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Home My WebLink AboutCU-13-07 - Decision - 0050 Central AvenueCITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING LAURA J. WATERS & WILLIAM L. SMITH, 50 CENTRAL AVENUE CONDITIONAL USE APPLICATION #CU-13-07 FINDINGS OF FACT AND DECISION Conditional use application #CU-13-07 of Laura Waters & William Smith to create a 400 sq ft. accessory residential unit and construct an exterior staircase to access the new accessory unit, 50 Central Ave. The Development Review Board held a public hearing on February 4, 2014. The applicants represented themselves. Based on the plans and materials contained in the document file for this application, the Development Review Board finds, concludes, and decides the following: FINDINGS OF FACT 1. The applicants, Laura Waters & William Smith, seek conditional use approval to create a 400 sq ft. accessory residential unit and construct an exterior staircase to access the new accessory unit, 50 Central Ave. 2. The owner of record of the subject property are Laura Waters & William Smith. 3. The subject property is located in the Queen City Park Zoning District 4. The application was received on December 18, 2013. 5. The plans submitted consist of a three (3) page set of plans, sheet one (1) entitled "Laura Waters & Wm. Smith Residence 50 Central Ave. South Burlington, VT 05403", prepared by the applicant, and dated 12/12/13. PROJECT DESCRIPTION Applicant/Owner Laura Waters & William Smith, seek conditional use approval to create a 400 sq ft. accessory residential unit and to construct an exterior staircase to access the new accessory unit. Table 1. Dimensional Requirements QCP Zoning District Required Existing Proposed Min. Lot Size 7500 S.F. 3485 S.F No change Max. Building Coverage 40% 34% No change Max. Overall Coverage 60% 41.5% 51% Min. Front Setback 10 ft 15? ft No change Min. Side Setback 5 ft. 713" 511" Min. Rear Setback 10 ft. 267' No change l CITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD 2 DEPARTMENT OF PLANNING & ZONING Max. Building Height 1125 ft. unknown No change M Pre-existing non -complying Zoning compliance CONDITIONAL USE CRITERIA Pursuant to Section 14.10(E) of the Land Development Regulations, the proposed conditional use shall meet the following standards: 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. This criterion is being met. 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. Other than enhancement with an exterior stairway and expanded parking, the existing primary use as a single family home is not changing; therefore, the proposed use conforms with the purposes of the district. Adding an accessory apartment continues the residential use of the property; functionally no different than the multi bedroom home that exists today. 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 accessory apartment will not adversely affect municipal services. (b) The planned character of the neighborhood or district in which the property is located, nor ability to develop adjacent property for appropriate uses. The proposed accessory apartment is consistent with the planned character of the area, as defined by the Comprehensive Plan. (c) Traffic on roads and highways in the vicinity. The proposed accessory apartment will not affect traffic in the vicinity any more than the multi - bedroom home that exists today. (d) Bylaws in effect. l CITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD 3 I DEPARTMENT OF PLANNING & ZONING Except where the Board has discretionary authority noted above, the property is in compliance with the bylaws in effect, or is existing nonconforming. (e) Utilization of renewable energy resources. The proposed alteration will not impact adversely the abutting property owner's access to solar energy. ACCESSORY RESIDENTIAL UNITS Pursuant to Section 3.10(E) of the proposed Land Development Regulations, in any district where a single- family residence is a principal permitted use, one (1) accessory residential unit within or attached to a primary single-family residence or within an existing, permitted accessory structure may be permitted by the DRB in accordance with Article 14, Site Plan Review, and the following additional criteria: Floor space of the accessory residential unit shall not exceed thirty percent (30%) of the total habitable area of the single-family dwelling unit. According to the applicant, the total habitable area of the single family dwelling unit as it exists today is 1850 sq. ft. As proposed, the accessory residential unit will use 400 sq. ft. of that space, or 21.6% of the habitable area of the principal dwelling. The application conforms with this limitation. The principal dwelling shall be owner occupied. The applicants testified at the hearing that the principal dwelling will be owner occupied. The accessory dwelling shall be an efficiency or one -bedroom unit. The proposed accessory dwelling is a one -bedroom unit. Adequate wastewater capacity is available to service the accessory unit, as demonstrated by the issuance of a Wastewater Allocation or on -site wastewater permit pursuant to the South Burlington Ordinance regulating the use of public and private sanitary sewage and stormwater systems. The applicant must obtain wastewater allocation prior to issuance of a zoning permit. Two additional off-street parking spaces shall be provided on the same lot, either in a garage or a driveway, or not in any areas required to meet coverage limitations, or any front yard other than a driveway, required by these Regulations. As illustrated on the site plan, these are provided. If occupancy of the unit is to be restricted in the deed of the single-family home to a disabled person, no additional off-street parking is required. No such deed restrictions are proposed. This criterion does not apply. A zoning permit shall be required for the accessory residential unit. CITY OF SOUTH BURLINGTON 4 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING A zoning permit is required. DECISION Motion by Mark Behr, seconded by Art Klugo, to approve conditional use application #CU-13-07 of Laura Waters & William Smith, 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 approved plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. Tim Barritt— vea nay abstain not present Mark Behr— yea nay abstain not present Art Klugo — yea nay abstain not present Bill Miller— vea nay abstain not present David Parsons -- yea nay abstain not present Jennifer Smith -- yea nay abstain not present Motion carried by a vote of 6 —0 - 0 1A n � Signed this `U day of F' J, , 4 h 2014, by f Tim Barritt, Chairrrma Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this decision, a notice of appeal and the required fee by certified mail to the Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be mailed to the City of South Burlington Planning and Zoning Department at 575 Dorset Street, South Burlington, VT 05403. See V.R.E.C.P. 5(b) (4)(A). Please contact the Environmental Division at 802-828-1660 or http://vermontiudiciary.org/GTC/environmental/default.aspx for more information on filing requirements, deadlines, fees and mailing address.