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Home My WebLink AboutCU-15-04 - Decision - 0034 Cortland Avenue#CU-15-04 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING CARLEE CARDWELL & LANCE OHLSSON --- 34 CORTLAND AVENUE CONDITIONAL USE APPLICATION #CU-15-04 FINDINGS OF FACT AND DECISION Conditional use application #CU-15-04 of Carlee Cardwell & Lance Ohlsson for after -the -fact approval to allow a new 7.5' X 10' entry to project three (3) feet into the front yard setback requirement, 34 Cortland Avenue. The Development Review Board held a public hearing on July 21, 2015. The applicants were not present. 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 Carlee Caldwell and Lance Ohlsson, hereinafter referred to as the applicants, are seeking after -the -fact conditional use approval to allow a new 7.5' X 10' entry to project three (3) feet into the front yard setback requirement, 34 Cortland Avenue. 2. The owner of record of the subject property is Carlee Caldwell. 3. The subject property is located in the Residential 4 District. 4. The application was received on June 26, 2015. The plan set submitted consists of a one (1) page drawing and one (1) page showing two photos of the property, before and after construction. 6. The proposed application is essentially a resubmittal of a prior proposal approved on August 5, 2014 (#CU-14-06). The resubmission is necessary as the applicant failed to obtain a zoning permit within six (6) months of that approval. CONDITIONAL USE CRITERIA Pursuant to Section 14.10(E) of the Land Development Regulations, the proposed conditional use shall not result in an undue adverse effect on any of the following: (a) The capacity of existing or planned community facilities. 7. The Board finds that the proposed addition will not have an undue adverse effect on community services. (b) The planned 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 - 1 - #CU-15-04 and standards of the municipal plan. The property is located within the Residential 4 Zoning District. The purpose of the District is stated as follows: 4.03 (A) Purpose. A Residential 4 District is hereby formed in order to encourage residential use at moderate densities that are compatible with existing neighborhoods and undeveloped land adjacent to those neighborhoods. Any use not expressly permitted is prohibited, except those that are allowed as conditional uses. The Comprehensive Plan, last adopted March 9, 2011, includes several objectives and recommendations related to housing in the community. Housing Objective 2 (page 40) states: "Identify and protect existing and developing residential neighborhoods" The Board discussed this item in concurrence with the standards within Section 3.06(J) of the LDRs. Currently, the existing dwellings on this street share a common setback that creates a neighborhood feel. An encroachment into this setback will allow other dwelling units in this neighborhood to encroach slightly further into the established setback, under Section 3.06(J) of the Land Development Regulations. In this case, the new entry constructed by the applicants projects into the setback more than the average of the abutting properties. The Board assessed whether such an encroachment creates an adverse effect, AND if so, whether the adverse effect is undue on the planned character of the area. 8. Based on this information above, the Board finds that this application does not rise to the level of creating an undue adverse affect on the planned character of the area. (c) Traffic on roads and highways in the vicinity. 9. The Board finds that the proposed addition will not affect traffic in the vicinity. (d) Bylaws and ordinances then in effect. The proposed addition would encroach into the front yard setback requirements outlined in table C-2 of the Land Development Regulations. An exception is allowed for lots existing prior to February 28, 1974 in Article 3, Section 3.06(J) of the Land Development Regulations. See below for these standards. (e) Utilization of renewable energy resources. 10. The Board finds that the proposed addition will not affect the utilization of renewable energy resources. 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 permitted for lots or dwelling units that meet the following criteria: the lot or dwelling unit was in existence prior to February -2- I #CU-15-04 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 street frontage, 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) feet from 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 and/or nearby properties; (b) access to sunlight of adjoining and/or nearby properties; (c) adequate on -site parking; and (d) safety of adjoining and/or nearby property. See discussion above. 11. The Board finds that the proposed addition would not have an undue adverse affect on views of adjoining and/or nearby properties 12. The Board finds that the proposed addition would not have an undue adverse affect on access to sunlight of adjoining and/or nearby properties. 13. The Board finds that the proposed addition would not affect on adequacy of on -site parking. 14. The Board finds that the proposed addition would not have an undue adverse affect on safety of adjoining and/or nearby properties. J1� DECISION u I Motion by IJ ji�- ��seconded by )70#J 1(NG; to approve conditional use application #CU-15-04 of Carlee Caldwell and Lance Ohlsson, subject to the following stipulations: 1. All previous approvals and stipulations shall remain in full effect except as amended herein. 2. This project shall be completed as shown on the plan submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. -3- #CU-15-04 3. 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. 4. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. Tim Barritt Yea Nay Abstain Not Present Mark Behr Yea Nay Abstain of Prese Brian Breslend Yea Nay Abstain Not Present Bill Miller Nay Abstain Not Present David Parsons Nay Abstain Not Present Jennifer Smith Nay Jea Abstain Not Present John Wilking Nay Abstain Not Present Motion carried by a vote of,5 — 0 — 0 Signed this I day of �JU1 2015, by c,V Tim Barritt, 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://vermontoudiciary.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. -4-