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HomeMy WebLinkAboutSP-08-30 - Decision - 0225 Hinesburg RoadCITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING RANDALL GAULIN - 225 HINESBURG ROAD SITE PLAN APPLICATION #SP-08-30 FINDINGS OF FACT AND DECISION Randall Gaulin, hereafter referred to as the applicant, is seeking site plan approval for a 528 sq. ft. accessory residential unit in a detached garage, 225 Hinesburg Road. The Development Review Board held a public hearing on Tuesday, May 20, 2008. The applicant was present at the hearing. 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 528 sq. ft. accessory residential unit in a detached garage, 225 Hinesburg Road. 2. The owner of record of the subject property is Randall Gaulin. 3. The subject property is located in the Residential 4 (R4) Zoning District. 4. The plan submitted is a hand drawn plan entitled, "225 Hinesburg Rd. South Burlington, VT", prepared by the applicant. 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. The applicant has stated that the single family dwelling unit is 2508 SF. However, staff's review of the City's tax records indicates that the principal dwelling is only approximately 1500 SF. The applicant has informed staff that he finished his basement a couple of years ago which increased his habitable area to 2508 sq. ft. The accessory residential unit is proposed to be 528 SF, or 20.1 % of the habitable area of the principal dwelling. (b) The principal dwelling shall be owner occupied. The applicant currently resides in the principal unit. This must remain the case. (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. If necessary, the applicant shall apply for wastewater allocation prior to issuance of a zoning permit. (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 4 parking spaces, two in the garage and two in the driveway. This is sufficient to satisfy this requirement. (e) A zoning permit shall be required for the accessory residential unit. 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 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 applicant did not state the height of the accessory structure. 5. The applicant shall state the height of the garage. It shall be in compliance with 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. 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. (f) 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. Traffic This project will not generate a sufficient amount of traffic to warrant concern or further review. DECISION Motion by Gavle Quimby, seconded by Roger Farley, to approve Site Plan Application #SP-08-30 of Randall Gaulin, 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. 4. The applicant shall obtain wastewater allocation approval from the Director of Planning and Zoning or designee, prior to issuance of a zoning permit. 5. Prior to the issuance of the zoning permit for the accessory residential unit, the City Assessor's records shall reflect the actual habitable area which shall be a minimum of 1760 sq. ft. 6. 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. 7. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. Mark Behr — yea/nay/abstaineot present, Matthew BirminFe/nay/abstain/not — yea/nay7abstain/ t res John Dinklagenay/abstain/not present Roger Farley — present Eric Knudsen — We/nay/abstain/not ay/abstain/not present Peter Plumeau /nay/abstain/not present Gayle Quimby — present Motion carried by a vote of �--o---O Signed this cQ aday of M c='f 2008, by John Dinklage, Chair 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).