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HomeMy WebLinkAboutIZ-88-0000 - Decision - 1535 Spear StreetCITY COUNCIL CITY OF SOUTH BURLINGTON IN RE: APPLICATION OF CYNTHIA AND ROBERT HOEHL This matter came before the South Burlington City Council pursuant to the provisions of 24 V.S.A. Section 4410(d) on the application of Cynthia and Robert Hoehl to construct improvements 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 May 2nd, May loth, May 23rd, May 26th and June 6th. The Hoehls were present at all three hearings and were represented by Ms. Leslie Linton, Esq. Numerous adjoining property owners and neighbors were also present at these hearings. At at least two of these hearings some of these adjoining property owners and neighbors were represented by James Dumont, Esq. A partial listing of those persons represented by Attorney Dumont is attached as Exhibit A to this decision. On May 7th this City Council viewed the site of the proposed development with the applicants and neighbors present. The May 2nd and May loth hearings on this matter were attended by the full City Council consisting of Mr. Farrar, Mr. Flaherty, Mr. Mona, Mr. Murray and Mrs. Lambert. At the City election on May 17th, Mr. Dinklage was elected to fill Mr. Mona's position on the Council. Mr. Dinklage familiarized himself with the evidence presented to the Council at its hearings on May 2nd and May loth and thereafter participated in the 1 proceedings of the Council. Mr. Mona did not participate in the Council's deliberation or decision in this matter. Based upon the evidence submitted at the hearings mentioned above and the Councils observations from the site visit, the Council hereby renders the following decision on this application: FDWIKGS OF FACT 1. Cynthia and Robert Hoehl are the owners of the property which is the subject of this application. 2. The subject property is located on the westerly side of Spear Street, so-called. It has 160 feet of frontage on Spear Street and a depth of approximately 600 feet. 3. The subject property adjoins on its southerly sideline the overlook park owned by the City at the intersection of Spear Street and Deerfield Drive. 4. The subject lot has an elevation of approximately 374 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. S. By their application to the City Council the Hoehls seek approval to construct a single-family residence on the subject lot. The Hoehls' application with supporting plans dated March 28, 1988 and April S, 1988 (hereinafter referred to as "Plan A") was filed with the City Zoning Administrator on April 12, 1988. The Hoehls submitted revised plans dated May 26th, 1988 (hereinafter referred to as "Plan B") for their proposed residence to the Council on June 2, 1988. 2 6. The easterly building line of the proposed residence is approximately 120 feet from the westerly edge of the pavement of Spear Street. The house has an approximate depth of 45 feet so that the westerly building line is approximately 165 feet from the westerly edge of the pavement of Spear Street. 7. The proposed house, not including porches, has a total width of approximately 85 feet. This width is composed of 3 sections: a northerly wing approximately 28 feet in width; a central section approximately 43 feet in width; and a southern wing approximately 14 feet in width. 8. The ridge line of the roof over the northern wing is approximately 382 feet above mean sea level; the ridge line of the roof over the central section of the house is approximately 387.9 feet above mean sea level; and the ridge line of the roof over the southerly wing is approximately 376.5 feet above mean sea level. 9. The proposed house contains two chimneys, each of which extends above the ridge line of the central section of the house. 10. The finished grade for the proposed residence on its westerly side is at an elevation of approximately 350 feet above mean sea level on Plan A. The finished grade for the proposed residence on its westerly side is at an elevation of approximately 353.9 feet above mean sea level on Plan B. 11. The proposed structure contains approximately 4000 square feet of 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 tvo-car garage. 3 12. At the proposed location, the Hoehls would be able to view Shelburne Bay, Lake Champlain and the Adirondack Mountains from any floor of the proposed residence. 13. The City of South Burlington owns park land adjoining and immediately south of the Hoehl property. This park site has approximately 301 feet of frontage on Spear Street and extends westerly from Spear Street approximately 266 feet. 14. The Hoehl property fronts on a portion of Spear Street which is frequently used by bikers, joggers and pedestrians. It is posted as bike route and is not authorized for general use by through truck traffic. 15. The Hoehl 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. 16. The Adirondack Mountains, Lake Champlain and portions of Shelburne Bay are visible while standing on the Hoehl property at a point approximately 500 feet westerly of Spear Street. At this point the Hoehl property has an elevation of approximately 330 feet above mean sea level. 17. The residence proposed by the Hoehls will significantly block views of the Adirondack Mountains, Lake Champlain and Shelburne Bay from Spear Street. 18. If moved ten (10) feet north, the residence proposed by the Hoehls will not interfere with views of the Adirondack Mountains, Lake Champlain and Shelburne Bay from the westerly portion of the city —owned park land. 19. It is possible for the Hoehls to construct a residence of comparable size to the one proposed on the westerly portion of their property in a way that it would not obstruct views of Lake Champlain and the 4 Adirondacks from either Spear Street or the City —owned park site. Such a residence would, however, be readily visible in the immediate foreground from the City —owned park site. 20. If allowed to construct their residence in the location they propose, the Hoehls have agreed to maintain the westerly portion of their property in its open and natural condition to preserve the view across the westerly portion of their property. 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 the Hoehls for the construction of their residence, the standard contained in the Interim Zoning Regulations prohibits construction above an elevation of 372 feet above mean sea level. Since the ridge line of the roof over all three sections of the 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. Section 4410(d) and (e). 1. 24 V.S.A. Section 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 will connect to public sewer and water services, both of which are available and contain an 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 5 proposed residence will not have an adverse impact on the capacity of existing or planned community facilities, services or lands. 2. 24 V.S.A. Section 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 residence is a single—family structure and is located in a portion of the City developed with and zoned primarily for the construction of single—family residences. Based on this, this Council concludes that the proposed use is consistent with existing patterns and uses of development in the area. 3. 24 V.S.A. Section 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 will be served by public water and sewer, this Council concludes that there are no environmental limitations on the site which preclude the development. However, this Council concludes that the proposed development will occur on lands which constitute a significant natural resource area because they offer spectacular panoramic views of the Lake Champlain Valley including Shelburne Bay, Lake Champlain, and the Adirondacks. The proposed residence will obstruct these views from Spear Street. If moved to the north, the proposed residence will not obstruct views from the City —owned Overlook Park. Further, if the residence is located on the easterly portion of the property as proposed, the westerly portion of the property can be maintained in its natural and open condition, thereby maintaining an attractive foreground for the views to the west from the park site. Because the modified siting of the Hoehlst residence protects views from the Overlook Park and because the Hoehls are willing to maintain the westerly C: portion of their property in a natural and open condition to further enhance the views from the Overlook Park, this Council concludes that the proposed development does not adversely impact this significant natural resource area. In reaching this conclusion this Council has been particularly persuaded by the unique and specific location of the Hoehl property and proposed structure in immediate proximity to the City's Overlook Park. 4. 24 V.S.A. Section 4410(e)(4) requires this Council to consider the proposed use with respect to "municipal plans and other municipal bylaws, ordinances or regulations in effect". 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 Adironacks , with a strong emphasis on City acquisition of scenic turnouts. (Comprehensive Plan, dated 1985 — Aesthetics, History and Cultural Resources Chapter). While the proposed development does restrict views from Spear Street, it protects views from the City —owned Spear Street Overlook Park. 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 Section 18.112(a). The structure initially proposed in this case (Plan A) exceeds 37 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 structure proposed by Plan B is within the 35 foot height limitation based on a measurement from the elevation of the finished grade 7 to the ridge line of the roof and for this reason this Council approves construction in accordance with Plan B. 5. 24 V.S.A. Section 4410(d) requires this Council to determine whether the proposed construction is consistent with the "health, safety and welfare of the municipality and the standards contained in subsection a". For the reasons set forth in conclusions 1 through 4 above, this Council has concluded that the proposed development is in conformance with the standards set forth in subsection e. The Council is not aware of, and has not received other information indicating any impacts other than those already discussed on matters of public health, safety and welfare. 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 Cynthia and Robert Hoehl pursuant to 24 V.S.A. Section 4410 to construct a single-family residence on Spear Street, dated April 12, 1988, is approved subject to the conditions and restrictions set forth below: a. The residence shall be constructed in accordance with the plans submitted to the City, dated March 28, 1988 and April 5, 1988 as modified by the plans submitted to the City, dated May 26, 1988. b. The proposed residence shall be relocated to the north on the subject property so that the building setback on the northerly side shall be reduced from 45' to 35'. c. The Hoehls shall deliver to the City, as offered, an appropriate open space restriction subjecting the westerly portion 0 of the Hoehl property to a requirement that it be maintained in its existing natural and open state, this document, to be reviewed and approved by the City attorney. That portion of the Hoehl's property subject to this open space restriction shall be all lands lying west of a north -south line which line shall commence in the Hoehl's northerly boundary line at a point 200' west of the northeast corner of the property and proceed in a southerly direction to the point of intersection with the Hoehl's southerly boundary line at a point 150' west of the southeast corner of the property. d. This approval does not authorize any site work or landscaping which fails to comply with the "Interim Zoning Regulations for the Protection of the Spear Street Scenic Overlook District" adopted by this Council on April 4, 1988. Dated at South Burlington, Vermont this 14th day of June 1988. CHAIRMAN, SOUTH BURLINGTON CITY COUNCIL STATE OF VERMONT ) Paul A. Farrar CNITTENDEN COUNTY, ss.) At South Burlington in said county, this 14th day of June, 1988 personally appeared Paul A. Farrar and executed the above instrument and acknowledged same to be his free act and deed. Before m tary Public Commission Expires 2/11/91 in J AV :I i UAtE. __ _ ---- - - - - -- - - ..z • L�o�,�a T�.r+��a c,7 'EA .. $ • 1 r r+��T�ul li�-�P 1 a.� �. _ EXHIBIT A