HomeMy WebLinkAboutMS-07-04 - Decision - 0015 Brownell Way#MS-07-04
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
BRIAN LEWIS -15 BROWNELL WAY
MISCELLANEOUS APPLICATION #MS-07-04
FINDINGS OF FACT AND DECISION
Brian Lewis, hereafter referred to as the applicant, is seeking miscellaneous approval to
allow a 12' x 15' addition to a single family dwelling to exceed the height limit of the
Spear Street -Ridge View Protection Zone by 1.85 feet, 15 Brownell Way. The
Development Review Board held a public hearing on Tuesday, May 1, 2007. The
applicant was present at the meeting.
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 miscellaneous approval to allow a 12' x 15' addition to a
single family dwelling to exceed the height limit of the Spear Street -Ridge View
Protection Zone by 1.85 feet, 15 Brownell Way.
2. The owners of record of the subject property are Malitta Westrick and John Lacy.
3. The subject property is located in the Residential 2 (R2) Zoning District and the
Spear Street Ridge Scenic View Protection Overlay District.
4. The plan submitted is entitled, "Westrick & Lacy Property 15 Brownell Way,
South Burlington, VT Existing Conditions Plan", prepared by Button Professional
Land Surveyors, PC, dated 2/13/07.
This application shall be reviewed under Section 10.03 of the South Burlington Land
Development Regulations.
(1) No part of any structure within the Spear Street Ridge View Protection
Zone shall exceed an elevation of 382 feet above mean sea level minus 3.1
feet for each 100 feet that said part of said structure is horizontally distant
from the Spear Street Ridge View Protection Zone Base Line shown on the
above referenced Scenic Protection
The property is within the Spear Street Ridge View Protection Zone. The proposed
addition, at 345.07 ft will exceed the allowable elevation of 343.22 for the Spear Street -
Ridge View Protection Zone.
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The Development Review Board shall have the authority to grant a waiver from the
provisions of this section if it finds that the standards set forth below have been met:
(3) For properties within the Spear Street -Ridge Overlay Zone, the applicant
can demonstrate the proposed construction, alteration, or expansion will
not extend above the highest point of the roofline of the existing structure
to be altered.
The applicant has submitted plans depicting the existing south east facade and the
proposed addition. The highest point of the dormer will match the highest point of the
roofline of the existing dwelling and thus meets the requirements of the waiver provision.
DECISION
Motion by LF' 04V seconded by &62` )�V O ,
to approve Misc Ilaneous Applicati n #MS-07-04 of Brian Lewis, subject to the tollowing
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 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.
4) Any change to the site plan shall require approval by the Administrative Officer or
the Development Review Board.
Mark Behr — yea/nay/abst i of rese
Matthew Birmingham nay/abstain/not present
John Dinklage —(Feay/abstain/not present
Roger Farley — e nay/abstain/not present
Eric Knudsen — e nay/abstain/not present
Peter Plumeau — r y /nay/abstain/ o prese
Gayle Quimby — eay/abstain/not present
Motion carried by a vote of Ste- & - v
Signed this / day of 2007, by
John in lage, Chai
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#MS-07-04
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).
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