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Home My WebLink AboutCU-18-12B - Decision - 30 Myers CourtVermont Superior Court .Filed 08/04/23Envu‘omnental Division FILED:8/4/2023 11:52 AM Vermont Superior Court Environmental Division 21-ENV-00038 STATE OF VERMONT SUPERIOR COURT ENVIRONMENTAL DIVISION Docket No.21-ENV-00038 In re:Washburn Remanded CU Denial STIPULATED JUDGEMENT ORDER NOW COMES Paul Washbum (hereinafter “Applicant”),by and through his attorneys, MSK Attorneys,and the City of South Burlington (hereinafter the “City”),by and through its City Attorney’s Ofice,and hereby stipulate and agree that the Court may enter the following order in the above-captioned matter: Conditional Use Application #CU-18-12 (#CU-18-12A and #CU-18-IZB)(the "Application”)for an Accessory Dwelling Unit (“ADU”)on the property located at 3O Myers Court (the “Property”),amended as follows,is APPROVED subject to the following conditions: l.By December 31,2023,Applicant shall reconstruct and/or alter the existing roof ofthe ADU in accordance with the plans attached hereto as Exhibit 1 so that the vertical distance measured from the base ofthe ADU’s wood siding to the new highest point of the roofis reduced by one foot (12 inches)fi'om the existing highest point of the roof (the “Altered ADU”).Within one week ofcompletion ofthe Altered ADU,Applicant shall submit to the City’s Department ofPlanning and Zoning all plans and/or other documentation demonstrating and ensuring Applicant’s compliance with this Paragraph 1. 2.As permitted by City of South Burlington Land Development Regulations (“LDRs”)l Section 3.12B(2),the average pie—construction grade fi'om which the height ofthe Altered ADU is measured shall be adjusted so that the vertical distance measured therefrom to the average level between the eaves and the highest portion of the roof ofthe Altered ADU is 15 feet. 3.The Application is amended to propose the Altered ADU with a height of 15 feet and a five (5)-foot rear setback,and to add a covered porch and fiont steps,all as depicted on Exhibits 1,2 and 3,attached hereto and incorporated herein by reference. 1 LDRs adopted May 12,2003,Amendments Adopted July 16,2018,Amendments Efi‘ective August 6,2018 Page l of4 .Prior to engaging in further construction ofthe garage approved by #ZP-18-099, Applicant must demonstrate,and provide plans to the City’s Department of Planning and Zoning showing,that the total area ofthe floor space in the Altered ADU will not exceed thirty percent (30%)of the total habitable area of the existing primary dwelling unit and the attached garage.The habitable area in the attached garage must connect directly with the habitable area ofthe existing dwelling unit. .While this appeal was pending,Applicant planted multiple arborvitae hedge bushes on the Property along his easterly and southerly property boundaries.The locations ofsuch hedge bushes are shown on the site plan attached hereto as Exhibit 2.For the purpose of creating and maintaining a privacy screen between the Altered ADU and the backyards and residences at 34 Myers Court and 26 Suburban Square,Applicant shall continuously maintain these hedge bushes,which shall include replacing any hedge bushes that die or do not thrive,and/or planting additional hedge bushes as necessary for a complete privacy screen. .Within ninety (90)days of the date the court enters this Stipulated'Judgment Order (the “Order”),Applicant shall pay a fine of $15,000.00 to the City of South Burlington. .All findings of fact and conditions of the DRB in Findings ofFact and Decisions #CU- 18-02,#CU-18~12,#CU-18-12A,and #CU-18-12B,not inconsistent with this Order, shall remain in full force and effect. .With entry ofthis Order,the following is approved:1)the footprints of the existing and proposed buildings on the Property are:House (24’4”x 30’3”),Garage (22’x 42’),and Altered ADU (14’5”x 17’4”with 14’5”x 6’covered front porch);2)the total proposed area of building footprint on the Property,including the permitted garage,is 1,996.45 square feet (“SF”)(20.5%ofthe approximately 9,761 SF lot size);and 3)the total proposed impervious surfaces on the Property (including driveway,two parking areas, walkway,the ADU stairs and the total proposed area of building footprints)is 3,996.13 SF (40.9%of the approximately 9,761 SF lot size).Pursuant to the LDRs,the 2’8”deep utility box attached to the Altered ADU’s outer rear wall is not included in building or lot coverage. .Applicant attests that the Exhibit 2 site plan accurately represents the proposed coverage calculations in paragraph 8,above,ofthis Order. Page 2 of4 10.Prior to commencing construction ofthe Altered ADU,the Applicant shall obtain a zoning permit fi'om the City of South Burlington to enact this Order.Provided Applicant submits to the City Department ofPlanning and Zoning the attached Zoning Permit Application (Exhibit Q and attached supporting plans (Exhibits 1 and 2)and photographs (Exhibit 3)(collectiilely,the “ZP Application”)within 90 days ofthe date the Court enters this Order,the City will waive application fees listed on the City Planning and Zoning Fee Schedule for “Zoning (building)permit”and “Afier-the-fact permit or review”and,upon signature and submission by Applicant,consider the ZP Application to be a complete application for a zoning permit.The City ofSouth Burlington Zoning Administrator concurs that upon signature and submission by Applicant,the ZP Application constituteéa complete application that will be approved in accordance with the timelines and procedures established by state statute.In order to allow the Zoning Adminisu'ator to act on ZP Applicationimmediately upon receipt,the Parties agree to waive any and all rights they may have to appeal this Order. SOO RED but»?8/4/2023 Honorable Thomas S.Durkin -.. Date L fix/«9WDATEDatBurlington,Vermont this _L day offly 023. MSK ATTORNEYS Attorneys for Paul Washburn By;». -Q/‘i/JS Alexander J.LaRosa 275 College Street,P.O.Box 4485 Burlington,VT 054026-4485 (802)861:7000 ailarosafdhnskvtcom Page 3 of4 fluDATEDatSouthBurlington,Vermont this 1 day of August 2023. CITY OF SOUTH BURLINGTON » ,'n K McNeil City Attorney,City of South Burlington 180 Market Street South Burlington,VT 05403 (802)846-4107 cmcneil@_.southburlinut'onvt.uOv By/A/C—y—y, Joining only as to Paragraph 10 of this Stipulated Judgment Order: By:67%?’x _A -arla Keene l/R /\ Zoning Administrator,City of South Burlington 180 Market Street South Burlington,VT 05403 (802)846-4106 mkeenegtgsouthburlingtonvt.gov Page 4 of4 ,iffif/iz”{7 Eéb’ffimef Fay/.2-/€0 m ’32.my 5.72";c r EXHIBIT o§cvcefiMV pew HEMW' )2 NEW ADU Roofline. No change to porch ofADU. Porch not shown to illustrate toofline See pictures for Existing ADU. Red lines show existing roofsection I be removed.///// T - \t6 _V 577:; . ‘I!u [QNLSWQCE (/325312923HIT“ _u ' ”,3 Djfi’ém'w .mr‘[21/gbfi 6 gilRJ/“i L”).‘Emummugjj”g “M, {A ,mt’@flfiz‘waé 3 (Z?M 76512.9 6 0 u (z r”WM’E’W’Z‘TE/MM ‘ Marga.12/£7 ,,fig???ETHIBIT Ens»7‘ f)6)(re a 0C?05 (’13 f77(130.610.?Vtjfiggn C".w'n‘uregw/A ADU is 14‘5"):17'4".3 Li ‘ s______‘._’.‘_.—+-—- With6'xl4'5"porch,H.223 #7 I"?”1556551”{35:3 KL 4'xl4‘5"stairs,and $9 R 5"")~3 2'8"x4'3"utility box.7"?If)‘“7/Q mm; l Rear setback is +5'from utility box.”NM!C?) .1.5%M) 4‘ma mi»,4 £1504 .717???3 z?!)2 [{Z 1 3 “PEP—MIL T 2 i .-)8”W3 é (M5179-u 451'17"!:3;E (m ’1: g:m 25% \ \E‘f r; \U m.2.;50am 3:/\/L‘?EN: 5:} f // 1~~-¢MW W.:3—2 re («7131-4 1’3 @flM/UJ L‘U firm! 3a 53:6 008 Sé‘éi 8&8000MW_”A.l-4lfi‘hflaw‘1..'opemoqosnoImoqssepazsnfpzaq01913218uoponqsuoo—axd'smopmm10qoxod01sofiuuqo131900N1quqxgJedpmsnfpesq01anygoon'mnq-se{KNfittpsgxg FILED:ans/2023 6:07 Pm Vennon’e Superior Cour Envlmnmenw Dlvl'zim 21>ENV-00031 Existing ADU.Windows and Porch to remain as-built Roofline to be adjusted downwaxd 1 foot per Exhibit 1. W000972 CITY OF SOUTH BURLINGTON ZONING PERMIT APPLICATION PROPERTY StreetAddress:30-32 Myers Court Application No: lattice use only] Property Owner:Paw waShbum Parcel Size:23 86/9761 5' Property Owner Mailing Addresszso Myers Court,SouthBurlington,VT APPLICANT:Paul Washbum Applicant Mailing Address:Same Awhcam Ema“.paul.washburn@grnmtnpharn1.cern Daytime phone:8026608804 1.PROPOSED project including building dimensions (describe):See Attached Narrative. 1a:IF NEW STRUCTURE Building height (see Land Development Regulations Definition of Height):15 ft. #of Bedrooms:1 The project will comply with the City of South Burlington "Regulation of Heating and Service Water Heating Systems In New Buildings"ordinance:DYes .No 2.RELATED Site Plan,Conditional Use,PUD,subdivision,or Misc Approval Number (ifapplicable)None 3.Present USE(S)of the property: .Single family home on its own parcel CIOther (please state the USE per Land Development Regulations-.retail,general office.multifamily residential,etc): with detached accessory dwelling unit 4.List all present structure(s)on property (describe Including dimensions or square footage of each): See Attached Narrative 5.Does the project include a proposed change of USE? .No (the property will still he used for the same purpose) ElYes a.proposed changed or added USES per Land Development Regulations-retail.general office,multifamily residential,etc.):. b.proposed wastewater generation (GPD): c.proposed PM Peak heur trip generation for entire property (in and out): i.Land Use Code(s)Used,independent variables,calculations: 6.ESTIMATED total cost ofimprovements (materials and labor):$25000 Complete the foIloviIingonly if the project involveschanges to the dlmensmnsofyour buildlng orothersite changes(I‘e, notinterior renovations Ormof/Window/deckreplacemenv-‘-i .,. 7.BUILDING footprint—Le.size in sq.ft.ofmain floor of house and all attached and detached structures Including enclosed breezeways,garages.and sheds (describe):Existing:See Attached Narrative Proposed: 8.TOTAL impervious surfaces on site (i.e.Building footprint PLUS size in s.f.of driveways,patios,decks): Exisfingfiee Attached Narrative Proposed: 1 Rev 2019-11 EXHIBIT ___‘L_ ATTACH SKETCH PLAN OR SITE PLAN 10.APPLICANT/OWNER CERTIFICATION The undersigned property owner hereby consents to submission of this application and understands that if the application ls approved.the Zoning Permit and any attached conditions will be binding on the property. Property Owner Slgnature PRINT NAME Date The undersigned applicant hereby affirms that the information presented in this application is true,accurate and complete. TPcwtX WIMIK Applicant Signature PRINT NAME @VWL.20am OFFICE USE ONLY -ADMINISTRATIVE OFFICER ACTION —OFFICE USE ONLY DATE Received:FEE Received:$Identification of zoning district: Project description: SITE PLAN . Application ti Approval Date SUBDIVISION _ Application it Approval Date CONDITIONAL USE Application #Approval Date VARIANCE Application #Approval Date MISCELLANEOUS . _ Appllcatlon 8 Approval Date FINAL ADMINISTRATIVE OFFICER ACTION 2 O N I N G P E R M |T E]APPROVED - Approval Date Admlnlstratlve Officer's Signature Permit EFFECTIVE date Pennlt EXPIRATION date CONDITIONS of Approval _ [:1 Provided applicant copy of URBEC or VCBE Standards Handbook or D Not Applicable CI DENIED REASON for DENIAL Denial Date Administrative Officer's Slgnatune Notice of Appeal Rights:Any interested person may appeal this decision by filing a written Notice ofAppeal with the clerk ofthe Development Review Board within fifteen [15]days of the date of this decision.The notice ofappeal must be accompanied by a filing fee of $223.00. This permit does NOT authorize commencement of any development activity approved by the permlt until the perrnlt takes effect as set forth above.Site modifications and improvements made priorto this permit becoming effective may be subject to removal and site restoration ifa timely appeal is commenced. NOTE:The applicant or permittee retains the obligation to identify.apply for.and obtain relevant state permits forthis project.Call (802)477-2241 to speak with the regional Permit Specialist. 2 Rev 2019-11 Zoning PermitApplication 30 Myers Coutt,South Burlington,Vermont Paul Washburn,Applicant Supplemental Narrative l.Proposed project: Remove part ofroof of existing accessory dwelling unit (ADU)to reduce the vertical distance measured fiom the base ofthe ADU’s siding to the new highest point ofthe roofby one foot (1’) (Altered ADU).Based on the court’s order in Docket No.21-ENV-00038,the height ofthe Altered ADU shall be established as fifteen feet (15’).The level ofthe average preconstruction grade is measured as the point at the base of the Altered ADU that is fifieen feet in vertical distance fiom the average level between the Altered ADU’s eaves and the highest point ofthe Altered ADU’s roof. Add 62 SF loft,86.52 (14’5”x 6’)SF covered porch and 57.68 (14’5”x 4’)SF ofstairs to the Altered ADU.Attach 2’8”-deep utility box to outer rear wall ofAltered ADU. *** 4.List all present structures on property: 735.98 (24’4”x 30’3”)SF House;249.95 (14’5”x 17’4”)SF ADU;Zoning Permit #ZP-18-099 issued,in part,for 924 (22’x 42’)SF Garage,construction ofwhich is not yet complete. 1':a!* 7.Building footprint Existing:1909.93 (735.98 +249.95 +924)SF Proposed:86.52 SF (ADU Covered Porch)+1909.93 SF =1996.45 SF *4r 1': 8.Total impervious surfaces on site Existing:1942 SF (1000 SF driveway +646 SF parking area +176 SF parking area +120 SF front walkway)'+1909.93 SF =3,851.93 SF Proposed:144.2 SF (86.52 SF ADU Covered Porch +57.68 SF ADU Stairs)+3,851.93 SF = 3,996.13 SF