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HomeMy WebLinkAboutCU-02-23 SP-02-48 - Decision - 1560 Spear Street# CU-02-23 #SP-02-48 FINDINGS OF FACT AND DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, site plan application #SP-02-48 and conditional use application #CU- 02-23 of Jen-Fu and Lucia Chiu to amend a site plan for a 3,800 sq ft, two story single family dwelling. The amendment consists of a request to convert the single-family dwelling to a three (3) room bed and breakfast, 1560 Spear Street. On the 5`h of November 2002, the South Burlington Development Review Board approved the request of Jen- Fu and Lucia Chiu seeking site plan approval under Section 26.10, and conditional use approval under Section 26.05 of the South Burlington Zoning Regulations, based on the following findings: 1) This project consists of amending a site plan for a 3,800 square foot two story single family dwelling, at 1560 Dorset Street. The amendment consists of converting the single-family dwelling to a three (3) room bed and breakfast. 2) The owners of record are Jen-Fu and Lucia Chiu. 3) This property lies within the Southeast Quadrant District. It is bounded to the north, south, and east by single-family residences, and on the west by Spear Street and Overlook Park. CONDITIONAL USE CRITERIA 4) The proposed project complies with the stated purpose of the Southeast Quadrant District "To encourage open space preservation, scenic view and natural resource protection, wildlife habitat preservation, continued use, and well planned residential use in the largely undeveloped area...," and does not adversely affect: a) The capacity of existing or planned municipal or educational facilities- no effect expected. b) The essential character of the neighborhood or district in which the property is located, nor the ability to develop adjacent property for appropriate uses- no effect expected. c) Traffic on roads and highways in the vicinity -no effect expected, d) Bylaws in effect- no effect expected. e) Utilization of renewable energy resources -no effect expected . f) General public health and welfare -no effect expected. SITE PLAN CRITERIA: 5) Access/circulation: Access is provided via a 12 foot wide private drive off of Spear Street. The circulation on site is inadequate for the proposed use. A single loaded parking area requires a 22 foot wide aisle to accommodate cars pulling out of the spaces. The applicant should revise the site plan to show a 22 foot aisle. 6) Coverage: The building coverage remains unchanged at 4.4% (maximum allowed is 20%) The overall coverage remains unchanged at 10% (maximum allowed is 40%). The front yard coverage is 5.3% (maximum allowed is 30%), and should be so noted on the plan. 7) Parking: The minimum parking requirement is five (5) spaces, one space per guest bedroom and two for the owners (2 + 3=5 spaces). The applicant proposes seven parking spaces. A single accessible parking space is required and should be noted on the plan, and on the site with appropriate signage. The width of an accessible space is 13 feet total. The plan should reflect the correct width for the accessible space. The site has more than adequate parking and staff recommended two of the proposed spaces be converted to a single accessible space. Bicycle parking or storage facility is required, and should be noted on the plan. 8) Landscaping: There is no minimum landscaping requirement based on minimum construction costs. 9) Lighting: Any floodlights or non-downcasting and non -shielded fixtures should be removed or replaced with downcasting and shielded light fixtures approved by the Director of Planning and Zoning prior to installation. 10) Dumpsters: No dumpsters proposed. DECISION AND CONDITIONS Based on the above Findings of Fact, the South Burlington Development Review Board approves site plan application # SP-02-48 and conditional use application #CU-02-23 of Jen—Fu and Lucia Chiu requesting to convert a single-family dwelling to a three (3) room bed and breakfast, 1560 Spear Street, as depicted on a one (1) page plan, entitled "Jen Fu and Lucia Chiu 1560 Spear Street South Burlington, VT", as prepared by Engineering Ventures Inc., dated 9/2002, with a stamped received date of 9/24/02, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. The site plan shall be revised to show the changes listed below and shall require approval by the Director of Planning and Zoning (hereinafter Director). Three (3) 2 copies of the approved revised plan shall be submitted to the Director prior to permit issuance. a. The site plan shall be revised to show a 22 foot wide aisle for both single loaded parking areas. b. The site plan shall be revised to show front yard coverage information. c. The site plan shall be revised to show one accessible parking space. d. The site plan shall be revised to show the location of bicycle storage. 3. All new exterior lights must be downcasting and shielded and approved by the Director of Planning and Zoning prior to installation. All non complying floodlights lights shall be removed or replaced with downcasting and shielded light fixtures approved by the Director of Planning and zoning prior to installation. 4. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 27.302 of the zoning regulations or this approval is null and void. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer before use of 1560 Spear Street as a bed and breakfast. 6. Any change to the site plan shall require approval by the South Burlington Development Review Board. �5i Chair or South Burlington Development Review Board Date Please Note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 V.S.A. § 4471 and V. R. C. P. 76, in writing, within 30 days of the date this decision is issued. The fee is $150.00. 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 V.S.A. § 4472(d) (exclusivity of remedy; finality). 3