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Home My WebLink AboutCU-03-12 - Decision - 0108 Central AvenueI CITY of SOUTH BURLINGTON DEPARTMENT of PLANNING & ZONING Sharon Behar, 108 Central Avenue Application #CU-03-12 FINDINGS of FACT, CONCLUSIONS & DECISION Shaon Behar, hereinafter referred to as the applicant, is requesting conditional use approval for demolition of an existing single-family home with a footprint of 861 square feet and construction of a new single-family home on a slightly expanded footprint of 1,014 square feet. The South Burlington Development Review Board (DRB) held a public hearing on the application on June �7th, 2003. Based on testimony given at the above -mentioned public hearing and on the plans and supporting materials contained in the document file for this application, the DRB finds, concludes and decides as follows: FINDINGS of FACT 1. The applicant has requested conditional use approval for demolition of an existing single-family home with a footprint of 861 square feet and construction of a new single-family home on a slightly expanded footprint of 1,014 square feet. 2. The applicant has submitted numerous elevations and plans including a plan entitled ""Kosnitsky Residence Erosion Control Plan, 108 Central Avenue, South Burlington," prepared by Engineering Ventures, Inc. and dated March 2003. 3. The subject property contains 4,356 SF and is zoned QCP-Queen City Park. The parcel lies within the too -foot stream buffer setback from the center line of Potash Brook. The property has one off-street parking space on the same lot and one on an adjacent lot through an agreement with the adjacent property owner. CONCLUSIONS This application involves multiple sets of criteria under Article 14 (Conditional Use), Section 4.08 (Queen City Park), and Article 12 (Surface Water Protection Standards). The DRB must find that the application meets the criteria in §14.1o(G), §4.o8(E), and §4.o8(G). Zoning District & Dimensional Requirements (a) Use and dimensional requirements. The proposed use is a complying permitted use within the QCP district. Side and rear yard setbacks are met. The existing front yard setback of 6' is smaller than the 10' required, but as the proposed new house will maintain the 6' setback, the house is therefore complying. (b) Coverage: Abuilding coverage allowance has been requested. See §4.o8(G) below. Total site coverage is proposed to be 27.5% and is complying. CITY of SOUTH BURLINGTON DEPARTMENT of PLANNING & ZONING Sharon Behar, 1o8 Central Avenue Application *CU-03-12 FINDINGS of FACT, CONCLUSIONS & DECISION (c) Parking. Off-street parking requirements of two spaces per single-family residence are met by the one space on the subject property, and the second provided on the adjacent property through an agreement with the adjacent property owner. §14.1o(G) Conditional Use: General Standards All conditional use applications in South Burlington must meet the following standards: (i) The proposed use, in its location and operation, shall be consistent with the planned character of the area as defined by the Comprehensive Plan, and (2) The proposed use shall conform to the stated purpose of the district in which the proposed use is to be located. Single-family residential, including rebuilds, are clearly anticipated as the planned principal use in the Queen City Park district. This is reflected in the purpose statement for the district, which states in part that the QCP district "...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." Provisions for expanded footprints, allowances for pre-existing lots near Potash Brook and Lake Champlain, and heights greater than 25' are clearly anticipated in the Regulations in furtherance of the Comprehensive Plan policies for this area. (3) The proposed use shall not adversely affect: a. The capacity of existing planned municipal or educational facilities; replacing a single-family house with a new one will not have any adverse effects b. The essential character of the neighborhood in which it is located or the ability to develop adjacent properties for appropriate uses; the proposed use and its design are consistent with the existing and planned character of this area c. Traffic on roads and highways in the vicinity; no impact d. Bylaws in effect; the proposal does not violate any provision of the bylaws e. Utilization of renewable energy resources; no impact f. General public health and welfare; no impact §4.o8(E) Dimensional Requirements: Height: Structures up to 35' in height in the QCP district are allowed with conditional use approval. The proposed house will be 35' tall and is on the east side of Central Avenue. It would not obstruct any view of the Lake or Potash Brook from any adjacent structure. To approve the height, the DRB must find that the proposed house will not affect adversely: 2 CITY of SOUTH BURLINGTON DEPARTMENT of PLANNING & ZONING Sharon Behar, io8 Central Avenue Application #CU-03-12 FINDINGS of FACT, CONCLUSIONS & DECISION (a) views of adjoining and/or nearby properties; no impact anticipated (b) access to sunlight of adjoining and/or nearby properties; no impact anticipated, and a statement from the closest adjoining homeowner has been submitted stating that she does not anticipate any problems with the proposed house (c) adequate on -site parking; the proposed rebuilt house will not have any impact on the site's parking areas. §4.o8(G), Non -complying structures. This section covers the front yard setback and building coverage aspects of the application. This section allows alteration, reconstruction, and expansion of non -complying structures, including increases in footprint above the district limits, provided the application meets the general conditional use standards in Article 14 and the three criteria already discussed above for height. Setbacks: The existing house footprint is non -complying with respect to the required 10' front yard setback. The proposed 6' setback is the same as the existing situation, so that no further non -conformity is created. Building coverage: The applicant has requested conditional use approval under this section to allow an increase in building coverage from 19% to 23%, which would exceed the 2o% allowed in the QCP district. The site is already non -complying with respect to the front yard setback and would become non -conforming with respect to building coverage as well. This increase in non-compliance with dimensional criteria, including expanded footprints, is specifically anticipated in §4.o8(G)(2) due to the historic development patterns in Queen City Park. Section 12.oi(D) Pre -Existing Structures along Lake Champlain and within Queen City Park The last set of applicable review criteria are in §12.o1(D), within the Surface Water Protection Standards. The entire existing structure and in fact all but about 6 feet of the lot itself are located within too linear feet of the center line of Potash Brook. Section 12.o1(D)(2) provides for expansion and reconstruction of pre-existing structures. "Reconstruction" in this section specifically includes "...razing the existing structure and/or foundation and constructing a new structure in accordance with the provisions of the underlying zoning district" (see §12.o1(D)(2)(c)). This application is eligible for conditional use approval provided it meets the following criteria: (a) The structure to be expanded or reconstructed was originally constructed on or before April 24, 2000. The house existed well before this date. CITY of SOUTH BURLINGTON DEPARTMENT of PLANNING & ZONING Sharon Behar, 108 Central Avenue Application #CU-03-12 FINDINGS of FACT, CONCLUSIONS & DECISION (b) The expanded or reconstructed structure does not extend any closer, measured in terms of horizontal distance, to the applicable high water line or stream centerline than the closest point of the existing structure. This criterion is met; the expanded footprint will be to the north of the existing structure's footprint in the side yard, and no construction will be any closer to Potash Brook. (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. The proposed increase in footprint is 251 square feet or an 18% increase. This criterion is 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. A stamped erosion control plan has been submitted by Engineering Ventures for the property. The erosion control plan includes silt fencing at the edge of the graded area where the house is located, mulching, and seeding to protect Potash Brook, which is at the base of a steep slope extending back from the existing and proposed house footprint. The DRB finds the erosion control plan is sufficient to meet this criterion. (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 buffer for the lake and/or stream. A landscaping plan has been submitted. The mixed hardwood area of roughly 60 linear feet between the Brook and the graded area of the house is to remain undisturbed. This is the main protection for the Brook, and will remain as it is today. Landscaping in the front and side yards of the house indicates that several existing trees in poor condition will be removed during construction. These are shown as being replaced with trees chosen by the City Arborist. As this area is not as critical to protection of the stream, replacement of these trees with species approved by the City Arborist is appropriate. The DRB finds that this criterion is met. DECISION and CONDITIONS MOTION duly made and seconded to approve application #CU-03-12, subject to the following conditions: All previous approvals and stipulations that are not superseded by this approval shall remain in effect. E CITY of SOUTH BURLINGTON DEPARTMENT of PLANNING & ZONING Sharon Behar, 1o8 Central Avenue Application #CU-03-12 FINDINGS of FACT, CONCLUSIONS & DECISION 2. The applicant shall ensure that the erosion control plans are in effect throughout construction. 3. A revised site plan showing tree species chosen by the City Arborist shall be submitted to the Department of Planning and Zoning when such species are selected, and prior to the grant of a zoning permit. 4. Any change to the approved plan shall require approval by the Development Review Board. 5. A zoning permit shall be obtained within six months of the date of this decision, or the approval shall be null and void. MOTION CARRIED by a vote of 5-0-0. Signed this day of �- , 2003, by John Dinklage, Chairman South Burlington Development Review Board