Loading...
HomeMy WebLinkAboutCU-15-01 - Decision - 0056 Central AvenueCU-15-01 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING RICHARD B. WHITE — 56 CENTRAL AVENUE CONDITIONAL USE APPLICATION #CU-15-01 FINDINGS OF FACT AND DECISION Conditional use application #CU-1501 of Richard B. White to expand a nonconforming single family dwelling to 2,571 sq. ft. by constructing two (2) additions of 4'-9 3/ " X 8'-10" & 19' X 17'-6" and constructing a 19' X 27' 2-story detached accessory structure to contain a 754 sq. ft. accessory residential unit, 56 Central Avenue. The Development Review Board held a public hearing on March 3, 2015, March 17, 2015 and April 7, 2015. The applicant represented himself. 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 applicant, Richard B. White, seeks conditional use approval to expand a nonconforming single family dwelling to 2,571 sq. ft. by constructing two (2) additions of 4'-9 % " X 8'-10" & 19' X 17'-6" and constructing a 19' X 27' 2-story detached accessory structure to contain a 754 sq. ft. accessory residential unit, 56 Central Avenue. 2. The owner of record of the subject property is Richard B. White. 3. The subject property is located in the Queen City Park Zoning District. 4. The application was received on January 19, 2015. 5. The plans submitted consist of a two (2) page set of plans, page one (1) entitled, "Richard White 56 Central Avenue South Burlington VT 05401", prepared by Hinge Architecture, dated March 26, 2015 and received on March 30, 2015. FINDINGS OF FACT The applicant, Richard B. White, seeks conditional use approval to expand a nonconforming single family dwelling to 2,574 sq. ft. by constructing two (2) additions of 4'-9 3/ " X 8'-10" & 19' X 17'-6" and constructing a 19' X 27' 2-story detached accessory structure to contain a 772 sq. ft. accessory residential unit, 56 Central Avenue. I,1 CITY OF SOUTH BURLINGTON DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING CU 15 01 56CentralAve White addition and accessory ffd.doc Zoning District & Dimensional Requirements: QCP Zoning District Required Existing7l Proposed Min. Lot Size 7500 S.F. 9535 S.F No change Max. Building Coverage 40% 6.54 % 16.46 % Max. Overall Coverage 60% 17.4 % 31.7 % Min. Front Setback loft ^20 ft. No change �► Min. Side Setback 5 ft. < 5 ft. No change Min. Rear Setback 10 ft. 267' No change Max. Building Height 25 ft. 23.35 ft. No change to existing home roof; proposed rear addition is 17.05 ft high, proposed accessory unit is 15 ft. high �► Pre-existing non -conforming Zoning compliance The Board has prepared its Findings of Fact in two sections so as to address, firstly, the proposed two additions to the existing non -conforming single family dwelling and secondly, the proposed accessory structure. FINDINGS ON PROPOSED ADDITIONS TO SINGLE FAMILY DWELLING The applicant seeks approval to add an entryway on the side of the house and an addition on the rear of the house. Since the house is non -conforming, the project must be reviewed under 3.11(D) [Alterations to Non -Conforming Structures] and 4.08(E), and (F) [Queen City Park District] of the South Burlington Land Development Regulations (SBLDR). Section 3.11 (D) (1) of the Land Development Regulations states that "except as otherwise provided in sub -sections (2) and (3) below, and in Article 4, Section 4.08, Queen City Park District, and in Article 12, Section 12.01(D), any non -complying building or structure may be altered, including additions to the building or structure, provided such alteration does not exceed in aggregate cost thirty-five percent (35%) for residential properties and twenty-five percent (25%) for industrial and commercial property of the current assessed value as determined by the City Assessor and in compliance with Section 3.11(B) above. In the event an addition or an expansion to a building or structure is proposed, the addition or expansion itself must comply with the provisions of these regulations (e.g., setback requirements) ". Section 3.11 (D) (2) of the SBLDR's states that "the thirty-five percent (35%) limitation for residential properties described above shall not apply to structures on lots that were in existence prior to February 28, 1974': This proposed alteration, pursuant to Section 3.11(D) (2) of the SBLDR's is not subject to the 35% limitation described in Section 3.11(D) (1) as the lot was in existence prior to February 28, 1974. CITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD 3 DEPARTMENT OF PLANNING & ZONING CU 15 01 56CentralAve White addition and accessory ffd.doc F. Nonconforming Structures. Structures in the Queen City Park District shall be subject to the provisions of Article 3, Section 3.11, nonconformities, and to -the following requirements and restrictions: (1) Any nonconforming structure may be altered provided such work does not: (a) Exceed in aggregate cost thirty-five percent (35%) for residential properties and twenty-five percent (25%) for nonresidential 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 structure's height or footprint, or otherwise involve an increase to the square footage of the building or structure. The proposed additions would increase both the footprint and square footage of the existing non -conforming structure. (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. The Board has evaluated compliance with the criteria in the section of this report titled 'Conditional Use Review' below. (3) The Development Review Board 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. The larger of the two (2) additions will be located in part in the location of an existing deck. A new deck area will be constructed as well on the south side of the building. The smaller addition, located on the south —east corner of the existing house, consists of a new main door entry. The Board finds that the proposed additions will not adversely affect the views of adjoining and/or nearby properties as the entryway addition is minor and the primary addition is taking place within the area already in use by the existing deck. With regards to the proposed additions' impact on the access of sunlight of adjoining and/or nearby properties (in this case the property to the north), the primary affect beyond what currently exists will be the height ( 17 ft., 5/8 inch) of the walls and roof of the addition (see Elevations for details). The Board notes that in both cases, the additions meet all setback and height requirements. The applicant submitted a shadow study. The Board finds that the proposed addition will not adversely affect the view of or access to sunlight of the property to the north. With regards to item (c) the plans indicate two parking spaces on the property as well as construction of CITY OF SOUTH BURLINGTON 4 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING CU 15 01 56CentralAve White addition and accessory ffd.doc a garage as part of the addition. The Board finds that these will provide adequate on -site parking. CONDITIONAL USE CRITERIA Pursuant to Section 14.10(E) of the Land Development Regulations, the proposed conditional use shall not result in an undue adverse effect on any of the following: (1) The capacity of existing or planned community facilities. No increase in the number of bedrooms is proposed as a part of the additions. The Board finds that the proposed additions will not have an undue adverse impact on existing or planned community facilities. (2) The character of the area affected, as defined by the purpose or purposes of the zoning district within which the project is located, and specifically stated policies and standards of the municipal plan. As noted in Section 4.08 of the LDRs, the purpose of the Queen City Park District is as follows: A Queen City Park District (QCP) is hereby 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 conversion of seasonal homes to year round residences. Any use not expressly permitted is prohibited, except those that are allowed as conditional uses. The proposed additions are part of an overall pattern in recent years of the conversion of what were once smaller seasonal homes into larger year round residences. The additions will not change the existing use of the property as a residential home. The Board finds the proposed additions to be compatible with the existing character of the QCP neighborhood. (3) Traffic on roads and highways in the vicinity. The adequacy of existing off-street parking is maintained. The Board finds that the proposed additions will have no undue adverse impact on traffic. (4) Bylaws and ordinances then in effect. Except where the DRB has discretionary authority noted above, the property is in compliance with the bylaws in effect, or is a pre-existing non -conformity. (5) Utilization of renewable energy resources. The Board finds that the proposed additions will have no undue adverse impact on the utilization of renewable energy resources such as rooftop solar or wind. The Board finds the project to have met the Conditional Use Criteria noted above. t CITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD DEPARTMENT OF PLANNING & ZONING CU 15 01 56CentralAve White addition and accessory ffd.doc FINDINGS ON PROPOSED ACCESSORY RESIDENTIAL UNIT (ARU) CONDITIONAL USE CRITERIA Pursuant to Section 14.10(E) of the Land Development Regulations, the proposed conditional use shall not result in an undue adverse effect on any of the following: (1) The capacity of existing or planned community facilities. The Accessory Residential Unit cannot be occupied unless it secures an allocation of wastewater and water from the appropriate authorities, a condition to which the project will be subject to at the time a decision is rendered on the application. In addition, the proposed Accessory Residential Unit is a one -bedroom unit and therefore the likelihood of school -age children living in the property is lower than that of a 2-bedroom or larger home. The Board finds that the proposed Accessory Residential Unit will not have an undue adverse effect on existing or planned community facilities. (2) The character of the area affected, as defined by the purpose or purposes of the zoning district within which the project is located, and specifically stated policies and standards of the municipal plan. As noted in Section 4.08 of the LDRs, the purpose of the Queen City Park District is as follows: A Queen City Park District (QCP) is hereby 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 conversion of seasonal homes to year round residences. Any use not expressly permitted is prohibited, except those that are allowed as conditional uses. The proposed additions are part of an overall pattern in recent years of the conversion of what were once smaller seasonal homes into larger year round residences. The additions will not change the existing use of the property as a residential property. The Board finds the proposed Accessory Residential Unit to be compatible with the existing character of the QCP neighborhood as other Accessory Residential Units have been approved in the neighborhood. The municipal plan identifies this neighborhood as medium density residential. The plan also notes that the "availability of quality housing, and quality affordable housing, is important in attracting and retaining a qualified workforce." The proposed Accessory Residential Unit represents a small but important contribution towards this goal in a neighborhood that is highly desirable due to its character and the proximity of Lake Champlain. (3) Traffic on roads and highways in the vicinity. The proposed Accessory Residential Unit will have two dedicated off-street parking spaces and therefore the Board finds that it will have no undue adverse effect on traffic. l CITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD [i DEPARTMENT OF PLANNING & ZONING CU 15 01 56CentralAve White addition and accessory ffd.doc (4) Bylaws and ordinances then in effect. Except where the DRB has discretionary authority noted above, the property is in compliance with the bylaws in effect, or is a pre-existing non -conformity. (5) Utilization of renewable energy resources. The Board finds that the proposed Accessory Residential Unit will have no undue adverse effect on the utilization of renewable energy resources such as rooftop solar or wind. The Board finds the project to have met the Conditional Use Criteria noted above. 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: (a) 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 after creation of the proposed addition is 2,571 sq. ft. As proposed, the accessory residential unit will use 754 sq. ft. of that space, or 29.3% of the habitable area of the principal dwelling. The application conforms to this limitation. (b) The principal dwelling shall be owner occupied. The applicant testified that the primary residence will be owner occupied. This criterion is met. (c) The accessory dwelling shall be an efficiency or one -bedroom unit. The proposed accessory dwelling is a one -bedroom unit. This criterion is met. (d) 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 approval prior to issuance of a zoning permit. (e) 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. l CITY OF SOUTH BURLINGTON 7 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING CU 15 01 56CentralAve White addition and accessory ffd.doc As illustrated on the site plan,_these are provided. (f) 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. (g) A zoning permit shall be required for the accessory residential unit. A zoning permit is required. DECISION Motion by Bill Miller, seconded by David Parsons, to approve conditional use application #CU-15-01 of Richard B. White, 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. Prior to the issuance of a zoning permit for the accessory residential unit, the applicant shall obtain final wastewater allocation. 4. 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. 5. Any change to the approved plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. Tim Barritt— yea nay abstain not present Mark Behr— yea nay abstain not present Brian Breslend — yea nay abstain not present Bill Miller— yea nay abstain not present David Parsons — yea nay abstain not present Jennifer Smith — yea nay abstain not present John Wilking— Yea nay abstain not present Motion carried by a vote of 6— 0 — 0. 4 I Signed this I - day of Ap 2015, by Tim Barritt, Chair I CITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD E3 DEPARTMENT OF PLANNING & ZONING CU 15 01 56CentralAve White addition and accessory ffd.doc 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. The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call 802.879.5676 to speak with the regional Permit Specialist.