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HomeMy WebLinkAboutMS-03-01 - Decision - 1404 Spear StreetCITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING DEVELOPMENT REVIEW BOARD TODD & MAUREEN WULFSON MISCELLANEOUS APPLICATION #MS-03-01 FINDINGS OF FACT, CONCLUSIONS & DECISION Todd and Maureen Wulfson, hereafter referred to as the applicants, are requesting approval to construct a single family dwelling within the restricted area of the Southeast Quadrant (SEQ) District. The South Burlington Development Review Board (DRB) held a public hearing on March 4, 2003. The applicants were present at the hearing. Based on testimony given at the above mentioned public hearing and on the plans and supporting materials contained in the document file for this application, the DRB finds, concludes and decides as follows: FINDINGS OF FACT The applicants are requesting approval to construct a single family dwelling within the restricted area of the SEQ District. 2. The subject property contains approximately 0.92 acres and is located at 1404 Spear Street. 3. In addition to falling within the SEQ District, the southwest corner of the property falls within the Dorset Park View Protection Zone D (DPVP-D) of the Scenic View Protection Overlay (SV) District. CONCLUSIONS DIMENSONAL REQUIREMENTS The applicants have provided a sketch plan showing a proposed 140' x 75' building envelope toward the rear of the subject property. However, no building dimensions are provided. The applicants have indicated that the proposed house will be similar to their house at 29 Pinnacle Drive. This is a two-story home with attached two -car garage, the floor area of which is certainly larger than the minimum 864 sq. ft. necessary for a single family structure. Nonetheless, the minimum floor area, as described in Section 25.114 of the zoning regulations, should be indicated. In addition, the height of the structure should be indicated, and maximum proposed building coverage, as well as a measure of maximum overall coverage should be indicated. SOUTHEAST QUADRANT DISTRICT 2. The DRB may approve the construction of a single family residence within designated restricted areas of the SEQ District pursuant to Section 6.501(h) of the Zoning Regulations. The lot must have been in existence on June 22, 1992. The applicants have provided copies of deeds, which demonstrate that the FINDINGS OF FACT, CONCLUSIONS & DECISION WULFSON - #MS-03-01 subject lot was in existence prior to June 22, 1992. In addition, the lot must fall entirely within the restricted area or be located substantially within the restricted area such that construction in the development area cannot be accommodated. The subject property falls entirely within the restricted area. Pursuant to Section 6.606 of the Zoning Regulations, the DRB shall review proposed development activity within the restricted area according to the following criteria: (a) Designed open space shall be located so as to maximize the aesthetic enjoyment of users of the site, surrounding properties, and roads in the vicinity. 3. The applicants have proposed to build toward the rear of the lot, in keeping with the development pattern on adjacent properties. The westerly half of the lot will remain as open space contiguous with open space on adjoining lots. The DRB concludes that this is appropriate for maximizing aesthetic enjoyment in the vicinity of the subject property. (b) Proposed buildings and other structures shall be placed so as to maximize potential of land for open space and natural resources preservation, scenic view protection, and/or continued agricultural use. In effort to maximize these goals the following shall be considered. (i) existing natural resources on the site; (ii) scenic view corridors from existing or planned public ways; (iii) existing agricultural use or ability of the land to be improved for agriculture; (iv) size and shape of contiguous open space; and (v) natural topography and existing vegetation. 4. The subject property is currently vacant meadowland on less than an acre. The proposed development is in keeping with the developed patterns on adjacent properties and complies with the scenic view protection regulations. Beyond scenic viewsheds, no significant or unique natural resources are known to occur on the subject property. (c) The placement of buildings and utilities shall conform to plans for public facilities including, but not limited to, parkland, recreation and pedestrian paths, streets, schools and sewer and water facilities. 5. The subject property does not correspond with existing or planning public facilities as indicated on the City of South Burlington Official Map adopted October 19, 1992, last revised February 8, 2002. (d) In developing a plan that maximizes the goals identified above, the developer shall rely on specific site analyses, inventory maps contained in the Comprehensive Plan, and city planning studies. 6. The DRB has reviewed city planning maps and geographic data in its review of this application. \drb\misc\wuIfs on\MS#03-01.fcd.doc 2 FINDINGS OF FACT, CONCLUSIONS & DECISION WULFSON - #MS-03-01 Dorset Park View Protection Zone D 7. As indicated on the map on page 1 of this staff review, the southwest corner of the property falls within the Dorset Park View Protection Zone D (DPVP-D) of the Scenic View Protection Overlay (SV) District. Pursuant to Section 22.407, no part of any structure within the DPVP-D shall exceed an elevation of 441 ft. No structures are proposed within the DPVP-D. Pursuant to Section 22.406 of the Zoning Regulations, landscaping and vegetation within the DPVP-D shall be maintained such that it does not exceed an elevation of 441 ft. The applicants have not proposed any landscaping within the DPVP-D. DECISION MOTION by Mark &4617er _,seconded by 6a y le QuImby to approve miscellaneous application #MS-03-01, subjectt6he following conditions: 1. This project shall be completed as shown on the plans submitted to the DRB by the applicants, as amended by this decision and on file in the Department of Planning and Zoning. 2. Pursuant to Section 27.302 of the zoning regulations, the applicants must obtain a zoning permit from the Administrative Officer within six (6) months of the date of this decision. 3. Prior to the issuance of a zoning permit, the applicants shall provide measurements for maximum building coverage, maximum overall coverage, maximum building height, and minimum floor area, which comply with the dimensional requirements of the SEQ District. 4. Landscaping and vegetation within the southwest corner of the property and falling within the Dorset Park View Protection Zone D of the Scenic View Protection Overlay District shall be maintained such that it does not exceed an elevation of 441 ft. Chuck Bolton nay/abstain Mark Boucher -nay/abstain John Dinklage - etnay/abstain Roger Farley - e ay/abstain Larry Kupferman nay/abstain Gayle Quimby a nay/abstain MOTION CARRIED by a vote of '� - 0 - b Le ) Signed this day of 2003, by 4�- John Dinklage, Chair \d rb \m is c\wu Ifs on \M S#03-01. f cd. d oc 3