearing on April 19, 2005. Michael Gay was present at the hearing. 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 applicants are seeking Conditional Use approval under Section 14.10, Conditional Use Review, of the South Burlington Land Development Regulations. Request is for permission to construct a 448 square -foot accessory residential unit, 50 Berkley Street. 2. The applicant received approval for a 436 square -foot accessory residential unit on March 15, 2005. However, the measurements of the existing dwelling unit that were submitted were not accurate. This application is essentially for re - approval of the same project; however, the proposed accessory unit will be 448 square feet. 3. The owners of record of the subject property are Michael & Christine Gay. 4. The subject property is located in the Residential 4 (R4) Zoning District. 5. The plans submitted consist of a hand drawn site plan and a hand drawn floor plan of the proposed accessory residential unit. ACCESSORY RESIDENTIAL UNITS Pursuant to Section 3.10(E)(1) 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 may be permitted by the DRB in accordance with Article 14, the Conditional Use criteria and the following additional criteria: (a) With the exception of lots in R1, R2, and SEQ Districts that are one-half acre or greater in area, occupancy of the accessory residential unit is restricted to not more than two persons, one of whom is either (i) related by blood, marriage, or adoption to the owner of the primary single-family residence, or (ii) is disabled - 1 - as defined in subdivision 252(2) of Title 18, or (iii) is at least 55 years of age. The applicant shall target a person who meets one of the above -mentioned requirements. (b) On lots that are one-half (112) acre or greater in size in the R1, R2 and SEQ districts, occupancy of the accessory residential unit is restricted to not more than two persons and no additional restrictions shall apply. This criterion does not apply to the subject property. (c) Floor space of the accessory residential unit shall not exceed 600 square feet or 30% of the gross floor area of the original dwelling unit, whichever is less. The existing single-family dwelling unit is 1,500 square feet. The applicant is proposing to dedicate 448 square feet to the accessory dwelling unit, which is exactly 29.9% of the existing gross floor area. (d) Maximum occupancy of the accessory residential unit shall be two persons. The maximum occupancy of the accessory residential unit shall be two persons. (e) The principal dwelling shall be owner -occupied. The principal dwelling shall be owner -occupied. (t) No exterior alteration, other than the entranceways and other alterations required by the Vermont building code are made to the principal dwelling. The applicant did not indicate that any alterations were being made to the existing dwelling unit, other than an addition to the rear of the existing dwelling unit for the accessory residential unit. (g) No exterior entrance or other alterations shall be made to the front of the Original dwelling. The front of the existing dwelling will remain unchanged. (h) Public water and sewer shall be provided to all residences on the lot. The existing dwelling unit is currently served by municipal sewer and water. (i) No home occupation shall be conducted in an occupied accessory apartment. -2- J No home occupation shall be conducted in an occupied accessory apartment. (j) One additional off-street parking space shall be provided on the same lot. The existing dwelling unit has a two -car garage and a paved driveway, which is sufficient to satisfy this requirement. The applicant has specifically identified an area on the property that can accommodate an additional vehicle. (k) A zoning permit shall be required for each accessory apartment. Prior to constructing the accessory apartment, the applicant shall obtain a zoning permit from the Administrative Officer. CONDITIONAL USE CRITERIA 1. The proposed use, in its location and operation, shall be consistent with the planned character of the area as defined by the City of South Burlington Comprehensive Plan. According to the South Burlington Comprehensive Plan, residential neighborhoods should be protected from incompatible commercial encroachment and traffic adherence. In addition, the Plan states that the City should consider increasing the residential densities in areas that are planned for residential use. The proposed accessory residential unit will be consistent with the plan character of the area, as defined by the Comprehensive Plan. 2. The proposed use shall conform to the stated purpose of the district in which the proposed use is to be located. According to Section 4.03(A) of the South Burlington Land Development Regulations, the Residential 4 District is hereby formed in order to encourage residential use at moderate densities that are compatible with existing neighborhoods and undeveloped land adjacent to those neighborhoods. Any use not expressly permitted is prohibited, except those that are allowed as conditional uses. The proposed accessory residential unit conforms to the stated purpose of the R4 District. 3. The DRB must find that the proposed uses will not adversely affect the following: (a) The capacity of existing or planned municipal or educational facilities. 9910 Educational facilities will not be affected, as the accessory apartment will be occupied by no more than two individuals. In addition, the accessory apartment will not adversely affect other municipal services. (b) The essential character of the neighborhood or district in which the property is located, nor ability to develop adjacent property for appropriate uses. 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. (c) Traffic on roads and highways in the vicinity. The addition of one or two residents will have negligible affects on traffic in the vicinity. (d) Bylaws in effect. The proposed project is in keeping with regulations, provided the applicant obtains water and sewer allocation. (e) Utilization of renewable energy resources. The proposal will not affect renewable energy resources. (0 General public health and welfare The proposed accessory apartment will not have an adverse affect on general public welfare. �/ DECISION Motion by LAF , seconded by to approve C, filional Use Application #CU-05-06 of Mich el & Christine Gay, ubject to the following conditions: 1. All previous approvals and stipulations shall remain in effect, except as amended herein. 2. The applicant shall target a person who meets one of the requirements of Section 13.10(E)(1) of the South Burlington Land Development Regulations. 3. The maximum occupancy of the accessory residential unit shall be two persons. 4. The principal dwelling shall be owner -occupied. 5. No home occupation shall be conducted in an occupied accessory apartment. 6. This 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. -4- { 7. Pursuant to Section 17.04(B) of the South Burlington Land Development Regulations, the applicant shall obtain a zoning permit within six (6) months of this decision. Chuck Bolton —%anay/abstain/not t eMark Boucher -:yea,nay/abstain oenJohn Dinklage nay/abstain/not present Roger Farley — ea/ a /abstain/not present Larry Kupferman — e nay/abstain/not present Gayle Quimby — ea ay/abstain/not present Motion carried by a vote of �- i� - 0 Signed this day of April 2005, by 4Jn 4DUinklage, Chair Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRCP 76 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). -5-