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HomeMy WebLinkAboutCU-16-09 - Decision - 0075 Davis Parkway#CU-16-09 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING IAIN HOEFLE-75 DAVIS PARKWAY CONDITIONAL USE APPLICATION #CU-16-09 FINDINGS OF FACT AND DECISION Conditional use application #CU-16-09 of lain Hoefle to allow a 572 sq. ft. attached garage addition to encroach 21 feet into the required 30 foot front yard setback requirement, 75 Davis Parkway. The Development Review Board held a public hearing on December 6, 2016. The applicant was represented by 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, lain Hoefle, seeks approval to allow a 572 sq. ft. attached garage addition to encroach 21 feet into the required 30 foot front yard setback requirement, 75 Davis Parkway. 2. The owner of record of the subject property is lain Hoefle. 3. The subject property is located in the Residential 4 Zoning District. 4. The application was received on October 19, 2016. 5. The plans submitted consist of five (5) pages titled "Conditional Use Permit Application Submittal — Site Plan," "Conditional Use Permit Application Submittal —Adverse Effects Study," "Site Plans," "Proposed Elevations," and "Proposed Perspectives" and two (2) pages both titled "Conditional Use Permit Application Submittal —Existing Conditions Photos." All plans were prepared by Struktur and dated 10/13/16. 6. The lot for 75 Davis Parkway 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 building an attached one (1) bay single story garage with a mudroom. The existing single family house is located on a corner lot and already nonconforming to the required front setback of 30 feet on the west side of the property. The proposed addition will encroach further into the front setback and result in a nine (9) foot front setback on the west side of the property. There J #CU-16-09 is a hedge screen between the applicant's property and the house to the south. The proposed addition will be partially screened from the property to the east by the applicant's existing house. The Board finds this criterion met. (b) Access to sunlight of adjoining and/or nearby properties; 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 Moved by Frank Kochman, seconded by John Wilking, to approve conditional use application #CU-16-09 2 #CU-16-09 of the lain Hoefle, subject to the following conditions: 1. All previous approvals and stipulations which are not changed by this decision, will remain in full effect. 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 7th day of December 2016, by 1 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. 3