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Home My WebLink AboutMS-06-03 - Decision - 0045 Central Avenue#MS-06-03 CITY of SOUTH BURLINGTON DEPARTMENT of PLANNING AND ZONING MARY PROVENCHER - 45 CENTRAL AVENUE MISCELLANEAOUS APPLICATION #MS-06-03 FINDINGS of FACT AND DECISION Mary Provencher, hereafter referred to as the applicant, is seeking miscellaneous approval to construct a second story addition to a non -complying structure, 45 Central Avenue. The Development Review Board held a public meeting on March 21, 2006. The applicant was present at the meeting. Based on testimony provided at the above mentioned public hearing and the plans and supporting materials contained in the document file for this application, the Development Review Board finds, concludes, and decides the following: This application shall be reviewed under Section 4.08 of the South Burlington Land Development Regulations. FINDINGS of FACT 1. The applicant is seeking miscellaneous approval to construct a second story addition to a non -complying structure, 45 Central Avenue. 2. The subject property is located in the Queen City Park (QCP) Zoning District. 3. The owner of record of the subject property is Mary Provencher. 4. The plan submitted is entitled, "Plan Showing the Locations of House No.45 Mary Provencher Property Central Ave. So. Burlington, VT", prepared by William A. Robenstein, dated 2/24/06. A. Purpose: A Queen City Park District is herby formed in order to encourage residential use at densities and setbacks that are compatible with the existing character of the Queen City Park neighborhood. It is designed to promote the area's historic development pattern of smaller lots and reduced setbacks. This district also encourages the conversation of seasonal homes to year round residences. The proposed addition is in compliance with the purpose of the QCP Zoning District. #MS-06-03 B. Comprehensive Plan The proposed addition is harmonious with the City's Comprehensive plan. C. Permitted Use The proposed residential addition is a permitted use in the QCP district. D. Conditional Uses The proposed addition is not a conditional use and thus this criterion is not applicable. E. Area, Density, and Dimensional Requirements The existing property is a non -complying structure in the QCP District and thus shall be reviewed under Section 4.08(G) of the SBLDR. The applicant is not proposing any changes to the footprint of the structure. Compliance with area, density, and dimensional standards remain unchanged. F. Height of Structures The maximum height for all structures shall be no more than twenty-five feet above the average pre -construction grade adjoining such structure. The applicant has proposed a height of 24 feet and is thus in compliance with this criterion. G. Non -Complying Structures Structures in the Queen City Park District are not subject to all provisions of Article 3, Section 3.11, non -conforming uses and non -conforming structures and lots. Non- complying structures shall be subject to the following requirements and restrictions: (1) Any non -complying building or structure may be altered provided such work does not: a. Exceed in aggregate cost thirty-five percent for residential properties and twenty five percent for non-residential properties of the fair market value as determined by the City Assessor or by a separate independent appraisal approved by the Administrative Officer; or b. Involve an increase to the structures height or footprint, or otherwise involve an increase to the square footage of the building or structure. The applicant has proposed a building cost of $30,000 and is thus in compliance with part 'a' of this criterion. However, the square footage of the building will be increased. Therefore, Section 4.08(G)(2) applies: (2) The Development Review Board may approve any alteration which exceeds the thirty-five and twenty-five percent rule described above or which involves an increase to the structure's height, footprint, or square footage subject to the provisions of Article 14, Conditional Use Review. -2- f I #MS-06-03 Compliance with the criteria has been evaluated in the section of this report titled `Conditional Use Review'. (3) In addition to the provisions set forth above, the DRB shall determine that the proposed alteration or expansion will not adversely affect: a. Views of adjoining and/or nearby properties; b. Access to sunlight of adjoining and/or nearby properties; and c. Adequate on -site parking. These criteria are evaluated below as part of conditional use review. CONDITIONAL USE CRITERIA Pursuant to Section 14.10(E) of the Land Development Regulations, the proposed conditional use shall meet the following standards: 1. The proposed use, in its location and operation, shall be consistent with the planned character of the area as defined by the City of South Burlington Comprehensive Plan. The proposed addition is not in conflict with the planned character of the area, as defined by the Comprehensive Plan. 2. The proposed use shall conform to the stated purpose of the district in which the proposed use is located. According to Section 4.08(A) of the Land Development Regulations, the QCP Zoning District is formed in order to encourage residential use at densities and setbacks that are compatible with the existing character of the Queen City Park neighborhood. It is designed to promote the area's historic development pattern of smaller lots and reduced setbacks. This district also encourages the conversation of seasonal homes to year round residences. Again, the proposed addition is in compliance with the proposed use of the district. 3. The Development Review Board must find that the proposed uses will not adversely affect the following: (a) The capacity of existing or planned municipal or educational facilities. The proposed addition will not adversely affect municipal services. (b) The essential character of the neighborhood or district in which the property is located, nor ability to develop adjacent property for appropriate uses. The proposed addition will not adversely affect the character of the neighborhood. The QCP district is historically a very dense neighborhood. The addition of a second story addition will not impact this criterion. -3- #MS-06-03 (c) Traffic on roads and highways in the vicinity. The proposed addition will not affect traffic in the vicinity. (d) Bylaws in effect. The proposed addition is not in keeping with applicable regulations because it is a pre- existing non -conforming structure. However, as the project does not propose to increase the non -conformity, it is acceptable in relation to the bylaws. (e) Utilization of renewable energy resources. The proposed addition will not affect renewable energy resources. (0 General public health and welfare. The proposed addition will not have an adverse affect on general public welfare. Pursuant to Section 4.08(G)(3) of the Land Development Regulations, the proposed building expansion shall not adversely affect: (a) views of adjoining and/or nearby properties; The proposed addition will not adversely affect the views of adjoining and/or nearby properties due to the size and location of the addition. (b) access to sunlight of adjoining and/or nearby properties; The proposed addition will not adversely affect access to sunlight of adjoining and/or nearby properties due to the size and location of the addition. (c) adequate on -site parking; and The proposed addition will not have an undue adverse affect on adequate on -site parking. Adequate on -site parking is existing and will not be affected by this building expansion. (d) safety of adjoining and/or nearby property. The proposed addition will not have an undue adverse affect on the safety of adjoining properties due to it's size and location. M #MS-06-03 DECISION y� [ Motion by C74 L� U IO �j seconded by to approve Miscellaneous Appli ation #MS-06-03 of Mary Provencher, subj ct to the following conditions: 1. All previous approvals and stipulations, which are not superseded by this approval, shall remain in effect. 2. This project shall be completed as shown on the plan submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 3. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 17.04 of the Land Development Regulations or this approval is null and void. 4. Any change to the site plan shall require approval by the South Burlington Development Review Board. Mark Behr —Gnay/abstain/not present Matthew Birmingham — yea/nay/abstain not presen Chuck Bolton — yea/nay/abstain not resen John Dinklage nay/abstain/not present Roger Farley —OR-nay/abstain/not present Larry Kupferman --ye nay/abstain/not present Gayle Quimby — e nay/abstain/not present Motion carried by a vote of 5- 0 - v Signed this ( day of �1 �+- 2006, by John Dinklage, Chair Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this decision is issued. The fee is $225.00. 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 VSA 4472 (d) (exclusivity of remedy; finality). -5-