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HomeMy WebLinkAboutCU-04-05 - Decision - 0110 Central AvenueCITY of SOUTH B URLINGTON DEPARTMENT of PLANNING & ZONING MIKE TURNER AND MAR JO REALE CONDITIONAL USEAPPLICATION#CU-04-05 FINDINGS of FACT AND DECISION Mike Turner and Mary Jo Reale, hereafter referred to as the applicants, are requesting conditional use approval for a 240 square foot expansion of a single-family dwelling by enclosing a deck, 110 Central Avenue. The South Burlington Development Review Board held a public hearing on May 18, 2004. The applicants were present. 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 240sq ft, 110 Central Avenue. The subject property is located in the Queen City Park Zoning District. In addition, the subject property falls within the Surface Water Buffer for Potash Brook. 2. The owners of record are Mike Turner and Mary Jo Reale. 3. The subject property is located in the Queen City Park Zoning District. 4. The plans consist of one (1) sheet entitled "Turner/Reale Residence, Site Plan, 110 Central Avenue South Burlington, Vermont", prepared by Lawrence Atkin Architect, Inc., dated 6/9/94, last revised on 10/17/94. SURFACE WATER PROTECTIONREVIEW STANDARDS Pursuant to Section 3.11(D) of the Land Development Regulations, the proposed conditional use shall meet the following standards: 1. Except as otherwise provided in sub -sections (2) and (3) below, and in Article 4, Section 4.08, Queen City Park District, and in Article 12, Section 12.01(D), any non- complying building or structure may be altered, including additions to the building or structure, provided such alteration does not exceed in aggregate cost thirty-five percent (35%) for residential properties and twenty-five percent (25%) for industrial and commercial property of the current assessed value as determined by the City Assessor C and in compliance with Section 3.11(B) above. In the event an addition or an expansion to a building or structure is proposed, the addition or expansion itself must comply with the provisions of these regulations (e.g., setback requirements). The assessed value of the building and land at 110 Central Avenue is $364,000. The estimated cost of the proposed addition is $25,000. Therefore, the proposed project meets this requirement. 2. The thirty-five percent (35%) limitation for residential properties described above shall not apply to structures on lots that were in existence prior to February 28, 1974. The structure on the subject lot was not in existence prior to February 28, 1974. QUEEN CITY PARK REVIEW STANDARDS Pursuant to Section 4.08(D) of the Land Development Regulations, the proposed conditional use shall meet the following standards: 1. The maximum height for all structures shall be no more than twenty-five (25) feet above the average pre -construction grade adjoining such structure. See Article 3, Section 3.07(B) for definition of pre -construction grade. The proposed addition is 25' feet above the average pre -construction grade. 2. 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: This criterion is not applicable to the proposed project. (a) Views of adjoining and/or nearby properties; This criterion is not applicable to the proposed project. (b) Access to sunlight of adjoining and/or nearby properties; and This criterion is not applicable to the proposed project. (c) Adequate on -site parking. This criterion is not applicable to the proposed project. oil 3. Rooftop apparatus, such as solar collectors, television antennas, and air conditioning equipment shall be included in the height measurement. Chimneys for residential structures shall be exempt from the height limitations. This has been acknowledged in the height calculations for the proposed project. 4. Television antennas and steeples for places of worship that are taller than normal height limitations may be approved by the Development Review Board subject to the provisions of Article 14, Conditional Use Review. This criterion is not applicable to the proposed project. 5. Any non -complying building or structure may be altered provided such work does not: (a) Exceed in aggregate cost thirty-five percent (35%) for residential properties and twenty-five percent (25%) for non-residential properties of the fair market value as determined by the City Assessor or by a separate independent appraisal approved by the Administrative Officer; or The assessed value of the building and land at 110 Central Avenue is $364,000. The estimated cost of the proposed addition is $25,000. Therefore, the proposed project does not exceed 35% of the properties fair market value. (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. The proposed project does involve an increase to the structure's height, and therefore the square footage of the building. 6. 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 provisions of Article 14, Conditional Use Review have been addressed below. 7. In addition to the provisions set forth above, the Development Review Board shall determine that the proposed alteration or expansion will not adversely affect: (a) Views of adjoining and/or nearby properties; The subject property is at the end of Central Avenue and is surrounded by a wooded area and the Potash Brook. The proposed project will not adversely affect the views of adjoining or nearby properties. Oa l (b) Access to sunlight of adjoining and/or nearby properties; and The proposed project will not adversely affect the access to sunlight by adjoining or nearby properties. (c) Adequate on -site parking. The proposed project will not alter or affect on -site parking. 8. Development, construction, and alterations within the QCP District within one hundred (100) linear feet of the center line of Potash Brook shall be subject to the requirements of the Potash Brook Overlay District. Currently, the City does not have any additional requirements for the Potash Brook Overlay District. 9. Multi family dwellings shall be subject to site plan review, as per Article 14. This criterion is not applicable to the proposed project. SITE PLAN REVIEW STANDARDS Section 14.06 of the South Burlington Land Development Regulations establishes the following general review standards for all site plan applications: (a) The site shall be planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas. The site is not being altered in a way that will jeopardize a desirable transition from structure to site or from structure to structure. The site will still provide for adequate planting, safe pedestrian movement, and adequate parking. (b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. The parking layout on the property will remain unchanged though the proposed project. (c) Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing or adjoining buildings. 4 11 The height of the proposed addition is 25', which is compatible with the existing buildings in the area. (d) Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. Any new utility lines, services, and service modifications shall be underground. (e) The DRB shall encourage the use of a combination of common materials and architectural characteristics, landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. The proposed project will not create buildings of different architectural styles. (fl Proposed structures shall be related harmoniously to themselves, the terrain, and to existing buildings and roads in the vicinity that have a visual relationship to the proposed structures. The proposed addition relates harmoniously to the terrain and the existing buildings in the area. Site plan applications shall meet the following specific standards as set forth in Section 14.07 of the South Burlington Land Development Regulations: (a) The reservation of land may be required on any lot for provision of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial of collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. It is not necessary to require any additional access to abutting properties. (b) Electric, telephone and other wire -served utility lines and service connections shall be underground. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. It is already stated that pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. (c) All dumpsters and other facilities to handle solid waste, including compliance with any recycling or other requirements, shall be 11 accessible, secure and properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s). No dumpsters exist on the subject property, nor are any dumpsters being proposed through this project. (d) Landscaping and Screening Requirements Pursuant to Table 13-9 of the Land Development Regulations, the proposed project will require a minimum of $750 of landscaping. The plans do not depict any additional landscaping. While the site is heavily landscaped, staff feels the applicant should comply with the minimum landscaping requirement. (e) Access/Circulation Access and circulation on the property will remain unchanged through the proposed project. (� Setbacks The building footprint already exists and is in compliance with the setback requirements outlined in Table C-2 of the Land Development Regulations. (g) Traffic Traffic will remain unchanged through the proposed project. (h) Lighting The proposed project is for a single-family home, which are exempt from the City's lighting standards. CONDITIONAL USE REVIEW STANDARDS 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. A 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 addition 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 addition 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 addition will not affect traffic in the vicinity. (d) Bylaws in effect. The proposed addition will not affect bylaws in the vicinity. (e) Utilization of renewable energy resources. The proposed addition will not affect renewable energy resources. ( General public health and welfare. The proposed addition will not have an adverse affect on general public welfare. Other The City Engineer reviewed the plans for the proposed project and provided comments dated April 30, 3004. 7 I DECISION Motion by Mark Boucher, seconded by Gayle Quimby, to approve Conditional Use Application #CU-04-05 of Mike Turner and Mary Jo Reale, 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 comply with the requests of the City Engineer, as outlined in his comments dated April 30, 2004 3. The applicant shall comply with the requests of the City Engineer as outlined in his comments dated April 30, 2004. 4. The height of the proposed addition shall not exceed 25' above the average pre - construction grade. 5. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground 6. The Board grants a $750 credit for existing landscaping. 7. 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. 8. 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. 0 Chuck Bolton - yea/nay/abstain/not present Mark Boucher - yea/nay/abstain/not present John Dinklage - yea/nay/abstain/not present Roger Farley - yea/nay/abstain/not present Michele Kupersmith - yea/nay/abstain/not present Larry Kupferman - yea/nay/abstain/not present Gayle Quimby - yea/nay/abstain/not present Motion Carried by a vote of 6-0-0 Signed the gday of May, 2004. Chair, Development Review Boar 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 $150.00. 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). E