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HomeMy WebLinkAboutCU-04-07 - Decision - 0099 Central AvenueCITY OF SOUTH BURLINGTON DEPARTMENT of PLANNING AND ZONING GRIFFIN — 99 CENTRAL AVENUE CONDITIONAL USE APPLICATION #CU-04-07 FINDINGS of FACT AND DECISION Robert and Susan Griffin, hereafter referred to as the applicants, are requesting conditional use approval under Section 14.10, Conditional Use Review, of the South Burlington Land Development Regulations. Request is for permission to: 1) expand the footprint of the existing single family dwelling by 540 sq ft, 2) increase the height of the structure to 26.5 ft, 3) replace concrete staircase to lake with wood staircase, and 4) remove trees and other vegetation between the dwelling and the lake, 99 Central Avenue. The subject property is located in the Queen City Park Zoning District. The South Burlington Development Review Board held a public hearing on August 17, 2004. Robert Griffin was present at the meeting. Based on testimony provided at the above mentioned public hearing and 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. The applicants are requesting conditional use approval under Section 14.10, Conditional Use Review, or the South Burlington Land Development Regulations. Request is for permission to: 1) expand the footprint of the existing single family dwelling by 540 sq ft, 2) increase the height of the structure to 26.5 ft, 3) replace concrete staircase to lake with wood staircase, and 4) remove trees and other vegetation between the dwelling and the lake, 99 Central Avenue. 2. The owners of record are Robert and Susan Griffin. 3. The property is located in the Queen City Park Zoning District. 4. The plans consist of four (4) sheets, sheet one (1) of which is entitled "Existing Conditions Site Plan — 99 Central Avenue — South Burlington, Vermont", prepared by Civil Engineering Associates, Inc., dated June 2004. C Robert and Susan Griffin, hereafter referred to as the applicants, are requesting conditional use approval under Section 14.10, Conditional Use Review, of the South Burlington Land Development Regulations. Request is for permission to: 1) expand the footprint of the existing single family dwelling by 540 sq ft, 2) increase the height of the structure to 26.5 ft., 3) replace concrete staircase to lake with wood staircase, and 4) remove trees and other vegetation between the dwelling and the lake, 99 Central Avenue. The subject property is located in the Queen City Park Zoning District. In addition, the subject property falls within 150' of the high water elevation of Lake Champlain, so the proposed project shall comply with the Surface Water Buffer Standards outlined in Section 12.01(C) of the Land Development Regulations. 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 proposed addition to the existing single-family dwelling is in keeping with the planned character of the area as identified in 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 to encourage residential uses at densities and setbacks that are compatible with the existing character of the QCP neighborhood. It is designed to promote smaller lots, and reduced setbacks. The proposed addition to the existing single-family dwelling is keeping in with the purpose of the QCP Zoning 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 proposed structure will not adversely affect municipal services. (b) The essential character of the neighborhood or district in which the property is located, nor ability to develop adjacent property for appropriate uses. The proposed structure is in keeping with the character of surrounding properties and will not adversely affect the character of the area or the ability to develop adjacent properties. (c) Traffic on roads and highways in the vicinity. The proposed structure will not affect traffic in the vicinity. (d) Bylaws in effect. The proposed structure is in keeping with applicable regulations. (e) Utilization of renewable energy resources. The proposed structure will not affect renewable energy resources. (t) General public health and welfare. The proposed structure will not have an adverse affect on general public welfare. Pursuant to Section 3.13(F) of the Land Development Regulations, the proposed conditional use shall meet the following standards: The Development Review Board, in granting conditional use approval, may impose conditions of the following: 1. Size and construction of structures, quantities of materials, storage locations, handling of materials, and hours of operations. It is not necessary to impose any of these conditions to the proposed project. 2. Warning systems, fire controls, and other safeguards. It is not necessary to impose any of these conditions to the proposed project. 3. Provision for continuous monitoring and reporting. It is not necessary to impose any of these conditions to the proposed project. 4. Other restrictions as may be necessary to protect public health and safety. It is not necessary to impose any of these conditions to the proposed project. Pursuant to Section 4.08(F) of the Land Development Regulations, the proposed conditional use shall meet the following standards: The applicant is proposing to increase the height of the existing dwelling unit to 26.5' above average pre -construction grade. The standard allowable height in the QCP Zoning District is 25', thus the applicant is seeking approval for an additional 1.5' above average pre -construction grade. The maximum height of a structure may be increased to thirty-five (35) feet if approved by the Development Review Board subject to the provisions of Article 14, Conditional Use Review. In addition, the Development Review Board shall determine that the proposed increase in height will not affect adversely: (a) Views of adjoining and/or nearby properties; The subject property is located on the Lake Champlain side of Central Avenue, which is a visually sensitive area in the Queen City Park area. However, the property directly across the street from the subject property is currently vacant, so direct views to the Lake will not be impacted. It does not appear that the property directly across the street can be developed, due to development constraints, such as grade and water. The only view that the additional height may impact would be the dwelling units to the southeast of the subject property. However, it is staff s opinion that these views will not be significantly impacted by the additional 1.5' in height the applicant is requesting. (b) Access to sunlight of adjoining and/or nearby properties; and The additional 1.5' to the height of the building will not interfere with the access of sunlight to adjoining or nearby properties. (c) Adequate on -site parking. The additional 1.5' to the height of the building will not impact on -site parking for the site. Pursuant to Section 12.01(D) of the Land Development Regulations, the proposed conditional use shall meet the following standards: (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 single-family dwelling on the subject property was in existence prior to April 24, 2000. (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 proposed addition will not extend any closer to the applicable high water elevation than the closest point of the existing structure. The closest point of the existing structure is 82' from the high water elevation, and the closest point of the proposed addition is 85' from the high water elevation. (c) The total building footprint area of the expanded or reconstructed structure shall not be more than fifty percent (50%) 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 and/or foundation and constructing a new structure in accordance with the provisions of the underlying zoning district regulations and this section. The existing structure is 1,385 square feet. The proposed addition is 540 square feet, which is 39% of the existing structure. (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 plans and an erosion control details were submitted by the applicant. These plans and details were prepared by Civil Engineering Associates, and are on sheets C2 and C3 of the plans. (e) A landscaping plan showing plans to preserve, maintain, and supplement existing trees and ground cover vegetation is submitted and the DRIB finds that the overall plan will provide a visual and vegetative buffer for the lake and/or stream. Landscaping is a major issue with the proposed project. The applicant is proposing to remove existing vegetation on the property, within 150' of the high water elevation of Lake Champlain. The applicant submitted a letter to the Development Review Board that explains the proposed project and provides an explanation to the proposed landscaping plan. The landscaping plan, prepared by Michael Lawrence Associates, indicates the location, species, and number of trees to be removes as a part if the proposed project. Additional plans prepared by the applicant show the "before" and "after' effect of the proposed tree removal. Some of the reasons cited for tree removal are suppression, disease, death, and risk of disturbance during the construction of the proposed addition. The removal of some vegetation is justified on the subject property. DECISION Motion by Gayle Quimby, seconded by Chuck Bolton, to approve Conditional Use Application #CU-04-07 of Robert & Susan Griffin, subject to the following conditions: 1. All previous approvals and stipulations shall remain in full effect, except as mandated herein. 2. This project shall be completed as shown on the plans submitted by the applicant, as amended by this decision, and on file in the South Burlington Department of Planning and Zoning. 3. Pursuant to Section 17.04(B) of the South Burlington Land Development Regulations, the applicant shall obtain a zoning permit within six (6) months of this decision. Chuck Bolton — taa/nay/abstain/not present Mark Boucher - yea/nay/abstain/not present John Dinklage - yea/nay/abstain/not present Roger Farley - ya/nay/abstain/not present Michele Kupersmith - ya/nay/abstain/not present Larry Kupferman - yga/nay/abstain/not present Gayle Quimby - ya/nay/abstain/not present Motion carried by a vote of 5-0-0. Signed this v20 day of August, 2004, by Gaylebluimby, Clerk Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to challenge this decision at some future time may be lost because you waited too long. You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy; finality).