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Home My WebLink AboutCU-18-08 - Decision - 0106 Central Avenue#CU-18-08 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING LARRY MICHAELS — 106 CENTRAL AVE CONDITIONAL USE APPLICATION #CU-18-08 FINDINGS OF FACT AND DECISION Conditional use application #CU-18-08 of Larry Michaels to install a covered entry and porch to the front of an existing 2-story house, 106 Central Avenue. The Development Review Board held a public hearing on June 19, 2018. The applicant represented himself. Based on the plans and materials contained in the document file for this application, the Board finds, concludes, and decides the following: FINDINGS OF FACT 1. Larry Michaels, hereinafter referred to as the applicant, is seeking conditional use approval to construct a 10' x 17' covered porch, 106 Central Ave. The owners of record of the subject property are Larry R. Michaels & Gretchen Gaida Michaels. 3. The subject property is located in the Queen City Park District. 4. The application was received on May 18, 2018. 5. The plan set submitted consists of a two (2) page set of plans, page one (1) entitled "Plan + Elevation, Larry Michaels Renovation, Queen City Park South Burlington Vermont," prepared by Don Welch Architecture and dated May 31, 2018. 6. Structures on the property currently include a single family home and a pergola. The current structures conform with the property line setback standards of the district but not with the surface water buffer standards. - 1 - I #CU-18-08 A. ZONING DISTRICT & DIMENSIONAL REQUIREMENTS: QCP Zoning District Required E� Lis Cin g L Proposed Min. Lot Size 7,500 SF 7,405 SF 7,405 SF Max. Building Coverage' 20% 11.9% 14.9% Max. Overall Coverage' 40% 19.0% 23.0% # Min. Front Setback 10 ft. 17 ft. 7 ft. Min. Side Setback 5 ft. Unknown No change Min. Rear Setback 10 ft. unknown No change Potash Brook Setback 2 100 ft. < 100 ft. No change Height (Pitched roof)' 25 ft. 26 ft. No change V Zoning Compliance @ Existing nonconformity # Encroachment requested, see discussion under 3.06J. 1. Estimated by staff. Values on application form were calculated incorrectly. 2. Potash Brook is located to the rear of the property. The proposed improvements are located outside the 100 ft. buffer. 3.06(J) EXCEPTIONS TO SETBACK AND LOT COVERAGE REQUIREMENT FOR LOTS EXISTING PRIOR TO FEBRUARY 28,1974. The following exceptions to setbacks and lot coverages shall be permittedfor lots or dwelling units that meet the following criteria: the lot or dwelling unit was in existence prior to February 28, 1974, and the existing or proposed principal use on the lot is a single-family dwelling or a two-family dwelling. (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. (2) Front Setbacks. A structure may encroach into a required front setback up to the average distance to the building line of the principal structures on adjacent lots on the same streetfrontage, but in no event shall a structure have a front setback of less than five (5) feet. (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) feetfrom 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 andlor nearby properties; (b) access to sunlight of adjoining andlor nearby properties; (c) adequate on -site parking; and (d) safety of adjoining andlor nearby property. The applicant is proposing to construct the covered porch no nearer than seven (7) feet to the front lot line. The Board finds that the impacts to nearby properties of allowing the minimum -2- #CU-18-08 front setback to be reduced from ten (10) feet to seven (7) feet do not adversely affect views, access to sunlight, or safety, nor does it adversely affect adequacy of on -site parking. Overall impacts of the proposed additions are discussed below under Section 4.08F (3). QUEEN CITY PARK DISTRICT 4.08F Nonconforming Structures in the Queen City Park District 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 (3501a) for residential properties and twenty-five percent (25016) 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 Review. The applicant is not subject to the 35% fair market value criterion since it was constructed prior to February 28, 1974 (See Section 3.111)(3)). The applicant is proposing to exceed the square footage criterion. The applicant is proposing to increase the building's square footage by 221 square feet, consisting of a covered porch. Therefore the application is subject to conditional use review. (3) The Development Review Board shall determine that the proposed alteration or expansion will not adversely affect: (a) Views of adjoining andlor nearby properties; (b) Access to sunlight of adjoining andlor nearby properties; and (c) Adequate on -site parking. This criterion addresses the overall impact of the project, while the criterion under 3.06J (3) is specific to the impacts of the portion of the project within ten feet of the front property line. The proposed addition is to add a covered porch in place of an existing pergola. The proposed porch will replace an existing pergola in the same location. The Board finds that on an overall basis, views of adjoining properties will not be affected. The Board finds on -site parking to be adequate. CONDITIONAL USE REVIEW Pursuant to Section 12.01C(4) of the South Burlington Land Development Regulations (New Uses and Encroachments within Stream Buffers), the proposed use shall be reviewed as a conditional use and shall meet the following standards of Section 14.10(E): -3- #CU-18-08 14.10E General Review Standards The Development Review Board shall review the proposed conditional use for compliance with all applicable standards as contained in these regulations. The proposed conditional use shall not result in an undue adverse effect on any of the following: (1) The capacity of existing or planned community facilities. This project will have no adverse effect upon community facilities. The Board finds this criterion met. (2) The character of the area affected, as defined by the purpose or purposes of the zoning district within which the project is located, and specifically stated policies and standards of the municipal plan. The Board finds that the proposed project is consistent with the stated purpose of the Queen City Park (QCP) district, which is in part "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 this criterion met. (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 met. (4) Bylaws and ordinances then in effect. The Board finds this criterion met. See above for a discussion of compliance with dimensional and nonconforming structure standards. (5) Utilization of renewable energy resources. This project will not affect renewable energy resources. The Board finds this criterion met. -4- I #CU-18-08 DECISION Motion by Matt Cota, seconded by John Wilking, to approve conditional use application #CU-18-08 of Larry Michaels, subject to the following conditions: 1. All previous approvals and stipulations shall remain in full effect except as amended herein. 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 Jennifer Smith Yea Nay Abstain Not Present Brian Sullivan Yea Nay Abstain Not Present John Wilking Yea Nay Abstain Not Present Motion carried by a vote of 6 — 0 — 0 Signed this 20thday of June, 2018, 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 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 802-828-1660orhttp://ver ontiudiciarV.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. -5-