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HomeMy WebLinkAboutIZ-91-0000 - Decision - 1680 Spear StreetCITY COUNCIL CITY OF SOUTH BURLINGTON IN RE: APPLICATION OF WILLIAM AND JANE READY 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 William and Jane Ready to construct improvements in the City of South Burlington which fail to comply with the "Interi.m Zoning Regulations" adopted by the Council on April 17, 1989 and extended to July 31, 1991. The City Council conducted a public hearing on this application on July 1, 1991. William Ready was present at the hearing. Based upon the evidence submitted at the hearing mentioned above, the Council hereby renders the following decision on this appli- cation: Finding of Fact 1. William and Jane Ready are the owners of the property which is the subject of this application which is located at 1680 Spear Street.. 2. The property is located on the easterly side of Spear Street southerly of Deerfield Road. 3. By this application to the City Council William and Jane Ready seeks approval to expand an existing single-family resi- dence on the subject lot in accordance with plans filed with the City Administrative Officer. CONCLUSIONS The Interim Zoning Regulations prohibit the expansion of existing structure. Since the applicant proposes to expand his existing residence, the proposed construction fails to comply 1 with the Interim Zoning Regulations. For this reason this Coun- cil 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 residence is connected to a public sewer and water system, the parcel contains approximately 1.6 acres. 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 dwelling 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 dwelling 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 is served by a public water system and has adaequate 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 2 which -will obstruct in any significant way views of the Lake Champlain Valley including Mt. Mansfield, 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, the Adirondacks, and Mt. Mansfield. (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 con- cludes that the proposed development complies with the Comprehen- sive 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 proposed dwelling in this case will comply with these dimensional requirements. Based on this, this Council concludes that the proposed develop- ment 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 con- tained in Subsection e." For the reasons set forth in conclu- sions 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. -91 DECISION The request of William and Jane Ready pursuant to 24 V.S.A. 4410 to expand a single-family residence on Spear Street, in accordance with plans filed with the Zoning Administrative Offi- cer is approved. Dated at South Burlington, Vermont this 1st day of July, 1991. CITY OF S CITY COUNCIL y ,' %.11Q1.1111Q11 4