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HomeMy WebLinkAboutIZ-89-0000 - Decision - 1560 Spear StreetMcNEIL & MURRAY RiI It LINGTON, VERMONT 0540I CITY COUNCIL CITY OF SOUTH BURLINGTON IN RE: APPLICATION OF JEN-FU AND LUCIA CHID This matter came before the South Burlington City Council pursuant to the provisions of 24 V.S.A. §4410(d) on the application of Jen-Fu and Lucia Chiu to construct improvements in the City of South Burlington which fail to comply with the "Interim Zoning Regulations" adopted by the Council on April 17, 1989. The City Council conducted a public hearing on this application on June 5, 1989. Jen-Fu and Lucia Chiu were present at this hearing. Based upon the evidence submitted at the hearing mentioned above, the Council hereby renders the following decision on this application: FINDINGS OF FACT 1. Jen-Fu and Lucia Chiu are the owners of the property which is the subject of this application which is commonly know as 1560 Spear Street. 2. The subject property is located on the easterly side of Spear Street, so-called. 3. By their application to the City Council Jen-Fu and Lucia Chiu seek approval to expand an existing single-family residence on the subject lot in accordance with plans filed with the City Zoning Administrator. 11 CONCLUSIONS The Interim Zoning Regulations prohibit the expansion of existing structures. Since the applicants propose to expand their existing residence, 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 is connected to public sewer and water services, both of which contain adequate capacity for the expansion. Based on this, the Council concludes that construction of the proposed expansion will not have an 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, this Council concludes that the proposed expansion 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 Fj McNEIL & MURRAY BURLINGTON, VERMONT 05401 CITY COUNCIL CITY OF SOUTH BURLINGTON IN RE: APPLICATION OF JEN-FU AND LUCIA CHIU This matter came before the South Burlington City Council pursuant to the provisions of 24 V.S.A. §4410(d) on the application of Jen-Fu and Lucia Chiu to construct improvements in the City of South Burlington which fail to comply with the "Interim Zoning Regulations" adopted by the Council on April 17, 1989. The City Council conducted a public hearing on this application on June 5, 1989. Jen-Fu and Lucia Chiu were present at this hearing. Based upon the evidence submitted at the hearing mentioned above, the Council hereby renders the following decision on this application: FINDINGS OF FACT 1. Jen-Fu and Lucia Chiu are the owners of the property which is the subject of this application which is commonly know as 1560 Spear Street. 2. The subject property is located on the easterly side of Spear Street, so-called. 3. By their application to the City Council Jen-Fu and Lucia Chiu seek approval to expand an existing single-family residence on the subject lot in accordance with plans filed with the City Zoning Administrator. 1 CONCLUSIONS The Interim Zoning Regulations prohibit the expansion of existing structures. Since the applicants propose to expand their existing residence, 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. 2? V.S.A. 94410(e) (1) rewires this Ccuncil to consider the effect of the proposed use on "the capacity of existing or planned community facilities, services or lands." The proposed residence is connected to public sewer and water services, both of which contain adequate capacity for the expansion. Based on this, the Council concludes that construction of the proposed expansion will not have an 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, this Council concludes that the proposed expansion 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 2 resource areas and sites." Because the proposed residence is served by public water and has adequate sewage disposal, this Council concludes that there are no environmental limitations on the site which preclude the proposed expansion. 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." 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. 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 and establish front yard, side yard and rear yard set backs. The expansion proposed in this case will comply with these dimensional requirements. Based on this, this Council Q concludes that the proposed development complies with the Zoning Regulations of the City of South Burlington. 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 standards contained in Subsection e." For the reasons set forth in conclusions 1 through 4 above, this Council concludes that the proposed project can be constructed consistent with the health, safety and welfare of the City of South Burlington. DECISION The request of Jen-Fu and Lucia Chiu pursuant to 24 V.S.A. §4410 to expand a single-family residence on Spear Street, in accordance with plans filed with the Zoning Administrator, is approved. Dated at South Burlington, Vermont, this day of June, 1989. SFS#10/432 CITY OF SOUTH BURLINGTON CITY COUNCIL Paul A. Farrar, Chairman 4