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Home My WebLink AboutCU-15-05 - Decision - 0088 Central AvenueCITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING NINA BECK & STACEY JOLLES - 88 CENTRAL AVENUE CONDITIONAL USE APPLICATION #CU-15-05 FINDINGS OF FACT AND DECISION Conditional use application #CU-15-05 of Nina Beck & Stacy Jolles for after -the -fact approval to construct a 56 sq. ft. deck/stairs to a non -conforming single family dwelling structure, 88 Central Avenue. The Board held a hearing on August 18, 2015 and November 3, 2015. The applicants represented themselves. Based on testimony provided at the above mentioned public hearing, 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. Nina Beck & Stacey Jolles, hereinafter referred to as the applicants, are seeking Conditional Use after -the -fact approval to construct a 56 sq. ft. deck to a non -conforming single family dwelling structure, 88 Central Avenue. 2. The owners of record of the subject property are Antonia Stacy Jolles and Nina Beck. 3. The subject property is located in the Queen City Park Neighborhood Zoning District. 5. The plan submitted for this application consists of a one (1) page plan entitled 'Jolles/Beck Residence South Burlington". prepared by Hillview Design Collaborative, and dated August 21, 2015. Zoning District & Dimensional Reauirements: _ QCP Zoning District Required Existing Proposed t Min. Lot Size 7500 S.F. 2858 sq. ft. No change *Max. Building Coverage 40% 51.4 % (1,469 SF) No change 4 Max. Overall Coverage 60% 67.5 % (1,930 SF) No change * Min. Front Setback 10 ft. 5.2 ft. No change Min. Side Setback 5 ft. 5.8 ft. and 8.0 ft. 5.1 ft. Min. Rear Setback 10 ft. N/A. No change Max. Building Height 25 ft. 22 ft. No change � Zoning compliance t Pre-existing non -conforming * Although exceeding the maximum allowed, this is identical to coverage previously approved. While the applicant's after the fact construction of a deck and stairs increased the lot coverage, revisions submitted on August 24, 2015 reduced the coverage by converting some impervious surfaces to green space. * Waiver previously granted by Board on May 12, 2014. 4.08 QUEEN CITY PARK DISTRICT QCP 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: #CU-15-05 (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 Board finds that the proposal does increase the structure's footprint by the addition of a deck. (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. Analysis of the project's compliance with Article 14 is presented 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; The Board finds that the deck/stairs that have been constructed are substantially lower than the building it accesses. Therefore the Board finds this criteria will be met as the before and after impact on views will not adversely affect the views of adjoining and/or nearby properties; (b) Access to sunlight of adjoining and/or nearby properties; and The Board finds that the deck/stairs that have been constructed are substantially lower than the building it accesses. Therefore the Board finds that this criteria will be met as the before and after impact on sunlight will not adversely affect access to sunlight of adjoining and/or nearby properties. (c) Adequate on -site parking. The two (2) properties currently have a total of two (2) parking spaces with no changes proposed and therefore the Board finds there will be no affect on the adequacy of on -site parking. G. Additional Standards. (1) Development, construction, and alterations within the QCP District within one hundred (100) linear feet of the center line of Potash Brook shall be subject to the requirements of the Potash Brook Overlay District. (2) Multi family dwellings shall be subject to site plan review, as per Article 14, and shall be limited to a maximum of four (4) dwelling units per structure. The distance of this lot to Potash Brook is approximately 240 feet The Board finds that this is not a multi -family dwelling. Conditional Use Review by the Development Review Board pursuant to Article 14, Section 14.10 shall be required if the establishment of the accessory residential unit involves the construction of a new accessory structure, an increase in the height or floor area of the existing single-family dwelling or existing accessory structure, or an increase in the dimensions of the off-street parking areas (i.e. garages and driveway areas) 2 #CU-15-05 presently existing on the site. 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 Board finds that the deck/stairs are consistent 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 conversion of seasonal homes to year round residences. The Board finds that the deck/stairs are to provide access to the building's accessory residential unit. The Board finds that this proposed use conforms with the purposes 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 Board finds that the deck/stairs will not adversely affect the capacity of 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 Board finds that no changes affecting the planned character of the area are proposed. (c) Traffic on roads and highways in the vicinity. The Board finds that no changes affecting traffic are proposed. (d) Bylaws in effect. The Board finds that the property is in compliance with the bylaws in effect, or is existing nonconforming. The Board finds that the addition of the deck/stairs, coupled with reductions in other impervious surface, will not change overall building coverage and lot coverage. (e) Utilization of renewable energy resources. The Board finds that the deck/stairs will not affect the use of renewable energy resources. 5 #CU-15-05 DECISION Motion by Bill Miller, seconded by Jennifer Smith, to approve conditional use application #CU-15-05 of Nina Beck & Stacey Jolles, subject to the following conditions: 1. All previous approvals and stipulations shall remain in full effect except as amended herein. 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. The proposed project must adhere to standards for erosion control in Section 16.03 of the LDRs. In addition, the grading plan shall meet the standards set forth in Section 16.04 of the LDRs. With that condition, the Board finds this criterion satisfied. 5. Any change to the site plan shall require approval by the South Burlington Development Review Board. Tim Barritt Yea Nay Abstain Not Present Mark Behr Yea Nay Abstain Not Present Matt Cota 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 5 — 0 — 0 Signed this day of /IVO her Tim Barritt, Chair 2015, by 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. 0