HomeMy WebLinkAboutSD-10-03 - Decision - 0027 Birch Street#SD-10-03
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CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
ROBERT PROVOST - 27 BIRCH STREET
FINAL PLAT APPLICATION #SD-10-03
FINDINGS OF FACT AND DECISION
Robert Provost, hereafter referred to as the applicant, is seeking final plat approval for a
planned unit development on a 0.57 acre parcel developed with a single family dwelling.
The proposal consists of: 1) converting a two (2) family dwelling to a single family
dwelling with an accessory residential unit, and 2) adding a second single family
dwelling, 27 Birch Street.
The Development Review Board held a public hearing on March 2 and April 6, 2010.
The applicant represented himself.
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 final plat approval for a planned unit development on a 0.57
acre parcel developed with a single family dwelling. The proposal consists of: 1)
converting a two (2) family dwelling to a single family dwelling with an accessory
residential unit, and 2) adding a second single family dwelling, 27 Birch Street.
2. The owner of record of the subject property is Robert L. Provost.
3. The application was received on February 2, 2010.
4. The subject property is located in the Residential 4 Zoning District.
5. The plans submitted consists of a two (2) page set of plans, page one (1) entitled,
"Subdivision of Land of Robert Provost 27 Birch Street South Burlington, Vermont",
prepared by Richard W. Bell Land Surveying, Inc., dated December 2009, last revised
on 12/2/2009.
ZONING DISTRICT & DIMENSIONAL REQUIREMENTS
Table 1. Dimensional Requirements
R4 Zoning District
Required
Proposed
4 Min. Lot Size
6,000
SF/unit
.57 acres
Max. Building Coverage
20%
19.5%
Max. Overall Covera e
40%
37.3%
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# Min. Side Setback
10 ft.
2 ft.
Min. Rear Setback
30 ft.
30 ft.
zoning compliance
# pre-existing non-compliance; no new structures are proposed within
setback limitations
PLANNED UNIT DEVELOPMENT STANDARDS
Pursuant to Section 15.18 of the South Burlington Land Development Regulations, PUDs shall
comply with the following standards and conditions:
Sufficient water supply and wastewater disposal capacity is available to meet the needs of the
project.
According to Section 15.13(B)(1) of the South Burlington Land Development Regulations, the
existing public utility system shall be extended to provide the necessary quantity of water, at an
acceptable pressure, to the proposed additional dwelling units.
The South Burlington Water Department has reviewed the plans and provided comments in a memo
dated February 10, 2010.
Pursuant to Section 15.13(D)(1), the developer shall connect to the public sewer system or provide a
community wastewater system that is approved by the City and the State in any subdivision where
off -lot wastewater is proposed. The developer is required to provide such pumping and other
facilities as may be necessary.
Sufficient grading and erosion controls will be utilized during and after construction to prevent
soil erosion and runofffrom creating unhealthy or dangerous conditions on the subject property
and adjacent properties.
The project incorporates access, circulation and traffic management strategies sufficient to
prevent unreasonable congestion of adjacent roads.
The application proposes one additional single family dwelling unit and an accessory dwelling unit
associated with the existing dwelling. The applicant will be required to pay the additional applicable
traffic (and other applicable) impact fees for the new single family dwelling.
The project's design respects and will provide suitable protection to wetlands, streams, wildlife
habitat as identified in the Open Space Strategy, and any unique natural features on the site.
There are no wetlands on the subject property.
The project is designed to be visually compatible with the planned development patterns in the
area, as specified in the Comprehensive Plan and the purpose of the zoning district(s) in which it
is located
According to Section 4.03 of the South Burlington Land Development Regulations, the R4 District is
formed to encourage residential use at moderate densities. This proposal is within density guidelines
for the district and in compliance with this criterion.
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Open space areas on the site have been located in such a way as to maximize opportunities for
creating contiguous open spaces between adjoining parcels and/or stream buffer areas.
The applicant has removed the in -ground swimming pool and much of the patio from the site and
created a broad common space between the two principal dwellings.
Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and lighting
have been designed in a manner that is compatible with the extension of such services and
infrastructure to adjacent landowners.
Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is
consistent with City utility and roadway plans and maintenance standards.
All proposed lighting must comply with Appendix D in the South Burlington Land Development
Regulations.
The project is consistent with the goals and objectives of the Comprehensive Plan for the affected
district(s).
The proposed PUD is consistent with the South Burlington Comprehensive Plan. The Residential 4
District is formed to encourage residential use at moderate densities. This plan achieves this.
SITE PLAN REVIEWSTANDARDS
Pursuant to Section 14.03(A)(6) of the South Burlington Land Development Regulations, any PUD
shall require site plan approval. Section 14.06 establishes the following general review standards for
all site plan applications:
The site shall be planned to accomplish a desirable transition from structure to site, from structure
to structure, and to provide for adequate planting, safe pedestrian movement, and adequate
parking areas.
The proposed PUD accomplishes a desirable transition from structure to site and from structure to
structure. The proposed PUD also provides for adequate planting and safe pedestrian movement.
Each unit shall provide for a minimum of 2 parking spaces each; therefore, 6 parking spaces shall be
shown on the plans. There are three garage spaces available as well as parking spaces for five
vehicles outside of the garages.
(a) Parking:
(a) Parking shall be located to the rear or sides of buildings.
(b) The Development Review Board may approve parking between a public street
and one or more buildings if the Board finds that one or more of the following
criteria are met. The Board shall approve only the minimum necessary to
overcome the conditions below.
(i) [pertains to Americans with Disabilities Actj
(ii) The parking area will serve a single or two-family home;
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As these are single-family homes, the parking is permitted to the front of the buildings.
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. ---
The scale of the proposed building is compatible with the site. According to Section 3.07 of the
South Burlington Land Development Regulations, the maximum height of the buildings in this PUD
shall not exceed 40 feet. The existing building height is 26 feet.
Newly installed utility services and service modifications necessitated by exterior alterations or
building expansions shall, to the extent feasible, be underground
As already indicated, any newly installed utility lines, services, or service modifications shall be
underground.
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.
The building has already been constructed: the southern portion is a recreational vehicle that has
been made permanent. The northern portion was an approved accessory structure (garage). The
proposal will connect the two. The applicant showed photographs at the previous hearings.
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 building has already been constructed: the southern portion is a recreational vehicle that has
been made permanent. The northern portion was an approved accessory structure (garage). The
proposal will connect the two. The applicant showed photographs at previous hearings.
In addition to the above general review standards, site plan applications shall meet the following
specific standards as set forth in Section 14.07 of the South Burlington Land Development
Regulations:
The reservation of land may be required on any lot for provision of access to abutting properties
whenever such access is deemed necessary to reduce curb cuts onto an arterial of collector street,
to provide additional access for emergency or other purposes, or to improve general access and
circulation in the area.
There are no opportunities to provide access to abutting properties or to reduce curb cuts as part of
this proposal.
Electric, telephone and other wire -served utility lines and service connections shall be
underground Any utility installations remaining above ground shall be located so as to have a
harmonious relation to neighboring properties and to the site.
As already indicated, any newly installed utility lines, services, or service modifications shall be
underground.
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All dumpsters and other facilities to handle solid waste, including compliance with any recycling
or other requirements, shall be accessible, secure and properly screened with opaque fencing to
ensure that trash and debris do not escape the enclosure(s).
As this is a residential property, the applicant has stated that trash storage will be kept in the interior
of the buildings.
Other
The City Engineer has reviewed the plans and provided comments in a memo dated February 25,
2010.
The applicant should contact the post office and discuss the placement of mailboxes on the site.
ACCESSORYRESIDENTIAL UNIT
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 or within an existing, permitted accessory structure
may be permitted by the DRB in accordance with Article 14, Site Plan Review, and the following
additional criteria:
(a) Floor space of the accessory residential unit shall not exceed thirty percent (30%) of the total
habitable area of the single-family dwelling unit.
Per testimony submitted by the applicant, the existing single family residence (along Birch Street)
is 3008 square feet. The accessory apartment is proposed to be 881.5 square feet, or 29.3%. At the
time of application,
(b) The principal dwelling shall be owner occupied.
At the time of application, the principal dwelling is not owner -occupied. This is in violation of the
Land Development Regulations. The principal dwelling unit must be owner -occupied.
(c) 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 Sewage Ordinance.
(d) 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 two principal structures and accessory structure require a total of six (6) parking spaces. As
already noted, this is being adequately met.
(e) A zoning permit shall be required for the accessory residential unit.
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(e) A zoning permit shall be required for the accessory residential unit.
The accessory dwelling unit shall be limited to one bedroom. At the time of application, the
applicant has stated that there are two bedrooms in the proposed accessory dwelling unit. The
accessory dwelling unit shall be limited to one bedroom. This must corrected before a zoning
permit is issued.
OTHER -
The survey plat shows an old property line drawn which roughly separates the property into two
lots, labeled there as Lot #46 and Lot #47. This subdivision line no longer exits as the lots have
been merged. The survey plat shall be revised accordingly.
DECISION
Motion by Gayle Quimby, seconded by Roger Farley, to approve Final Plat Application
#SD-10-03 of Robert L. Provost, 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 plat submitted by the applicant and
on file in the South Burlington Department of Planning and Zoning.
3. The plat shall be revised to show the changes below and shall require approval of
the Administrative Officer. Three (3) copies of the approved revised plans shall be
submitted to the Administrative Officer prior to recording the final plat plan.
a. The site plan shall be revised to incorporate the recommendations of the City
Engineer dated 2/10/2010.
b. The survey plat shall be revised to remove the property line dividing former lots
#46 and #49 which no longer exists.
c. The site plan shall be revised to note that the existing dwelling is a two (2) family
dwelling with no accessory apartment.
4. The applicant shall adhere to the comments of the South Burlington Water
Department per the comments of February 10, 2010. --
5. The applicant shall obtain final wastewater capacity allocation from the Director of
Planning and Zoning for the single family dwelling and accessory residential unit
prior to issuance of a zoning permit.
6. The proposed project shall adhere to standards for erosion control as set forth in
Section 16.03 of the South Burlington Land Development Regulations. In addition,
the grading plan shall meet the standards set forth in Section 16.04 of the South
Burlington Land Development Regulations.
7. Newly installed utility lines, services, and service modifications shall be underground.
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8. All lighting fixtures shall be downcast and shielded. Flood lights are expressly
prohibited.
9. If the postal service and/or the applicant decide to use a central postal receptacle
area, this structure should be shown on the site plan.
10. The principal dwelling unit to which the accessory residential unit will be added shall
remain owner -occupied.
11. The accessory residential unit shall be limited to one (1) bedroom.
12. The final plat plan shall be recorded prior to the issuance of a zoning permit for this
project. -
13. The applicant shall obtain a zoning permit for the accessory residential unit within six
(6) months pursuant to Section 17.04 of the Land Development Regulations or this
approval is null and void.
14. Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
15. The final plat plan (survey plat) shall be recorded in the land records within 180 days
or this approval is null and void. The plan shall be signed by the Board Chair or Clerk
prior to recording. Prior to recording the final plat plan, the applicant shall submit a
copy of the survey plat in digital format. The format of the digital information shall
require approval of the South Burlington GIS Coordinator.
Mark Behr nay/abs in/not present
Matthew Birmingh ea ay/abstain/not present
John Dinklage /nay/abstain/not present
Roger Farley a nay/abstain/not t
Eric Knudsen - yea/nay/abstain/n&t��
Gayle Quimby {ygi?nay/abstain/not present
Bill Stuono abstain/not present
Motion carried by a vote of f - / -_<
Signed this / A day of %�- 2010, by
John Dinklage, 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 $250.00. 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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