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Home My WebLink AboutSP-10-09 - Decision - 0023 Brewer Parkway#SP-10-09 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING MICHELE KUPERSMITH - 23 BREWER PARKWAY SITE PLAN APPLICATION #SP-10-09 FINDINGS OF FACT AND DECISION Michele Kupersmith, hereafter referred to as the applicant, is seeking site plan approval to construct a 354 sq. ft. accessory residential unit, 23 Brewer Parkway. The Development Review Board held a public hearing on February 16, 2010. The applicant represented herself. 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 site plan approval to construct a 354 sq. ft. accessory residential unit, 23 Brewer Parkway. 2. The application was received on January 25, 2010. 3. The owner of record of the subject property is Michele Kupersmith 4. The subject property is located in the Residential 4 Zoning District. 5. The plan submitted consist of a handrawn plan of the property on an 8 Y2 x 11" sheet. 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 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 (30916) of the total habitable area of the single-family dwelling unit. The single family dwelling unit is 1937 SF. The accessory residential unit is proposed to be 354 SF, or 18.3% of the habitable area of the principal dwelling. Thus, the applicant is in compliance with this criterion. (b) The principal dwelling shall be owner occupied. The applicant currently resides in the principal dwelling. The principal dwelling must remain owner -occupied. I:\Development Review Boa rd\Findings_Decisions\2010\Kupersmith_SP1009_ffd.doc #SP-10-09 l 1 1. The principal dwelling shall remain 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 Ordinance regulating the use of public and private sanitary sewage and stormwater systems. 2. The applicant shall obtain wastewater allocation from the Director of Planning and Zoning. (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 site plan shows a two -car garage and space enough in the driveway for several vehicles. This is more than sufficient to satisfy this requirement. (e) A zoning permit shall be required for the accessory residential unit. 3. The applicant shall obtain a zoning permit from the Administrative Officer for the accessory residential unit. - SITE PLAN REVIEW STANDARDS Section 14.06 of the South Burlington Land Development Regulations establishes the following general review standards for all site plan applications: (a) 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. There is adequate consideration given to pedestrian movement and parking on the site. (b) 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 ADA compliance] ... (H) The parking area will serve a single or two-family home; As this is a single-family home, the parking is permitted to the front of the building. (c) 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 height of the existing building is within the limits specified by the SBLDR. (d) Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. 2 I:\Development Review Boa rd\Findings_Decisions\2010\Kupersmith_SP1009_ffd.doc #SP-10-09 The applicant has not proposed any additional lighting as part of this application. (e) 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 principal residential dwelling and accessory unit are in compliance with this criterion. (f7 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 principal residential dwelling and accessory unit are in compliance with this criterion. Site plan applications shall meet the following specific standards as set forth in Section 14.07 of the South Burlington Land Development Regulations: (a) 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. It is not necessary to require any additional access easements as part of the proposed project. (b) 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. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. (c) 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 the subject building is a single family residence, the Board understands that trash will be maintained inside the building until time for trash pickup. Traffic This project will not generate a sufficient amount of traffic to warrant concern or further review. Other The accessory dwelling unit is limited to only one (1) bedroom. 3 I:\Development Review Board\Findings_Decisions\2010\Kupersmith_SP1009_ffd.doc #SP-10-09 4. The accessory dwelling unit is limited to only one (1) bedroom. DECISION Motion by &Avek Q4I , seconded by &q 1 A�C' , to approve Site Plan Application #SP-10-09 of Michele Kupersmith subject t6 the following conditions: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. 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. 3. The principal dwelling shall remain owner occupied 4. The applicant shall obtain final wastewater approval from the Director of Planning and Zoning prior to permit issuance. 5. The accessory dwelling unit is limited to one (1) bedroom. 6. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 17.04 of the Land Development Regulations or this approval is null and void. 7. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. Mark Behr —&nay/abstain/not present Matthew Birming — yea/nay/abstai not presen John Dinklage ye nay/abstain/not present Roger Farley — e nay/abstain/not present Eric Knudsen — e ay/abstain/not present Gayle Quimb a nay/abstain/not present Bill Stuono ye nay/abstain/not present Motion carried by a vote of &- D - 0 Signed this day of 2010, by John UMRIage, Chairm /vePlease note: You hthe 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). 4 IADevelopment Review Board\Findings_Decisions\2010\Kupersmith SP1009_ffd.doc