The URL can be used to link to this page

Home My WebLink AboutMS-06-04 - Decision - 0045 Central Avenue#MS-06-04 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING MARY PROVENCHER - 45 CENTRAL AVENUE MISCELLANEOUS APPLICATION #MS-06-04 FINDINGS OF FACT AND DECISION Mary Provencher, hereafter referred to as the applicant, is seeking approval to amend a previously approved second story addition to a non -complying structure. The amendment consists of raising the height by one foot to 25.5 feet above pre -construction grade, 45 Central Avenue. The Development Review Board held a public hearing on May 16, 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: FINDINGS OF FACT 1. The applicant is seeking approval to amend a previously approved second story addition to a non -complying structure. The amendment consists of raising the height by one foot to 25.5 feet above pre -construction grade, 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 with this application consists of a hand drawn plan dated 4/20/06 prepared by Mary Provencher. This application shall be reviewed under Section 4.08 of the South Burlington Land Development Regulations. 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 B. Comprehensive Plan The proposed addition is harmonious with the City's Comprehensive plan. - 1 - #MS-06-04 C. Permitted Use The proposed residential addition is a permitted use in the QCP district. D. Conditional Uses The proposed height of the roof is 266". As this is higher than the standard allowable use in the district, the application shall be reviewed under Article 14, Conditional Use Review. These standards are outlined below in this report. 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 South Burlington Land Development Regulations. The applicant is not proposing any changes to the footprint of the structure. Compliance with area and density standards remains 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 25'6" and thus is not in compliance with this criterion. However, Section 4.08 (F)(2) allows that the maximum height of a structure may be increased to thirty five (35) feet if approved by the Development Review Board subject to Article 14, Conditional Use Review. Again, the standards for this review are outlined below. 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 -2- r #MS-06-04 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. The Board has evaluated compliance with the criteria 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. -3- #MS-06-04 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. (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, staff finds it 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 3.060)(3) of the Land Development Regulations, the proposed building expansion shall meet the following standards: (a) views of adjoining and/or nearby properties; It is difficult to assess how this proposal will affect the views of adjoining and/or nearby properties. This neighborhood is located very close to Lake Champlain and so it is somewhat possible that some favorable views exist. However, from Staff's site visit to the property, it does not appear that this addition would impact those views. (b) access to sunlight of adjoining and/or nearby properties; It is also difficult to assess this criterion. This neighborhood is very dense and homes are very close together. However, from Staff's site visit to the property, it does not appear that this addition would deny neighboring property owners' access to sunlight. (c) adequate on -site parking; and The proposed addition will not have an undue adverse affect on adequate on -site parking. (d) safety of adjoining and/or nearby property. The proposed addition will not have an undue adverse affect on the safety of adjoining properties. -4- #MS-06-04 DECISION Motion by G qt� at, 10/3 V , seconded by C'� �l C�� 44 To� to approve Miscellaneous Applic tion #MS-06-04 of Mary Provencher subject 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 plans 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—Gey/nay/abstain/not present Matthew Birmingham — &nay/abstain/not present Chuck Bolton — e nay/a stain/not present John Dinklage — yea/nay/abstaiqe sRoger Farley —yea/nay/abstaine Larry Kupferman — ea/nay/absresent Gayle Quimby — ay/abstain/not present Motion carried by a vote of q- d - b Signed this � day of }� 2006, by Behr, Vice Chairman 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-