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HomeMy WebLinkAboutCU-17-01 - Decision - 0095 Central Avenue#CU-17-01 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING STEVEN AND EILEEN ROSEN-95 CENTRAL AVE. CONDITIONAL USE APPLICATION #CU-17-01 FINDINGS OF FACT AND DECISION Conditional use application #CU-17-01 of Steven & Eileen Rosen to: 1) expand the footprint of an existing single family dwelling from 1,460 sq. ft. to 1,550 sq. ft., 2) add a front entry porch, 3) extend deck, and 4) reconstruct stairs to lake, 95 Central Avenue. The Development Review Board held a public hearing on March 7, 2017. The applicants were represented by Lauren Davis & Chris Brown. 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, Steven and Eileen Rosen, seek a conditional use permit to: 1) expand the footprint of an existing single family dwelling from 1,460 sq. ft. to 1,700 sq. ft., 2) add a front entry porch, 3) extend deck, and 4) reconstruct stairs to lake, 95 Central Avenue. 2. The owners of record of the subject property are Steven and Eileen Rosen. 3. The subject property is located in the Queen City Park Zoning District and the Surface Water Protection Overlay District. 4. The application was received on February 7, 2017. 5. The plans submitted consist of an eight (8) page set of plans with page one (1) entitled, "Site Plan", prepared by Brown & Davis Design, and dated 2/3/2017. A. Section 12.01(D) Pre -Existing Structures along Lake Champlain and within Queen City Park Section 12.01(D) of the Land Development Regulations includes all lands within one hundred fifty feet horizontal distance of the high water elevation of Lake Champlain. The expansion and reconstruction of pre-existing structures on these lands may be approved by the DRB as a conditional use provided the requirements of the underlying zoning district and the following standards are met (Section 12.01(D)(2)): a) The structure to be expanded or reconstructed was originally constructed on or before April 24,2000. The Board finds this criteria to be met. #CU-17-01 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. The applicant proposes to replace and enlarge the existing deck and add new wood steps; however, the deck and steps will not extend closer to the applicable high water elevation than the existing deck. The Board finds this criteria to be met. c) The total building footprint area of the expanded or reconstructed structure shall not be more than fifty percent larger than the footprint of the structure lawfully existing on April 24,2000. The current structure has a footprint of 1,460 sq. ft. Additional deck space and an expansion of the house will increase the footprint to 1,700 sq. ft., which is 16.4% greater than the footprint of the existing structure. The Board finds this criteria to be 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. An erosion control plan prepared by an engineering firm has been submitted. The Board finds this criteria to be 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 bufferfor the lake andlor stream. The landscaping plan submitted by the applicant shows additional plantings, including what is described as a rain garden on the west side (closest to Lake Champlain). The Board considers this criterion met. Section 12.01(D)(3) allows for water -oriented development to be approved by the Board if the improvement involves natural materials, does not increase the potential for erosion, does not have an adverse impact on the aesthetic integrity of the lakeshore, and the plans include landscaping designed to preserve, maintain and supplement existing landscaping. The applicant is proposing to replace the existing steps which lead to the lakeshore with another set of wood steps. This is a matter of maintenance and the proposed steps will occupy the same number of square feet (210 sq. ft.) as the existing steps. The Board finds these criteria to be met. B. Section 14.10 Conditional Use Review The proposed project must meet the standards for a conditional use included in Section 14.10(E). (1) The capacity of existing or planned community facilities. This project will have no adverse effect upon community facilities. The Board finds this criterion to be met. (2) The character of the area affected, as defined by the purpose or purposes of the zoning district #CU-17-01 within which the project is located, and specifically stated policies and standards of the municipal plan. The Queen City Park Zoning District encourages residential use at densities and setbacks that are compatible with the existing character of the Queen City Park neighborhood. The Board finds that the proposed project will not impact that goal. (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 to be met. (4) Bylaws and ordinances then in effect As noted above the Board finds that this projects conforms to Section 12.01(D). The Board finds this criterion to be met. (5) Utilization of renewable energy resources. This project will not affect renewable energy resources. The Board finds this criterion to be met. DECISION Motion by Matt Cota, seconded by David Parsons, to approve conditional use application #CU-17-01 of Steven & Eileen Rosen, subject to the following conditions: 1. All previous approvals and stipulations which are not changed by this decision, will remain in full effect. 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. 4. Any change to the approved plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. 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 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 7— 0 — 0. #CU-17-01 Signed this 17 day of March — 2017, 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 VRE.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 VRE.C.P. 5(b) (4)(A). Please contact the Environmental Division at 802-828-1660 or http://vermontjudiciary.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. F11