HomeMy WebLinkAboutSP-06-54 - Decision - 0053 East Terrace#S P-06-54
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
CHRISTINE NEUHARDT - 53 EAST TERRACE
ACCESSORY APARTMENT
SITE PLAN APPLICATION #SP-06-54
FINDINGS OF FACT AND DECISION
Christine Neuhardt, hereafter referred to as the applicant, is seeking site plan approval
for a 695 sq. ft. accessory residential unit within a principal structure, 53 East Terrace.
The Development Review Board held a public hearing on October 3, 2006. The
applicant was present at the meeting.
Based on testimony provided at the above mentioned public hearing 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 site plan approval for a 695 sq. ft. accessory residential unit
within a principal structure, 53 East Terrace.
2. The owner of record of the subject property is Christine Neudardt.
3. The subject property is located in the Residential 4 (R4) Zoning District.
4. The plan submitted consists of a hand drawn plan of the applicant's property entitled,
"53 East Terrace".
ACCESSORY RESIDENTIAL UNITS
Pursuant to Section 3.10(E)(1) of the proposed Land Development Regulations, in any
district where a single-family residence is a principal permitted use, one (1) accessory
residential unit within or attached to a primary single-family residence or within an existing,
permitted accessory structure may be permitted by the DRB in accordance with Article 14,
Site Plan Review, and the following additional criteria:
(a) Floor space of the accessory residential unit shall not exceed thirty percent (309/0) of
the total habitable area of the single-family dwelling unit.
The single family dwelling unit is 3000 SF. The accessory residential unit is 695 SF, or
23.2% of the principal dwelling. Thus, the applicant is in compliance with this criterion.
(b) The principal dwelling shall be owner occupied.
This applicant has stated that this will be the case.
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1. The principal dwelling shall remain owner -occupied.
(c) Adequate wastewater capacity is available to service the accessory unit, as
demonstrated by the issuance of a Wastewater Allocation or on -site wastewater
permit pursuant to the South Burlington Sewage Ordinance.
2. If necessary, the applicant shall apply for wastewater allocation from Juli Beth
Hinds, Director of Planning and Zoning.
(d) Two additional off-street parking spaces shall be provided on the same lot, either in a
garage or a driveway, or not in any areas required to meet coverage limitations, or
any front yard other than a driveway, required by these Regulations.
The site plan shows a total of 5 parking spaces. This is sufficient to satisfy this
requirement.
(e) A zoning permit shall be required for each accessory residential unit.
3. The applicant shall obtain a zoning permit from the Administrative Officer for
the accessory residential unit.
SITE PLAN REVIEW STANDARDS
Section 14.06 of the South Burlington Land Development Regulations establishes the
following general review standards for all site plan applications:
(a) The site shall be planned to accomplish a desirable transition from structure to site,
from structure to structure, and to provide for adequate planting, safe pedestrian
movement, and adequate parking areas.
There is adequate consideration given to pedestrian movement and parking on the site.
(b) Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
Parking is to the front and side of the building. However, given that the nature of the project
as a single-family residential use, this layout acceptable and in harmony with the rest of the
neighborhood.
(c) Without restricting the permissible limits of the applicable zoning district, the height
and scale of each building shall be compatible with its site and existing or adjoining
buildings.
The height of the accessory dwelling unit is within the limits specified by the South
Burlington Land Development Regulations.
(d) Newly installed utility services and service modifications necessitated by exterior
alterations or building expansions shall, to the extent feasible, be underground.
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The applicant has not proposed any additional lighting as part of this application.
(e) The DRB shall encourage the use of a combination of common materials and
architectural characteristics, landscaping, buffers, screens and visual interruptions
to create attractive transitions between buildings of different architectural styles.
The principal residential dwelling and accessory unit are in compliance with this criterion.
(1) Proposed structures shall be related harmoniously to themselves, the terrain, and to
existing buildings and roads in the vicinity that have a visual relationship to the
proposed structures.
The principal residential dwelling and accessory unit are in compliance with this criterion.
Site plan applications shall meet the following specific standards as set forth in Section
14.07 of the South Burlington Land Development Regulations:
(a) The reservation of land may be required on any lot for provision of access to
abutting properties whenever such access is deemed necessary to reduce curb
cuts onto an arterial of collector street, to provide additional access for emergency
or other purposes, or to improve general access and circulation in the area.
It is not necessary to require any additional access easements as part of the proposed
project.
(b) Electric, telephone and other wire -served utility lines and service connections shall
be underground. Any utility installations remaining above ground shall be located so
as to have a harmonious relation to neighboring properties and to the site.
Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines,
services, and service modifications shall be underground.
(c) All dumpsters and other facilities to handle solid waste, including compliance with
any recycling or other requirements, shall be accessible, secure and properly
screened with opaque fencing to ensure that trash and debris do not escape the
enclosure(s).
The applicant has indicated that trash will be kept inside the unit except for trash pickup
(d) Landscaping and Screening Requirements
This criterion is not applicable as no new development is proposed
Lighting
The applicant has not proposed any additional lighting as part of this application. As
previously noted, if any lighting is proposed, staff approval will be required.
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Access/Circulation
There are no issues with the access or circulation on this property.
Traffic
This project will not generate a sufficient amount of traffic to warrant concern or further
review.
DECISION r /�
Motion by G ALE Qw*hV seconded by
to approve Site Plan Applicatio #SP-06-54 of Christine Neuhardt, subject td the
following conditions:
1. All previous approvals and stipulations, which are not superseded by this approval,
shall remain in full effect.
2. This project shall be completed as shown on the plans submitted by the applicant, and
on file in the South Burlington Department of Planning and Zoning.
3. If necessary, the applicant shall obtain wastewater allocation approval from the
Director of Planning and Zoning, Juli Beth Hinds, prior to issuance of a zoning permit.
4. 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.
5. Any change to the site plan shall require approval by the South Burlington
Development Review Board or the Administrative Officer.
Mark Behr—�ay/ab=eay/abstain/not
not present
Matthew Birmingham — present
John Dinklage — nay/abstain/not present
Roger Farley — ay/abstain/not present
Eric Knudsen — e nay/abstain/not present
Peter Plumeau — yea/nay/abstai not rese
Gayle Quimby—6i'Oay/abstain/not present
Motion carried by a vote of 6', - U- v
Signed this day of 2006, by
S
/ John Din lage, Chair
#S P-06-54
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).
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