HomeMy WebLinkAboutSP-09-07 - Decision - 0033 Haymaker Lane#SP-09-07
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
ALLEN ROAD LAND CO, 33 HAYMAKER LANE
SITE PLAN APPLICATION #SP-09-07
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.
The Development Review Board held a public hearing on February 17, 2009. Michelle
Dufresne represented the applicant.
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 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 January 29, 2009.
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.
1 97►�ili�if�:
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 (30%) of
the total habitable area of the single-family dwelling unit.
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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.
(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
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, the Board finds 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 existing home is within the limits specified by the SBLDR. No additional
exterior construction is planned.
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(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.
(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.
(� 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, the Board understands that 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.
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DECISION
Motion by ,seconded by�lf ��%//dG�j9•�'C , to
approve Si a Plan Application SP-09-07 of Allen Road Land Co. subject to the 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 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.
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.
Mark Behr yea nay/abs ain/not present
Matthew Bir gham — yea ay/abstain/not present
John Dinklage — a ay abstain/not present
Roger Farley — ay/abstain/not present
Eric Knudsen — e ay/abstain/not present
Peter Plumeau — e nay/abstain/not present
Gayle Quimby — yea/nay/abstai+ot present )
Motion carried by a vote of-�
Signed this day of oL'u- 2009, by
r
� v
John Dink age, Chairman
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRECP 5 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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