HomeMy WebLinkAboutCU-01-25 - Decision - 0072 East Terrace#CU-01-25
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: conditional use application #CU-01-25 of Qingbin & Yan Wang seeking approval
under Section 26.05, Conditional Uses, and Section 26.75, Accessory Residential Units,
of the South Burlington Zoning Regulations, Request is for permission to have a 622
square foot accessory residential unit, 72 East Terrace.
On the loth of July, 2001, the South Burlington Development Review Board approved
the conditional use application of Qingbin & Yan Wang under Section 26.05 and Section
26.75 of the South Burlington Zoning Regulations based on the following findings:
1. This project consists of a request under Section 26.05, Conditional Uses, and
Section 26.75, Accessory Residential Units, of the South Burlington Zoning
Regulations. The request is for permission to have a 622 square foot accessory
residential unit, 72 East Terrace. Staff discovered that the applicant has converted
the dwelling unit without approval or a permit. The applicant was placed in
violation. This request is to remedy the violation.
2. The owners of record are Qingbin & Yan Wang.
3. This property is located within the Residential Four District. It is bounded on the
north by a single family residence, on the west by East Terrace, on the south by a
right of way, and on the east by an undeveloped lot.
4. The proposed use complies with the stated purpose of the Residential Four District
to "encourage residential use at moderate densities that are compatible with existing
neighborhoods and undeveloped land adjacent to those neighborhoods."
The proposed use will not adversely affect:
a) the capacity of existing or planned community facilities. No effect expected.
b) the character of the area affected. No adverse effect is expected.
c) traffic on roads or highways in the vicinity. The proposed use is not expected to
affect traffic.
d) bylaws in effect. The proposal is in conformance with the zoning regulations.
e) utilization of renewable resources. There is no utilization of renewable energy
resources to be affected.
f) general public health and welfare. No adverse effect is expected.
5. Section 26.75 of the Zoning Re lgu ations: The occupancy of this accessory unit will
be limited to the conditions of Section 26.75 of the Zoning Regulations including:
a) Occupancy of the accessory residential unit is restricted to not more than two (2)
persons, one of whom is related by blood or marriage to the owner of the primary
single-family residence, or is disabled as defined in subdivision 252(2) of Title 18, or is
at least 55 years of age.
b) Floor space of the accessory residential unit shall not exceed 30% of the floor space
of the existing living area of the primary single-family residence or 400 square feet,
whichever is greater. Information provided by the applicant indicates that the accessory
residential unit will not exceed the size limitation of 30%.
c) The primary single-family residence is occupied by the owner.
6. The applicant has been made aware of these conditions and does not have a problem with
them.
DECISION AND CONDITIONS
Based on the above Findings of Fact, the South Burlington Development Review Board
approves conditional use application #CU-01-25 of Qingbin & Yan Wang seeking
approval under Section 26.05, Conditional Uses, and Section 26.75, Accessory
Residential Units, of the South Burlington Zoning Regulations, Request is for permission
to have a 622 square foot accessory residential unit, 72 East Terrace, as depicted on a
three (3) page set of plans, page one entitled "Qingbin Wang 72 East Terrace", with a
stamped received date of 6/27/01, with the following stipulations:
1) All previous approvals and stipulations which are not superseded by this approval shall
remain in effect.
2) The occupancy of this accessory unit will be limited to the conditions of Section 26.75 of
the Zoning Regulations including:
d) Occupancy of the accessory residential unit is restricted to not more than two (2)
persons, one of whom is related by blood or marriage to the owner of the primary
single-family residence, or is disabled as defined in subdivision 252(2) of Title 18,
or is at least 55 years of age.
e) Floor space of the accessory residential unit shall not exceed 30% of the floor space
of the existing living area of the primary single-family residence or 400 square feet,
whichever is greater.
f) The primary single-family residence is occupied by the owner.
3) The applicant shall obtain a zoning permit within six (6) months pursuant to Section
27.302 of the Zoning 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.
air or Clerk Dke
South Burlington Development Review Board
Please Note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to
24 V.S.A. § 4471 and V.RC.P. 76, in writing, within 30 days of the date this decision is issued. The fee is
$150.00. 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 V S.A. § 4472(d)
(exclusivity of remedy; finality).