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Home My WebLink AboutSP-06-07 - Decision - 0250 Spear StreetCITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING PETER KRAG - 250 SPEAR STREET SITE PLAN APPLICATION #SP-06-07 FINDINGS OF FACT AND DECISION Peter Krag, hereafter referred to as the applicant, is seeking site plan approval to establish a 640 sq. ft. accessory residential unit in a detached accessory structure, 250 Spear Street. The Development Review Board held a public meeting on March 7, 2006. The applicant was present at the meeting. Based on testimony provided at the above mentioned public meeting 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 The applicant is seeking site plan approval to establish a 640 sq. ft. accessory residential unit in a detached accessory structure, 250 Spear Street. 2. The subject property is located in the Residential 4 (R4) Zoning District. 3. The owner of record of the subject property is Peter, David, and Jesusa Krag. 4. The plan submitted is entitled, "Proposed Project: Convert Accessory Building into Rental Unit 250 Spear Street South Burlington Vermont", prepared by Jesusa SL Krag, dated 2/10/06. ACCESSORY RESIDENTIAL UNITS Pursuant to Section 3.10(E)(1) of the 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. The habitable are in the single family dwelling unit is 2247 SF. The accessory residential unit is proposed to be 640 SF, or 28.5% of the principal dwelling. Thus, the applicant is in compliance with this criterion. (b) The principal dwelling shall be owner occupied. This applicant has stated that this will be the case. (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. The applicant shall apply for wastewater allocation from Juli Beth Hinds, 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 depicts an adequate number of parking spaces. (e) A zoning permit shall be required for each accessory residential unit. 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 shall be located to the rear or sides of buildings to the greatest extent practicable. Parking is shown to be in the front of the accessory dwelling and in the garage for the primary residence. This is acceptable for single-family residential dwellings. (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. No accessory structure shall be higher than 15 ft. The height of the accessory dwelling unit is and will remain 12 ft. in height and thus is within the limits specified by the South Burlington Land Development Regulations. (d) Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. (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 applicant has not addressed the architectural style of this building. This shall be done as part of the Development Review hearing. The applicant shall provide photos and/or elevations of the proposed residential unit. The applicant shall address the architectural style of the proposed dwelling with the Development Review Board prior to approval. (f) 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. This criterion will be addressed as part of the condition above. 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 enc/osure(s). The applicant shall indicate whether trash will be kept inside the unit or if an outdoor facility is proposed. (d) Landscaping and Screening Requirements This criterion is not applicable as there is no landscaping requirement for the construction of a single family home. Lighting The applicant has not proposed any additional lighting as part of this application. As previously noted, if any lighting is proposed, staff approval will be required. Access/Circulation The applicant is to access the accessory unit via an existing driveway from Spear Street. Given the current driveway consideration, access and circulation proposed is appropriate. Traffic This project will not generate a sufficient amount of traffic to warrant concern or further review. DECISION Motion by a (IV —,seconded by LARN kVRA MA/J to approve Site han Application SP-06-07 of Peter Krag, subject to the following conditions: 1. All previous approvals and stipulations, which are not superseded by this application, shall remain in effect. 2. This project shall be completed as shown on the plan submitted by the applicant and shall be on file in the South Burlington Department of Planning and Zoning. 3. The principal dwelling shall remain owner -occupied. 4. The applicant shall obtain wastewater allocation approval from the Director of Planning and Zoning, Juli Beth Hinds, prior to issuance of a zoning permit. 5. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 6. The applicant shall address the architectural style of the proposed dwelling with the Development Review Board prior to approval. -4- 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. 8. The applicant shall obtain a Certificate of Occupancy/Compliance prior to the use of the new accessory residential dwelling. 9. Any change to the site plan shall require approval by the South Burlington Development Review Board. Mark Behr — yea/nay/abstain not present, Matthew Birmingham e nay/abstain/not present Chuck Bolton —4ena ay a stain/not present John Dinklagenay/abstain/not present Roger Farley — /abstain/not present Larry Kupferman — e nay/abstain/not present Gayle Quimby — yea ay/abstain/not present Motion carried by a vote of 0 - & - 0 Signed this day of u 2006, by 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 -