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Home My WebLink AboutCU-18-03 - Decision - 0065 Central Avenue#CU-18-03 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING ANTHONY L. SETTEL AND ERICA J. GIBSON CONDITIONAL USE APPLICATION #CU-18-03 FINDINGS OF FACT AND DECISION Conditional use application #CU-18-03 of Anthony Settel to alter the pre-existing structure by raising the roof height of an existing 2-story house, adding a covered front porch, extending rear deck, and lowering the grade of the south lawn, 65 Central Avenue. The Development Review Board held a public hearing on April 3, 2018. The applicants were represented by Anthony Settel. 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, Anthony Settel and Erica Gibson, seek a conditional use permit to remove the existing home and replace it within the same footprint, 65 Central Avenue. 2. The owners of record of the subject property are Anthony Settel and Erica Gibson. 3. The subject property is located in the Queen City Park Zoning District. A portion of the property is in the Flood Plain Overlay District but no work is proposed in the Flood Plain Overlay District therefore the requirements of Section 10.01F do not apply. 4. The reconstructed home is proposed to conform with district dimensional requirements therefore the requirements of Section 4.08F do not apply. 5. The project is also located within 150 feet of the high water elevation of Lake Champlain, defined as 102 feet above mean see level datum. Therefore the standards of 12.01C and 12.01D apply. 12.01D (2) defines reconstruction as a conditional use, therefore the requirements of 14.10 also apply. 6. The application was received on February 22, 2018. 7. The plans submitted consist of a four (4) page set of plans with page one (1) entitled, "Existing Conditions Site Plan", prepared by Civil Engineering Associates, and dated 2/19/2018. 1 #CU-18-03 ZONING DISTRICTAND DIMENSIONAL REQUIREMENTS QCP Zoning District Required Existing Proposed Min. Lot Size 7,500 SF 20,749 SF 20,749 SF Max. Building Coverage 20% 9.9% 11.6% Max. Overall Coverage 40% 15.9% 15.5% Min. Front Setback 10 ft. 19 ft. 19 ft. @ Min. Side Setback 5 ft. 2 ft. 2 ft. � Min. R ar Setback 10 ft. 13 ft. 13 ft. @ Waterfront Setback 150 ft. 84 ft. 84 ft. Height (Pitched roof) 25 ft. Unknown 25 ft. V Zoning Compliance @ Existing nonconforming The applicant is proposing to expand the existing structure from 1,856 square feet to 2,167 square feet, an increase of 348 square feet or 16.8%. The allowable structure expansion in the surface water protection district defined in 12.01D is 50%. SURFACE WATER PROTECTION STANDARDS 12. 01 C Surface Water Buffer Standards ("Stream Buffers"') (2) General Standards (a) N/A (b) Any areas within a required stream buffer that are not vegetated or that are disturbed during construction shall be seeded with a naturalized mix of grasses rather than standard lawn grass, and shall not be mowed. The applicant has submitted a landscape plan titled "Proposed Preliminary Landscape Plan," prepared by Ashley Robinson, and last revised 3/31/2018 which shows that the removed parking area will be planted with perennial ground cover and ornamental grasses. The Board finds this criterion met. (c) The creation of new lawn areas within stream buffers is not permitted after the effective date of these regulations. No new lawn areas are proposed. The Board finds this criterion met. (d) N/A (e) The placing or storing of cut or cleared trees and other vegetation within the stream buffer is prohibited. The Board finds this criterion shall be a condition of approval. (3) Expansion of pre-existing structures within stream buffers The expansion of pre-existing structures within stream buffers, except as provided in Section D below, shall be permitted only in accordance with the standards for non -complying structures in Article 3, Section 3.11 of these Regulations. See discussion under Section D below. The proposed structure will be a conforming use. The Board V, I #CU-18-03 finds this criterion met. 12.01D. Pre -Existing Structures along Lake Champlain and within Queen City Park (2) Expansion and construction of pre-existing structures. Within the areas defined in Section (D)(1) above, the expansion and reconstruction of pre-existing structures may be approved by the DRB as a conditional use provided the requirements of the underlying zoning district and the following standards are met: (a) The structure to be expanded or reconstructed was originally constructed on or before April 24, 2000. For purposes of these Regulations, expansion may include the construction of detached accessory structures including garages and utility sheds. The existing structure was constructed in 1960. The Board finds this criterion met. (b) The expanded or reconstructed structure does not extend any closer, measured in terms of horizontal distance, to the applicable high water elevation or stream centerline than the closest point of the existing structure. No part of the reconstructed structure extends closer to the high water elevation of 102 mean sea level. The Board finds this criterion met. (c) The total building footprint area of the expanded or reconstructed structure shall not be more than fifty percent (5016) larger than the footprint of the structure lawfully existing on April 24, 2000. For purposes of these regulations, reconstruction may include razing the existing structure andlor foundation and constructing a new structure in accordance with the provisions of the underlying zoning district regulations and this section. The proposed building footprint, defined as enclosed spaces, is smaller than the existing footprint. The overall structure is proposed to increase with the addition of a covered front porch and an expanded rear deck. The Board finds this criterion met. (d) An erosion control plan for construction is submitted by a licensed engineer detailing controls that will be put in place during construction or expansion to protect the associated surface water. The submitted plans provide for a silt fence at the downstream limits of construction, inlet protection at existing catch basins, a stabilized soil stockpile area and a construction entrance. The Board finds this criterion met. (e) A landscaping plan showing plans to preserve, maintain and supplement existing trees and ground cover vegetation is submitted and the DRB finds that the overall plan will provide a visual and vegetative buffer for the lake andlor stream. The Board finds that the landscaping plan shows the existing trees to be preserved. Additional landscaping is also provided. Additional comments regarding landscaping are provided above under 12.01A (2) General Standards. CONDITIONAL USE REVIEW Pursuant to Section 12.01C(4) of the South Burlington Land Development Regulations (New Uses and Encroachments within Stream Buffers), the proposed use shall be reviewed as a conditional use and shall meet the following standards of Section 14.10(E): #CU-18-03 14.10E General Review Standards The Development Review Board shall review the proposed conditional use for compliance with all applicable standards as contained in these 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. This project will have no adverse effect upon community facilities. The Board finds this criterion met. (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. The proposed project is consistent with the stated purpose of the Queen City Park (QCP) district, which is in part "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." The Board finds this criterion met. (3) Traffic on roads and highways in the vicinity. This project will have no adverse effect on traffic on roads and highways in the vicinity. The Board finds this criterion met. (4) Bylaws and ordinances then in effect. The Board finds this criterion met. See above for a discussion of compliance with general surface water protection standards. (5) Utilization of renewable energy resources. This project will not affect renewable energy resources. The Board finds this criterion met. DECISION Motion by Frank Kochman, seconded by Matt Cota, to approve conditional use application #CU-18-03 of Anthony Settel and Erica Gibson, subject to the following conditions: 1. All previous approvals and stipulations shall remain in full effect except as amended herein. 2. This project must 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 must 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. 12 #CU-18-03 4. Any change to the approved plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. 5. The placing or storing of cut or cleared trees and other vegetation within the stream buffer is prohibited. Mark Behr Yea Nay Abstain Not Present Matt Cota Yea Nay Abstain Not Present Frank Kochman Yea Nay Abstain Not Present Bill Miller Yea Nay Abstain Not Present Jennifer Smith Yea Nay Abstain Not Present Brian Sullivan Yea Nay Abstain Not Present John Wilking Yea Nay Abstain Not Present Motion carried by a vote of 4 — 0 — 1 Signed this 18 day of April, 2018, by Bill Miller, Chair 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. S(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 802.477.2241 to speak with the regional Permit Specialist. —W