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HomeMy WebLinkAboutMS-05-05 - Decision - 1495 Dorset StreetCITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING GARY ROUNDS - 1495 DORSET STREET MISCELLANEOUS APPLICATION #MS-05-05 FINDINGS OF FACT AND DECISION Gary Rounds, hereafter referred to as the applicant, is seeking miscellaneous approval under Section 3.06(J)(2) of the Land Development Regulations to allow a 40'x40' garage and 8 x'10' breezeway to encroach 12 feet into the required front setback, 1495 Dorset Street. The Development Review Board held a public meeting on September 20, 2005. The applicant was present at the meeting. Based on testimony provided in the above mentioned public meeting 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 seeking miscellaneous approval under Section 3.06(J)(2) of the Land Development Regulations to allow a 40'x40' garage and 8 x'l0' breezeway to encroach 12 feet into the required front setback, 1495 Dorset Street. 2. The subject property is located in the Southeast Quadrant (SEQ) Zoning District. 3. The owner of record of the subject property is Gary Rounds. 4. The plan submitted is entitled, "Gary Rounds 1495 Dorset St.", and prepared by the applicant. CONDITIONAL USE CRITERIA Pursuant to Section 14.10(E) of the Land Development Regulations, the proposed conditional use shall meet the following standards: 1. The proposed use, in its location and operation, shall be consistent with the planned character of the area as defined by the City of South Burlington Comprehensive Plan. The proposed addition is not in conflict with the planned character of the area, as defined by the Comprehensive Plan. 2. The proposed use shall conform to the stated purpose of the district in which the proposed use is located. -1- According to Section 9.01 of the Land Development Regulations, the Southeast Quadrant Zoning District encourages the location and clustering of buildings in a manner that will best preserve the open space character of the area. Strictly speaking, any new buildings would replace open space. However, the proposed garage will do little to affect the overall character of the zoning district. However, the Land Development Regulations require that structures along Dorset Street maintain a 50' setback, which this project would be in conflict with. 3. The Development Review Board must find that the proposed uses will not adversely affect the following: (a) The capacity of existing or planned municipal or educational facilities. The proposed addition will not adversely affect 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 proposed garage will not adversely affect the character of the neighborhood. The addition is proposed to be located approximately 25 feet further from the public right of way than the existing house. One concern with allowing encroachments into setbacks is that it might allow other dwelling units in this neighborhood to encroach into the established setback, under Section 3.06(J) of the Land Development Regulations. However, because the existing house is located closer to the road than the proposed garage, this will not change the setback standards for neighboring homes. (c) Traffic on roads and highways in the vicinity. The proposed addition will not affect traffic in the vicinity. (d) Bylaws in effect. The proposed addition is not in keeping with applicable regulations, specifically the front yard setback requirements outlined in table C-2 of the Land Development Regulations. (e) Utilization of renewable energy resources. The proposed addition will not affect renewable energy resources. (0 General public health and welfare. The proposed addition will not have an adverse affect on general public welfare. Pursuant to Section 3.060)(3) of the Land Development Regulations, the proposed conditional use shall meet the following standards: -2- Encroachment of a structure into a required setback beyond the limitations set forth in (a) and (b) 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; The proposed addition will not have an undue adverse affect on the views of adjoining properties. (b) access to sunlight of adjoining and/or nearby properties; The proposed addition will not have an undue adverse affect on the access of sunlight of adjoining properties. (c) adequate on -site parking; and The proposed addition will not have an undue adverse affect on adequate on -site parking. (d) safety of adjoining and/or nearby property. The proposed addition will not have an undue adverse affect on the safety of adjoining properties. DECISION %� Motion by LR R ( L{ , seconded by C � !jf q (� 66 to approve M�laneous Application #MS-05-05 of Gar Rounds subject to the pp Y 1 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 plan submitted by the applicant, as amended by this decision, and on file in the South Burlington Department of Planning and Zoning. 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. -3- Mark Behr — yea/nay/abstain/not present Matthew Birmingham — yea/nay/abstain/not present Chuck Bolton — yea/nay/abstain/not present John Dinklage — yea/nay/abstain/not present Roger Farley — yea/nay/abstain/not present Larry Kupferman — yea/nay/abstain/not present Gayle Quimby — yea/nay/abstain/not present Motion carried by a vote of l - d - O Signed this day of September 2005, by John Dinklage, C r Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRCP 76 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).