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Home My WebLink AboutIZ-89-0000 - Decision - 1485 Spear StreetCITY COUNCIL CITY OF SOUTH BURLINGTON IN RE: APPLICATION OF ANNE AND VICTOR RATKUS This matter came before the South Burlington City Council pursuant to the provisions of 24 V.S.A. §4410(d) on the application of Anne and Victor Ratkus to construct improve- ments in the City of South Burlington which fail to comply with the "Interim Zoning Regulations for the Protection of the Spear Street Scenic Overlook District," adopted by the Council on April 4, 1988. The City Council conducted public hearings on this application on April 17, 1989 and May 1, 1989. Mr. and Mrs. Ratkus were present at these hearings. Numerous adjoining property owners and neighbors were also present at these hearings. Based upon the evidence submitted at the hearings mentioned above, the Council hereby renders the following decision on this application: FINDINGS OF FACT 1. Anne and Victor Ratkus are the owners of the property which is the subject of this application which is commonly know as 1485 Spear Street. 2. The subject property is located on;the westerly side of Spear Street, so-called. It has 175 feet of frontage on Spear Street and a depth of approximately 815 feet. 3. The subject lot has an elevation of approximately 376 feet above mean sea level on its easterly boundary where it adjoins the Spear Street right-of-way and approximately 314 feet above mean sea level at its westerly boundary where it adjoins lands presently owned by the University of Vermont and operated as a horticultural farm. 4. By their application to the City Council Mr. and Mrs. Ratkus seek approval to construct a single-family residence on the subject lot. The Ratkus' application with supporting plans was filed with the City Zoning Administrator on March 7, 1989. 5. The easterly building line of the proposed residence is approximately 135 feet from the westerly edge of the Spear Street right-of-way. The house has an approximate depth of 62 feet. 6. The proposed house, including porches, has a total width of approximately 115 feet. 7. The ridge line of the roof at its highest point is approximately 400 feet above mean sea level. 8. The proposed house contains two chimneys, each of which extends above the ridge line of the roof. 9. The proposed structure contains living space located in an improved basement, and a first and second floor. The proposed structure also contains an attic area located above the second floor and a three -car garage. 10. The Ratkus' property is located in a portion of South Burlington which is primarily residential in nature and will likely experience further residential development in the future. 2 11. Given the nature of the topagraphy adjoining the Ratkus property to the north and the location of a hedge along the northern boundary of the Ratkus property, the proposed structure will not significantly interfer with views of Lake Champlain and the Adirondak Mountains from Spear Street. CONCLUSIONS The Interim Zoning Regulations for the protection of the Spear Street Scenic Overlook District establish height limitations for structures and vegetation located in the District. At the location proposed by Mr. and Mrs. Ratkus for the construction of their residence, the standard contained in the Interim Zoning Regulations prohibits construction above an elevation of 370 feet above mean sea level. Since the ridge line of the roof over proposed residence exceeds this elevation, the proposed construction fails to comply with the Interim Zoning Regulations. For this reason this Council must review and approve the proposed construction under the provisions of 24 V.S.A. §4410(d) and (e). 1. 24 V.S.A. §4410(e)(1) requires this Council to consider the effect of the proposed use on "the capacity of existing or planned community facilities, services or lands." The proposed residence can connect to public sewer and water services, both of which are available and contain adequate capacity. The proposed residence may also result in children being placed in the South Burlington school system which also has adequate capacity. Based on this, the Council concludes that construction of the proposed residence will not have an 3 adverse impact on the capacity of existing or planned community facilities, services or lands. 2. 24 V.S.A. §4410(e)(2) requires this Council to consider the proposed use with respect to "the existing patterns and uses of development in the area." The proposed residential structure is located in a portion of the City developed with and zoned primarily for the construction of single-family residences. Based on this, and subject to the Council's discussion in Conclusion #4 below and the related condition, this Council concludes that the proposed use is consistent with existing patterns and uses of development in the area. 3. 24 V.S.A. §4410(e)(3) requires this Council to consider the proposed use with respect to "environmental limitations of the site or area and significant natural resource areas and sites." Because the proposed residence can be served by public water and sewer, this Council concludes that there are no environmental limitations on the site which preclude the proposed development provided it is connected to public sewer and water. Further, this Council concludes that the proposed development will not occur on.lands which will obstruct in any significant way views of the Lake Champlain Valley including Shelburne Bay, Lake Champlain, and the Adirondacks. 4. 24 V.S.A. §4410(e)(4) requires this Council to consider the proposed use with respect to "municipal plans and other municipal by-laws, ordinances or regulations in effect." 4 The Comprehensive Plan for the City of South Burlington recommends that the City act to preserve public access to views of Lake Champlain and the Adirondacks, with a strong emphasis on City acquisition of scenic turnouts. (Comprehensive Plan, dated 1985 - Aesthetics, History and Cultural Resources Chapter). As already noted the proposed development will not adversely impact these views from Spear Street. Based on this, this Council concludes that the proposed development complies with the Comprehensive Plan for the City of South Burlington. Zoning regulations in effect for the subject property limit the maximum height of structures to 35 feet. Zoning Regulations §18.112(a). The structure proposed in this case exceeds 45 feet in height, measured from the elevation of the finished grade to the elevation of the ridge line of the roof. For this reason this plan fails to conform to the Zoning Regulations of the City of South Burlington and is rejected. The applicable zoning regulations also preclude the construction of a duplex on this lot. The proposed plans contain a guest apartment containing over 1000 square feet, a separate kitchen, dining area, living room,, bedroom and private entance. For this further reason this plan fails to conform to the Zoning Regulations of the City of South Burlington and is rejected. 5. 24 V.S.A. §4410(d) requires this Council to determine whether the proposed construction is consistent with the "health, safety and welfare of the municipality and the 5 standards contained in Subsection e." For the reasons set forth in conclusions 1 through 3 above, this Council has concluded that the proposed development is in conformance with the standards set forth in Subsection e. For the reasons set forth in conclusion 4 above, this Council has concluded that the proposed development is not in conformance with the standards set forth in Subsection e. However, the Council will impose conditions on this application to remedy the failure of this proposal to conform to the South Burlington Zoning Regulations. Therefore, this Council concludes that the proposed project can be constructed consistent with the health, safety and welfare of the City of South Burlington. DECISION 1. The request of Ann and Victor Ratkus pursuant to 24 V.S.A. §4410 to construct a single-family residence on Spear Street, dated March 7, 1989 in accordance with plans entitled, "Victor and Ann Ratkus Residence, Spear Street, South Burlington, Vermont", dated February 4, 1989 is approved subject to strict compliance with the following conditions: a. Construction may not commence,on the subject property pursuant to this approval until the applicants have received approval from the South Burlington Administrative Officer that the project plans conform in all regards to the South Burlington Zoning Regulations. The applicants shall revise the project plans submitted M to the Council in this proceeding to eliminate the deviations from the South Burlington Zoning Regulations noted in Conclusion #4 above. In the alternative, the applicants may seek appropriate variances to obtain approval for the noted deviations, though this Council makes no representation whether such variances are authorized under law. b. Construction may not commence on the subject property until the City has received an executed sewer line easement and bill of sale in the form attached hereto as Exhibit A. Dated at South Burlington, Vermont, this I(0 day of May, 1989. SFS#9/357 CITY /OF SOUTH BURLINGTON CITY COUNCIL Paul A. Farrar, Chairman 7