HomeMy WebLinkAboutCU-04-01 - Decision - 0105 Central AvenueCITY of SOUTH BURLINGTON
DEPARTMENT of PLANNING & ZONING
JOHN STEPHEN AND ELIZABETH M. CAFLISCH
CONDITIONAL USE APPLICATION #CU-04-01
FINDINGS of FACT AND DECISION
John Stephen and Elizabeth Caflisch, hereby referred to as the applicant, are requesting
conditional use approval under Section 14.10, Conditional Use Review, of the South Burlington
Land Development Regulations. Request is for permission to expand the size of an existing
single family dwelling by 678 sq ft, 105 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. The South
Burlington Development Review Board held a public hearing on March 2, 2004. The
public hearing was closed and the South Burlington Development Review Board held a
deliberative session on March 16, 2004.
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 applicant is requesting Conditional Use approval for permission to expand the size of
an existing single family dwelling by 678 sq ft, 105 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.
2. The owners of record are John Stephen and Elizabeth M. Caflisch
3. The subject property is located in the Queen City Park Zoning District.
4. The plans consist of one (1) sheet entitled "Existing Conditions and Site Plan105
Central Ave. South Burlington Vermont", dated December, 2003, by Civil Engineering
Associates, Inc., one (1) sheet entitled "Erosion Control Plan Existing Conditions Site
Plan 105 Central Ave. South Burlington Vermont" dated January 2004, by Civil
Engineering Associates, Inc., one (1) sheet entitled "Erosion Control Details And Notes
Existing Conditions Site Plan 105 Central Ave. South Burlington Vermont" dated
January 2004, by Civil Engineering Associates, Inc., one (1) sheet showing the proposed
building footprint entitled "Caflisch Residence Queen City Park South Burlington,
Vermont, and one (1) sheet showing building elevations entitled "Caflisch Residence
Queen City Park South Burlington, Vermont".
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 rind 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 propertyfor 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.
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09 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 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 plan entitled "Caflisch Residence — Queen City Park —
South Burlington, Vermont" shows the proposed addition relative to the closest point of the
existing structure.
(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
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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 1,362 square feet. The proposed addition is 678 square feet, which is
less than 50% 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 plan and 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.
The plans that the applicant submitted show the existing landscaping on the subject property. One
(1) Lilac will be removed on the southern portion of the property. The applicant has stated that
an additional $1,500 worth of landscaping will be planted on the subject property. This
additional landscaping should be shown on the plans.
DECISION
Based on the above Findings of Fact, the South Burlington Development Review Board
hereby approves conditional use application #CU-04-01of John Stephen and Elizabeth
Caflisch, subject to the following conditions:
1. All previous approvals and stipulations shall remain in full effect, except as amended
herein.
2. The plans shall be revised to show the changes below and shall require approval of the
Administrative Officer. Three (3) copies of the approved revised plans shall be submitted
to the Administrative Officer prior to permit issuance.
a) The plans shall be revised to indicate the location and species of the proposed
landscaping, prior to issuance of a zoning permit. A minimum of $1,500 worth of
landscaping shall be depicted on the plans, which shall be prepared by a landscape
architect or landscape professional.
3. Other provisions of the South Burlington Land Development Regulations
notwithstanding, no further expansion of the footprint, height, or volume of the building
shall be permitted within 25 feet of the southern property boundary.
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4. 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 &
Zoning.
5. 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
Mark Boucher
T_1___ 7l___1_7_-._
Larry
Gayl uimby
Signed the 16t" day of March, 2004.
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