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Home My WebLink AboutSP-09-72 - Decision - 0033 Haymaker Lane#S P-09-72 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING ALLEN ROAD LAND CO, 33 HAYMAKER LANE SITE PLAN APPLICATION #SP-09-72 FINDINGS OF FACT AND DECISION Allen Road Land Co., hereafter referred to as the applicant, is requesting site plan review to allow construction of a 1,353 sq. ft. accessory residential unit, 33 Haymaker Lane. Based the plans and supporting materials contained in the document file for this application, the Administrative Officer finds, concludes, and decides the following: FINDINGS OF FACT 1. The applicant is requesting site plan review to allow construction of a 1,353 sq.ft. accessory residential unit, 33 Haymaker Lane. 2. The application was received on September 2, 2009. 3. This is a reapproval of #SP-09-07 approved by the Development Review Board on 2/17/2009. This approval became null and void on 8/17/2009 for failure to obtain a zoning permit within six (6) months of the approval. 4. The owner of record of the subject property is Allen Road Land Company 5. The subject property is located in the R2 Zoning District. 6. The plans submitted consist of a plan entitled, "ACC. APT Residential Park 'g Layout", prepared by Innovative Design, Inc., dated January 14, 2009. 7. 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,o) of the total habitable area of the single-family dwelling unit. The single family dwelling unit is comprised of 6356 habitable SF. This includes the basement where the proposed accessory apartment is to be located. The accessory residential unit is proposed to be 1353 SF, or 21.3% of the habitable area of the principal dwelling. Thus, the applicant is in compliance with this criterion. I:\Development Review Boa rd\Findings_Decisions\Administrative\2009\sp_09_72_AIIenRdReapprova1.doc #SP-09-72 (b) The principal dwelling shall be owner occupied. At this time, the subject property is under construction and owned by a development company who does not live in the home. No occupancy of the accessory unit shall take place until the land owner is the occupant of the principal dwelling unit. The principal dwelling unit must be 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. (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 subject property contains a 3-car garage and ample driveway space. This is sufficient to satisfy this requirement. (e) A zoning permit shall be required for the accessory residential unit. 8. 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 is 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 existing home is within the limits specified by the SBLDR. No additional exterior construction is planned. (d) Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. The applicant has not proposed any additional lighting as part of this application. 2 I:\Development Review Board\Findings_DecisionsWdministrative\2009\sp_09_72_AIIenRdReapproval.doc #SP-09-72 (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). As the subject building is a single family residence, trash will be maintained inside the building until time for trash pickup. Traffic This project will not generate a sufficient amount of traffic to warrant concern or further review. Other The accessory dwelling unit is limited to only one (1) bedroom. 3 I:\Development Review Boa rd\Findings_DecisionsWdministrative\2009\sp_09_72_AIIenRdReapproval.doc #S P-09-72 DECISION Based on the above Findings of Fact, the Administrative Officer herby approves Site Plan Application #SP-09-72 of Allen Road Land Co. to allow construction of a 1,353 sq. ft. accessory residential unit, 33 Haymaker Lane. 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 plans submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 3. The principal dwelling shall remain owner -occupied. No occupancy of the accessory unit shall take place until the land owner is the occupant of the principal dwelling unit. 4. The applicant shall obtain wastewater allocation for the additional dwelling unit prior to permit issuance. 5. The applicant shall obtain a zoning permit from the Administrative Officer for the accessory residential unit. 6. The accessory dwelling unit is limited to only one (1) bedroom. 7. 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. 8. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. Signed this day of .:/�=.� �l� 2009, by Raym elair, Administrative Officer PLEASE NOTE: Pursuant to 24 VSA §4465, an interested person may appeal this decision by filing a Notice of Appeal with the secretary of the Development Review Board. This Notice of Appeal must be accompanied with a $113 filing fee and be filed within 15 days of the date of this decision. 4 I:\Development Review Boa rd\Findings_Decisions\Administrative\2009\sp_09_72_AIIenRdReapproval.doc