HomeMy WebLinkAboutSP-09-14 CU-09-02 - Decision - 0026 Country Club Drive#SP-09-14
#CU-09-02
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
JEFFREY LYON - 26 COUNTRY CLUB DRIVE
SITE PLAN APPLICATION #SP-09-14
CONDITIONAL USE APPLICATION #CU-09-02
FINDINGS OF FACT AND DECISION
Jeffrey Lyon, hereafter referred to as the applicant, is seeking site plan and conditional
use approval for a 722 sq. ft. accessory residential unit, 26 Country Club Drive.
The Development Review Board held a public hearing on March 3, 2009. Jeffrey Lyon
represented himself.
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 site plan and conditional use approval for a 722 sq. ft.
accessory residential unit, 26 Country Club Drive.
2. The application was received on February 6, 2009.
4. The owner of record of the subject property is Jeffrey Lyon
5. The subject property is located in the Residential 4 Zoning District.
6. The plan submitted consists of a hand drawn plan prepared by the applicant.
ACCESSORY RESIDENTIAL UNITS
Pursuant to Section 3.10(E)(1) of the proposed Land Development Regulations, in any
district where a single-family residence is a principal permitted use, one (1) accessory
residential unit within or attached to a primary single-family residence or within an
existing, permitted accessory structure may be permitted by the DRB in accordance with
Article 14, Site Plan Review, and the following additional criteria:
(a) Floor space of the accessory residential unit shall not exceed thirty percent (30916) of
the total habitable area of the single-family dwelling unit.
The single family dwelling unit is 2444 SF. The accessory residential unit is proposed
to be 722 SF, or 29.5% of the habitable area of the principal dwelling. Thus, the
applicant is in compliance with this criterion.
(b) The principal dwelling shall be owner occupied.
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The applicant currently resides in the principal dwelling. This shall remain the case.
(c) Adequate wastewater capacity is available to service the accessory unit, as
demonstrated by the issuance of a Wastewater Allocation or on -site wastewater
permit pursuant to the South Burlington Ordinance regulating the use of public and
private sanitary sewage and stormwater systems.
(d) Two additional off-street parking spaces shall be provided on the same lot, either in a
garage or a driveway, or not in any areas required to meet coverage limitations, or
any front yard other than a driveway, required by these Regulations.
The applicant is proposing to add an additional garage bay and widen the existing single
lane driveway. This would result in two spaces in the garage and space enough in the
driveway for four vehicles. This is sufficient to satisfy this requirement.
(e) A zoning permit shall be required for the accessory residential unit.
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.
There is adequate consideration given to pedestrian movement and parking on the site.
(b) Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
Parking is to the front and side of the building. However, given that the nature of the
project as a single-family residential use, the board finds this layout acceptable and in
harmony with the rest of the neighborhood.
(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.
The height of the existing home and the proposed addition (24 ft) are within the limits
specified by the SBLDR.
(d) Newly installed utility services and service modifications necessitated by exterior
alterations or building expansions shall, to the extent feasible, be underground.
The applicant has not proposed any additional lighting as part of this application.
(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.
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The principal residential dwelling and accessory unit are in compliance with this criterion.
(t7 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 principal residential dwelling and accessory unit are in compliance with this criterion.
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 easements as part of the proposed
project.
(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.
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 accessible, secure and properly
screened with opaque fencing to ensure that trash and debris do not escape the
enclosure(s).
As the subject building is a single family residence, trash will be maintained inside the
building until time for trash pickup.
Traffic
This project will not generate a sufficient amount of traffic to warrant concern or further
review.
CONDITIONAL USE CRITERIA
Pursuant to Section 3.10(E), Conditional Use Review by the Development Review Board
shall be required if the establishment of the accessory residential unit involves the
"construction of a new accessory structure, an increase in the height or floor area of the
existing single-family dwelling..... "
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The DRB must find that the proposed uses will not adversely affect the following:
(a) The capacity of existing or planned municipal or educational facilities.
Educational facilities will not be affected, as the accessory apartment will be occupied by
no more than two individuals. In addition, the board does not believe that the accessory
apartment will adversely affect other 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 board finds the proposal is in keeping with residential uses on 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 addition of one or two residents will have negligible affects on traffic in the vicinity.
(d) Bylaws in effect
The proposed project is in keeping with regulations, provided the applicant obtains water
and sewer allocation.
(e) Utilization of renewable energy resources.
The proposal will not affect renewable energy resources.
(0 General public health and welfare
The board does not believe that the proposed accessory apartment will have an adverse
affect on general public welfare.
Other
The accessory dwelling unit is limited to only one (1) bedroom.
DECISION /�
Motion by M U seconded by bGr' 1 to
approve Site PI n Application #S -09-14 and Conditional Use Application CU-09-02 of
Jeffrey Lyon subject to the following conditions:
1. All previous approvals and stipulations which are not superseded by this approval
shall remain in effect.
2. This project shall 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 principal dwelling shall remain owner -occupied.
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4. The applicant shall apply for wastewater allocation from the Director of Planning and
Zoning.
5. The accessory dwelling unit is limited to only one (1) bedroom.
6. The applicant shall 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.
7. Any change to the site plan shall require approval by the South Burlington
Development Review Board or the Administrative Officer.
Mark Behr — ee 'nay/abstain/not present
Matthew Birmingh
m — yea/nay/abstaini not presen
John Dinklage — e
/nay/abstain/not present
Roger Farley — e
nay/abstain/not present
Eric Knudsen — e
ay/abstain/not present
Peter Plumeau —
nay/abstain/not present
Gayle Quimby — ye
/nay/abstain/not present
Motion carried by a vote of CP - O -d
Signed this day of bq a��t� 2009, by
John Din ge, Chairman
Please note: You he the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRECP 5 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).
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