HomeMy WebLinkAboutCU-16-07 - Decision - 0030 Cortland Avenue#CU-16-07
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
ROBERT HICKEY-30 CORTLAND AVENUE
CONDITIONAL USE APPLICATION #CU-16-07
FINDINGS OF FACT AND DECISION
Conditional use application #CU-16-07 of Robert Hickey for approval to allow a roof extension over the
front steps to encroach 7'-3" into the front yard setback, 30 Cortland Avenue.
The Development Review Board held a public hearing on November 15, 2016. The applicant
represented himself.
Based on the plans and 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, Robert Hickey, seeks approval to allow a roof extension over the front steps which
will encroach 7'-3" into the front yard setback, 30 Cortland Avenue.
2. The owner of record of the subject property is Robert Hickey.
3. The subject property is located in the Residential 4 Zoning District.
4. The application was received on September 29, 2016.
5. The plan submitted consists of one (1) untitled page prepared by the applicant showing 28, 30, and
32 Cortland Ave. and the respective setbacks from the center line of the street.
6. The lot for 30 Cortland Avenue was in existence prior to February 28, 1974.
A. Section 3.06 Setbacks and Buffers
Section 3.06(J) provides exceptions to setback and lot coverage requirements for lots existing prior to
February 28, 1974. The proposed project meets the standard to be reviewed under Section 3.06(J)(3),
which allows additional encroachment into a setback to be considered by the Board. The Board must
determine that the proposed encroachment will not have an undue adverse effect on:
(a) Views of adjoining and or nearby properties;
The proposed project consists of installing a roof over an existing set of front steps at a single family
dwelling. The subject property and adjacent properties are in a line sharing almost identical setbacks
from the centerline of Cortland Avenue. The existing house already has a garage which extends into the
setback slightly further than the proposed roof will extend. The Board finds that the addition of a roof
over the steps will have no impact on views.
(b) Access to sunlight of adjoining and/or nearby properties;
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The Board finds the project will not have an impact on access to sunlight for neighboring properties.
(c) Adequate on -site parking; and
The Board finds the project will have no impact on parking.
(d) Safety of adjoining and/or nearby property.
The Board finds the project will no impact on safety.
B. Section 14.10 Conditional Use Review
The proposed project must meet the standards for a conditional use included in Section 14.10(E).
(1) The capacity of existing or planned community facilities.
This project will have no adverse effect upon community facilities. The Board finds this criterion to be
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 proposed project will have no impact on the character of the area. The Board finds this criterion to
be 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 to be met.
(4) Bylaws and ordinances then in effect.
The Board finds the proposed project is in compliance with bylaws and ordinances currently in effect.
(5) Utilization of renewable energy resources.
This project will not affect renewable energy resources. The Board finds this criterion to be met.
DECISION
Motion by Matt Cota, seconded by Jennifer Smith, to approve conditional use application #CU-16-07 of
the Robert Hickey:
1. All previous approvals and stipulations which are not changed by this decision, will remain in full
effect.
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2. The 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 will 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
David Parsons
Yea
Nay
Abstain
Not Present
Jennifer Smith
Yea
Nay
Abstain
Not Present
John Wilking
Yea
Nay
Abstain
Not Present
Motion carried by a vote of 5— 0 — 0.
Signed this 16th day of November 2016, 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 802-828-1660 or
http://vermontjudiciary.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 802.879.5676 to speak with the regional Permit Specialist.
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