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Home My WebLink AboutCU-05-12 - Decision - 0023 Butler DriveCITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING BEVERLYAMBLO, PATRICK & YVETTE BOSE ACCESSORY APARTMENT- 23 BUTLER DRIVE CONDITIONAL USE #CU-05-12 FINDINGS OF FACT AND DECISION Beverly Amblo and Patrick and Yvette Bose, hereafter referred to as the applicants, are seeking conditional use approval under Section 14.10, Conditional Use Review, of the South Burlington Land Development Regulations. The request is for permission to add a 474 sq. ft. accessory residential unit, 23 Butler Drive. The Development Review Board held a public hearing on July 19, 2005. Beverly Amblo represented the applicants. 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. The request is for permission to add a 474 sq. ft. accessory residential unit, 23 Butler Drive. 2. The owners of record of the subject property are Beverly Amblo, and Patrick & Yvette Bose. 3. The subject property is located in the Southeast Quadrant (SEQ) Zoning District. 4. The applicant submitted a computer generated plan showing the addition, layout, and square footage of the accessory apartment. The plan is entitled, "Plan Showing Lands of Beverly C. Amblo and Patrick & Yvette Bose", dated June 15, 2005. 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 (112) 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 (h) is disabled as defined in subdivision 252(2) of Title 18, or (iii) is at least 55 years of age. - 1 - The accessory residential unit will be occupied by a blood relative of the owner of the principal dwelling. Pursuant to Vermont State Regulations, the relation of the occupant of the accessory unit will no longer be regulated after September 1, 2005. (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. Pursuant to Section 3.10(E)(3) of the Land Development Regulations, the maximum area that may be permitted as an accessory residential unit is 600 square feet. or 30%, which in the case of the applicant is 564 square feet. The existing single-family dwelling unit is 1,880 square feet. The applicant is proposing to dedicate 474 square feet to this use. The applicant is within the bounds of this criterion. (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 remain 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 subject application does not include any proposed exterior alterations to the principal dwelling. (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. 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. -2- The existing layout of the driveway appears adequate to accommodate an additional vehicle. However, the applicant shall designate an additional parking space to be associated with the proposed accessory residential unit. (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 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. The proposed use shall conform to the stated purpose of the district in which the proposed use is to be located. According to Section 9.01 of the Land Development Regulations, the SEQ Zoning District should encourage the location and clustering of buildings and lots in a manner that in the judgment of the Development Review Board will best preserve the open space character of this area. The proposed accessory residential unit conforms to the stated purpose of the SEQ District. The proposed accessory residential unit will not threaten the open space character of the area. 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. 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. -3- 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. (t) General public health and welfare The proposed accessory apartment will not have an adverse affect on general public welfare. DECISION Motion by (A I N? seconded by will &/F1-:If ` N to approve Conditional Use Applic tion #CU-05-12 of Beverly Afnblo and Patrick & Yvette Bose, 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 plans submitted by the applicant, as amended by this decision, and on file in the South Burlington Department of Planning and Zoning. 3) The maximum occupancy of the accessory residential unit shall be two persons. 4) The principal dwelling shall remain owner -occupied. 5) No home occupation shall be conducted in an occupied accessory apartment. 6) 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 plan shall be submitted to the Administrative Officer prior to permit issuance. a) The plan shall be revised to depict one (1) additional parking space. 7) 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- Mark Behr ye nay/abstain/not present Chuck Bolton y /nay/abstain/not present John Dinklage y /nay/abstain/not present Roger Farley — e / ay/abstain/not present Larry Kupferman — /nay/abstain/not present Gayle Quimby — e ay/abstain/not present Motion carried by a vote of �- - Signed this LZ day of July 2005, by y John Dinklage, 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-