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HomeMy WebLinkAboutCU-14-02 - Decision - 0088 Central AvenueCITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING HILLVIEW DESIGN COLLABORATIVE, LLP — 3 CEDAR COURT/88 CENTRAL AVENUE CONDITIONAL USE APPLICATION #CU-14-02 FINDINGS OF FACT AND DECISION Conditional use application #CU-14-02 of Hillview Design Collaborative, LLP to: 1) demolish the single family dwelling at 3 Cedar Court, 2) construct a 1,201 sq. ft. addition to the existing 1,700 sq. ft. single family dwelling at 88 Central Avenue, 3) create a 431 sq. ft. accessory residential unit in the expanded home, and 4) merge the two (2) lots at 88 Central Avenue & 3 Cedar Court. The Development Review Board held public hearing on April 15, 2014. The applicant was represented by Stacy Jolles & Nina Beck. 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. Conditional use application #CU-14-02 of Hillview Design Collaborative, LLP to: 1) demolish the single family dwelling at 3 Cedar Court, 2) construct a 1,201 sq. ft. addition to the existing 1,700 sq. ft. single family dwelling at 88 Central Avenue, 3) create a 431 sq. ft. accessory residential unit in the expanded home, and 4) merge the two (2) lots at 88 Central Avenue & 3 Cedar Court. 2. The application was received on January 31, 2014. I The subject property is located in the Queen City Park zoning district. 4. The applicant submitted an eight -page set of plans; the cover sheet is entitled, "Building Location Display 88 Central Avenue Queen City Park City of South Burlington, Vermont", prepared by Button Professional Land Surveyors, PC, and dated 3/21/14. 5. This application includes two existing homes on two adjoining but individual lots. The project involves removing one existing home, expanding the remaining home, and creating a one - bedroom accessory residential unit within that expanded home. The two lots will be merged. Total building coverage decreases from 1501 sq ft to 1477 sq ft, and total lot coverage decreases from 1968 sq ft to 1930 sq ft. 6. Being a corner lot, the combined property has two front yards and two side yards. The existing home to remain at 88 Central Avenue has a front yard setback of less than five feet, but is not changing in any way and will remain 'as is'. The side yard setback on the southerly side is at least five feet (except for existing steps) and thus conforms. The side yard setback on the easterly side is at least 8 feet deep, and thus conforms. The front yard setback along Cedar Court is the only one that requires a waiver, as the LDRs require a ten foot setback here. The existing home to remain sits as close as 5.1 feet to the property line, although removing the steps that are less than two feet from the line will improve upon existing conditions. The other home to be removed sits as close as 5.3 feet from the property line, although the front wall of l CITY OF SOUTH BURLINGTON 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING CU-14-02 the expansion will be longer, and will be 5.2 feet from the line (and another set of steps sitting less than one foot from the boundary will be removed). The Board is authorized to grant a waiver to within 5 feet of the front property line, and finds it acceptable to do so, as overall nonconformance is decreased. 7. This project is subject to review under the LDRs covering the Queen City Park zoning district (which itself also requires review under Section 3.11, nonconformities), Section 3.10 accessory residential units, Section 3.06(J), setback waiver, Section 13, parking, and Section 14.10 conditional uses. Zoning District & Dimensional Requirements: QCP Zoning District Required Existing Proposed 4 Min. Lot Size 7500 S.F. 2858 sq. ft.(2 lots) 2858 sq. ft.(1 lot) -*Max. Building Coverage 40% 53% 52% -*Max. Overall Coverage 60% 69% 67% Min. Front Setback - addition* 10 ft. 5.3 ft. 5.2 ft. Min. Side Setback - addition** 5 ft. 1.1 ft. and 1.5 ft. 5.8 ft. and 8.0 ft. Min. Rear Setback 10 ft. N/A N/A. Max. Building Height 25 ft. 22 ft. 22 ft. � Zoning compliance 4 A slight improvement is being made in building coverage and total coverage. Total lot size remains the same, but as a combined lot, which brings the new lot closer to conformity. * Front setbacks of existing house of 4.4 feet and 5.1 feet are not changing; house being removed is set back 5.3 feet today, and the replacement addition would be set back at least 5.2 feet. A waiver is required. ** The 5.6 foot side yard setback for the existing house conforms and remains. Side yard setbacks for the replacement addition are 5.8 feet and 8.0 feet, and thus conform, where the existing home to be removed does not. 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: (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. (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 CITY OF SOUTH BURLINGTON 3 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING CU-14-02 Review. See project description above and conditional use criteria below. This is a unique case where as will be seen, the Board finds it appropriate to approve this project as a conditional use. (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 building addition will essentially replace an existing single family dwelling which is located in the same vicinity as the addition. The Board finds this criterion satisfied, as the before and after impact on views will be similar or not worse than that which exists today. (b) Access to sunlight of adjoining and/or nearby properties; and The building addition will essentially replace a single family dwelling which is located in the same vicinity as the addition. The Board finds this criterion satisfied, as the before and after access to sunlight will be similar or not worse than that which exists today. (c) Adequate on -site parking. The two (2) properties currently have a total of two (2) parking spaces and will have the same two (2) spaces after development, therefore no new adverse effect is created. Further, the occupants of the home to be removed have used the common parking area in this neighborhood for many years. The President of the governing Prudential Committee for Queen City Park submitted a letter granting permission for continued use of these common parking spaces. Based on this information, past/current practice, and permission for future use, the Board finds this criterion satisfied. 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 +/-, and this is not a multi family dwelling. The Board finds these criteria satisfied. 3.10 E. Accessory Residential Units. One (1) accessory residential unit constructed within or attached to a primary single-family dwelling or within an existing, permitted accessory structure shall be a permitted single family use, in accordance with the following criteria: (1) 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 application, there is 2900 sq. ft. of total habitable area, and the accessory residential unit will be 427 sq. ft., or 15% of the total habitable area. This is well under the 30% limit. (2) The principal dwelling shall be owner -occupied. CITY OF SOUTH BURLINGTON 4 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING CU-14-02 Applicants testified that the principal dwelling will be owner -occupied. (3) The accessory dwelling unit shall be an efficiency or one -bedroom unit. The proposed accessory residential unit has only one bedroom. (4) Adequate wastewater capacity is available to service the accessory unit, as demonstrated by issuance of a Wastewater Allocation or on -site wastewater permit pursuant to the South Burlington Ordinance Regulating the use of Public and Private Sanitary Sewerage and Storm water Systems. Municipal wastewater disposal has already been provided to the two existing single family homes. There is no net change in the number of dwelling units or bedrooms (currently there are two 2- bedroom homes; as proposed there will be a 3-bedroom home and a 1-bedroom accessory residential unit). (5) Two (2) additional off-street parking spaces shall be provided on the same lot, either in a garage or in a driveway, and not in any areas required to meet coverage limitations, or any front yard area other than a driveway, required by these Regulations. Already covered above. The Board finds these criteria satisfied. D. Off -Site Parking. (1) Required parking and loading spaces shall normally be provided upon the same lot as the use or structure to which they are accessory. However, there may be occasions where off -site parking is beneficial, whether off -site parking is combined with parking requirements for other uses or parcels, or just for one particular use. Parking could be provided off -site in combination with parking for other uses that are the same (e.g. several retail establishments could combine parking) or that are different. If the uses are the same, the parking requirement shall be determined by adding the parking space needs as per Tables 13-1 through 13-6. If the uses are different, a shared parking calculation shall be undertaken as per Section 13.01(E). Already covered above. (6) 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 restriction is proposed. A zoning permit shall be required for each accessory residential unit. Required by the LDRs and included as a condition of approval below. The Board finds these criteria satisfied. 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) presently existing on the site. CONDITIONAL USE CRITERIA Pursuant to Section 14.10(E) of the Land Development Regulations the proposed conditional use CITY OF SOUTH BURLINGTON 5 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING CU-14-02 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 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. Today there are two separate homes; as proposed there will be one principal home and one accessory residential unit within one structure. 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. Transforming two single family homes into one single family home with an accessory residential unit will have no effect upon 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. High density residential is consistent with the planned character of the area, as defined by the Comprehensive Plan. Density is not increased. (c) Traffic on roads and highways in the vicinity. Transforming two single family homes into one single family home with an accessory residential unit will have no effect upon traffic in the vicinity. Density is not increased. (d) Bylaws in effect. Except where the DRB has discretionary authority noted above, the property complies with the bylaws in effect, or is existing nonconforming. (e) Utilization of renewable energy resources. Addressed above. The Board finds these conditional use criteria satisfied. SETBACK WAIVER CITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD a Section 3.06 (J) (1), (3) & (4) of the SBLDR states that: DEPARTMENT OF PLANNING & ZONING CU-14-02 (1) Side and Rear Setbacks. A structure may encroach into the required side or rear setback up to a distance equal to 50% of the side or rear setback requirement of the district, but in no event shall a structure have a side setback of less than five (5) feet. The new addition meets the side yard setback requirement; and being a corner lot, there is no rear yard. (3) Additional Encroachment Subject to DRB Approval. Encroachment of a structure into a required setback beyond the limitations set forth in (1) and (2) above may be approved by the Development Review Board subject to the provisions of Article 14, Conditional Uses, but in no event shall a structure be less than three (3) feet from a side or rear property line or less than five (5) feet from a front property line. In addition, the Development Review Board shall determine that the proposed encroachment will not have an undue adverse affect on: (a) views of adjoining and/or nearby properties, (b) access to sunlight of adjoining and/or nearby properties, (c) adequate on -site parking; and (d) safety of adjoining and/or nearby property. The front yard setback for the proposed addition does not meet the normal ten (10) foot setback requirement, but does meet the minimum five (5) foot requirement of this section. The front wall of the addition, while longer than that of the house to be removed, is consistent in location with that existing front wall, and with the front wall of the main house to be retained. Parking has been addressed; views and solar access are noted above; and there is no evidence that this application poses a safety problem. (4) Processing of a Request. Any request under subsections (1) - (3) above to expand an existing structure, or place a new structure, to within less than ten (10) feet of any property line shall include the submission of survey data prepared by a licensed surveyor showing the location of affected property lines, existing and/or proposed structures, and any other information deemed necessary by the Administrative Officer. A survey prepared by Button Professional Land Surveyors, PC, dated 3/19/2014 and stamped by a Vermont -registered land surveyor, has been submitted in order to clarify the issues described above, and to satisfy this requirement. The Board finds these criteria satisfied. LOT MERGER Although not technically an issue to which any regulatory standards apply under the LDRs, the applicant is hereby advised to consult with competent legal counsel regarding any legal documents (amended deeds, lot merger agreement, etc) that must still be created and recorded in the land records in order to effectuate the actual merger of these two separate lots. Proof of recording of any such required documents shall be provided to the Administrative Officer before a zoning permit may be issued. CITY OF SOUTH BURLINGTON 7 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING CU-14-02 DECISION Motion by Bill Miller, seconded by David Parsons to approve conditional use application #CU-14-02 of Hillview Design Collaborative, LLP, subject to the following stipulations: 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 applicant shall obtain final wastewater allocation if needed from the City before any zoning permit may be issued for the project. S. The applicant shall prepare a Lot Merger Agreement document which shall be approved by the City Attorney. This document shall be recorded in the land records after the house at 3 Cedar Court has been completely demolished but prior to the issuance of a zoning permit for the addition to the house at 88 Central Avenue. 6. The Board approves the two (2) required spaces for the accessory residential unit to be located at the common parking area. 7. 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. 8. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. Tim Barritt— yea nay abstain not present Mark Behr — yea nay abstain not present Art Klugo — 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 Motion carried by a vote of 4 — 0 —1 Signed this.da of ` " 2014, by Tim Barritt, Ch8i 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 CITY OF SOUTH BURLINGTON 8 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING CU-14-02 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.