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HomeMy WebLinkAboutCU-17-08 - Decision - 0034 Brigham Roadro #CU-17-08 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING MILFORD CUSHMAN --- 34 BRIGHAM ROAD CONDITIONAL USE APPLICATION #CU-17-08 FINDINGS OF FACT AND DECISION Conditional use application #CU-17-08 of Cushman Design Group to raze an existing single family dwelling and construct a new 2-story single family dwelling with an accessory residential unit, 34 Brigham Road. The Development Review Board held a public hearing on August 15, 2017. The applicant represented himself. Based on the plans and materials contained in the docurnent file for this application, the Board finds, concludes, and decides the following: FINDINGS OF FACT 1. The applicant, Cushman Design Group, seeks to raze an existing single family dwelling and construct a new 2-story single family dwelling with an accessory residential unit, 34 Brigham Road. 2. The owner of record of the subject property is Margie Straub. 3. The subject property is located in the Lakeshore Neighborhood District. 4. The application was received on July 14, 2017. 5. The plan set submitted consists of an eight (8) page set of plans. Sheet C1.1 is entitled, "Proposed Conditions Site Plan", prepared by Civil Engineering Associates, dated July 14, 2017. ZONING DISTRICT& DIMENSIONAL REQUIREMENTS LN Zoning District Required Existing Proposed Min. Lot Size 12,000 SF 14,255 14,255 Max. Building Coverage 20% 18% 17% Max. Overall Coverage 40% 22 % 27 % Min. Front Setback 20 ft. >>20 ft. >> 20 ft. Min. Side Setback 10 ft. 6.2 ft. house, 7.5 ft. garage 6.2 ft. house, >10 ft. garage Min. Rear Setback 30 ft. N/A N/A @ Waterfront Setback 150 ft. 28.7 ft. 29.3 ft. V Zoning Compliance @ Existing nonconforming I #CU-17-08 6. The dimensional requirement criteria are met. See below under Section 12.01 regarding waterfront setback. A. ACCESSORY RESIDENTIAL UNITS According to Section 3.10(E) of the Land Development Regulations: One (1) accessory residential unit constructed within or attached to a primary single- family dwe Iling or within an existing, permitted accessory structure shall be a permitted single-family use, in accordance with thefollowing criteria: (1) Floor space of the accessory residential unit shall not exceed thirty percent (30%) of the total habitable area of the single-family dwelling unit. The accessory residential unit is proposed to be 524 gross square feet, which is approximately 19% of the habitable area of the house. The Board finds this criteria to be met. (2) The principal dwelling shall be owner -occupied. The applicant confirmed that the principal dwelling will be owner -occupied. The Board finds this criterion to be met and notes that pursuant to the Regulations, this is an ongoing requirement. (3) The accessory dwelling unit shall be an efficiency or one -bedroom unit. The applicant confirmed that the unit will be a one -bedroom unit. The Board finds this criterion to be met. (4) Adequate wastewater capacity is avoilable to service the accessory unit. Prior to being issued a zoning permit, the applicant will have to show that either a Wastewater Allocation or on -site wastewater permit has been issued. (5) Two (2) additional off-street parking spaces shall be provided on the some lot, either in a garage or in a driveway, and not in any areas required to meet coverage limitations, or any front yard area other than a driveway, required by these Regulations. (6) 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. The proposed plan shows four (4) parking spaces in the driveway. The Board finds these criteria to be met. (7) A zoning permit shall be requiredfor each accessory residential unit. B. Section 12.01(D) Pre -Existing Structures along Lake Champlain and within Queen City Park Section 12.01(D) of the SBLDR includes all lands within one hundred fifty feet horizontal distance of the high water elevation of Lake Champlain. The expansion and reconstruction of #CU-17-08 pre-existing structures on these lands may be approved by the DRB as a conditional use provided the requirements of the underlying zoning district and the following standards are met: a) The structure to be expanded or reconstructed was originally constructed on or before April 24, 2000. 7. This structure was constructed before April 24, 2000. b) The expanded or reconstructed structure does not extend any closer, measured in terms of horizontal distance, to the applicable high water elevation or stream centerline than the closest point of the existing structure. 8. The proposed new dwelling is no closer to the lake than the closest portion of the existing structure. This criterion is satisfied. c) The total building footprint area of the expanded or reconstructed structure shall not be more than fifty percent larger than the footprint of the structure lawfully existing on April 24,2000. 9. The proposed structure meets this criterion, as the 2,487 sf footprint of the new home is less than the 2,567 sf footprint of the existing home. The applicant provided two separate calculations of building footprint area, one via email and one on the plans. The numbers herein are from the email and the applicant has confirmed that these numbers are correct. The applicant is directed to update the plans to reflect the correct numbers. d) An erosion control plan for construction is submitted by a licensed engineer detailing controls that will be put in place during construction or expansion to protect the associated surface water. 10. The applicant has submitted an erosion control plan prepared by a licensed professional engineer. The City Assistant Stormwater Superintendent offers the following comment on the erosion control plan. Maria, My only comment is on Sheet C2.1, Rain Gorden detail, Construction Note 5, the name and number of the engineer have not been includedfor the contractor's reference. Regards, Dave Wheeler The Board finds that with the amended information, this proposal meets the requirement of subsection (b) above. This criterion is satisfied. e) A landscaping plan showing plans to preserve maintain and supplement existing trees and ground cover vegetation is submitted and the DRB finds that the overall plan will provide a visual and vegetative bufferfor the lake andlor stream. #CU-17-08 11. The applicant submitted detailed landscaping plans for the property. This criterion is met. C. CONDITIONAL USE CRITERIA Pursuant to Section 12.01(D) of the South Burlington Land Development Regulations (Pre- existing structures along Lake Champlain and within Queen City Park), the proposed structure shall be reviewed as a conditional use and shall meet the following standards of Section 14.10(E): 14.10(E) General Review Standards. The Development Review Board shall review the proposed conditional use for compliance with all applicable standards as contained in these regulations. The proposed conditional use shall not result in an undue adverse effect on any of the following: (1) The capacity of existing or planned community facilities. 12. This project will have no adverse effect upon community facilities. This criterion is satisfied. (2) The character of the area affected, as defined by the purpose or purposes of the zoning district within which the project is located, and specifically stated policies and standards of the municipal plan. 13. It is the Board's position that the proposed project is consistent with the stated purpose of the Lakeshore Neighborhood District, which is "to encourage residential use at densities and setbacks that are compatible with the existing character of the lake shore neighborhoods located in the vicinity of Bartlett Bay Road and Homes Road." This criterion is satisfied. (3) Traffic on roads and highways in the vicinity. 14. This project will have no adverse effect on traffic on roads and highways in the vicinity. This criterion is satisfied. (4) Bylaws and ordinances then in effect 15. This project is compliant with current bylaws and ordinances. This criterion is satisfied. (5) Utilization of renewable energy resources. 16. This project will not affect renewable energy resources. This criterion is satisfied. Section 12.01 (C) (2) General Stream and Surface Water Protection Standards #CU-17-08 C. Surface Water Buffer Standards ("Stream Buffers") (1) Applicability. The requirements of this Section shall apply to all lands described as follows: (e) All land within one hundred fifty (150) feet horizontal distance of the high water elevation of Lake Champlain, which for purposes of these regulations shall be one hundred two (102) feet above mean sea level datum. This applicable area includes the entire property. (2) General standards. It is the objective of these standards to promote the establishment of heavily vegetated areas of native vegetation and trees in order to reduce the impact of stormwater runoff, reduce sedimentation, and increase infiltration and base flows in the City's streams and Lake Champlain. Therefore, except as specifically permitted by the DRB pursuant to the standards in Section 12.01(C)(3), (C)(4), (D) andlor (E) below, all lands within a required stream buffer defined above shall be left in an undisturbed, naturally vegetated condition. Supplemental planting and landscaping with appropriate species of vegetation to achieve these objectives shall be permitted The specific standards for the vegetation and maintenance of stream buffers are as follows: (a) The clearing of trees that are not dead, heavily damaged by ice storms or other natural events, or diseased, and the clearing of any other vegetation other than invasive species, is permitted only in conjunction with DRB approval pursuant to (3) or (4) below. (b) Any areas within a required stream buffer that are not vegetated or that are disturbed during construction shall be seeded with a naturalized mix of grosses rather than standard lawn grass, and shall not be mowed more than one (1) time per calendar year after establishment. The applicant submitted a detailed landscaping plan and rendering. The plan identifies an area of mixed perennial plantings and a border of ornamental grasses in locations that are existing lawn, as well as two stone boulder retaining walls, one located below and one located above the high water elevation of Lake Champlain, separated by approximately ten feet of sedge plantings on a level grade. The plan also indicates that several new trees will be planted and that new plantings will also be placed in the front yard of the building. The City Arborist offers the following comments on the proposed vegetation plan. Marla, The proposed landscaping is fine. The only caution I have is thotonyexcavotion or grade change around existing trees that are being retained could adversely affect the trees or destabilize them. Craig Lambert 5 I #CU-17-08 17. The Board finds that this plan meets the intent of Section (2) (a) & (b) of the LDRs above and that these criteria are met. (c) The creation of new lawn areas within stream buffers is not permitted after the effective date of these regulations. 18. New lawn areas are not proposed as part of this application. This criterion is met. (d) Snow storage areas designated pursuant to site plan or PUD review shall not be located within stream buffers unless the applicant can demonstrate that: (i) There is no reasonable alternative location for snow storage on the same property. (ii) Measures such as infiltration areas have been incorporated into the site plan andlor stormwater treatment system to reducethe potential for erosion and contaminated runoff entering the associated stream as a result of snow melt. 19. Snow storage is not required for residential properties. A stone drip edge and settlement basin has been incorporated into the front lawn to promote infiltration. (3) Expansion of pre-existing structures within stream buffers. The expansion of pre- existing structures within stream buffers, except as provided in Section D below, shall be permitted only in accordance with the standards for non -complying structures in Article 3, Section 3.11 of these Regulations. 20. This criterion is met. See discussion below. (4) New uses and encroachments within stream buffers. The encroachment of new land development activities into the City's stream buffers is discouraged The DRB may authorize the following as conditional uses within stream buffers, subject to the standards and conditions enumerated for each use. The DRB may grant approvals pursuant to this section as part of PUD review without a separate conditional use review. (a) Agriculture, horticulture and forestry including the keeping of livestock, provided that any building or structure appurtenant to such uses is located outside the stream buffer. -------------------- Not applicable (b) Clearing of vegetation andfilling or excavating of earth materials, only to the extent directly necessitatedfor the construction or safe operation of a permitted or conditional use on the same property and where the DRB finds that: i. There is no practicable alternative to the clearing, filling or excavating within the stream buffer; and ii. The purposes of this Section will be protected through erosion controls, plantings, protection of existing vegetation, andlor other measures. Criterion 10 above. Z I #CU-17-08 (c) Encroachments necessary to rectify a natural catastrophe for the protection of the public health. safety and welfare. -------------------- Not applicable (d) Encroachments necessary for providing for or improving public facilities. -------------------- Not applicable (e) Public recreation paths, located at least ten (10) feet from the edge of channel of the surface water. Not applicable (f) Stormwater treatment facilities meeting the Vermont Agency of Natural Resources stormwater treatment standards, and routine maintenance thereof, including necessary clearing of vegetation and dredging. Evidence of a complete application to the VANR for coverage under the applicable permitting requirements shall be required to meet this criterion for encroachment into a stream buffer. Not applicable (9) Roadways or access drives for purposes of crossing a stream buffer area to gain access to land on the opposite side of the buffer, or for purposes of providing safe access to an approved use, in cases where there is no feasible alternative for providing safe access and the roadway or access drive is located at least ten (10) feet from the edge of channel of the surface water. 21. There is no feasible alternative to the proposed use of the preexisting access drive. The drive is located on the far side of the parcel from Lake Champlain. This criterion is met. (h) Utility lines, including power, telephone, cable, sewer and water, to the extent necessary to cross or encroach into the stream buffer where there is no feasible alternative for providing or extending utility services. 22. There is no feasible alternative to the use of preexisting utility service locations. This criterion is met. fl) Outdoor recreation, provided any building or structure (including parking and driveways) appurtenant to such use is located outside the stream buffer. 0) Research and educational activities provided any building or structure (including parking and driveways) appurtenant to such use is located outside the stream buffer. (k) Hydro -electric power generation #CU-17-08 Criteria (i)-(k) are not applicable. DECISION The South Burlington Development Review Board hereby approves Conditional Use application #CU-17-08 of Milford Cushman subject to the following stipulations: 1. All previous approvals and stipulations shall remain in full effect except as amended herein. 2. The plan 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 permit issuance. a. The applicant shall add the name and number of the engineer for contractor reference to the Rain Garden detail on Sheet 2.1. b. The applicant shall correct the existing and proposed building footprint on plan Sheet C1.1. 3. This project shall be completed as shown on the plan submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 4. 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. 5. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. Mark Behr Yea Nay Abstain Not Present Matt Cota Yea Nay Abstain Not Present Frank Kochman Yea Nay Abstain Not Present Bill Miller Yea Nay Abstain Not Present David Parsons Yea Nay Abstain Not Present Jennifer Smith Yea Nay Abstain Not Present John Wilking Yea Nay Abstain Not Present Motion carried by a vote of 6 — 0 — 0 Signed this 15th day of August 2017, by Bill Miller, Chair 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 with the Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal also must be mailed #CU-17-08 to the City of South Burlington Planning and Zoning Department at 575 Dorset Street, South Burlington, VT 05403. See VRE.C.P. 5(b) (4)(A). Please contact the Environmental Division at 802-951-1740 or https://www.vermontjudiciary.org/environmental 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 802.477.2241 to speak with the regional Permit Specialist. 9