HomeMy WebLinkAboutZB-91-0000 - Decision - 0835 Hinesburg RoadM
CITY COUNCIL
CITY OF SOUTH BURLINGTON
IN RE: APPLICATION OF RUSSELL & JANET HILL
This matter came before the South Burlington City Council
pursuant to the provisions of 24 V.S.A. Section 4410td? on the
application of Russell and Janet Hill to construct improvements
in the City of South Burlington which fail to comply with the
"Interim Zoning Regulations" adopted by the Council on June 25,
1990.
The City Council conducted a public hearing on this application
on January 21, 1991. Russell Hill and Steve Cummingham were
present at the hearing. Based upon the evidence submitted at the
hearing mentioned above, the Council hereby renders the following
decision on this application:
Finding of Fact
1. Russell and Janet Hill are the owners of the property
which is the subject of this application which is located at 835
Hinesburg Road.
2. The property is located on the westerly side of Hines-
burg Road southerly of the Interstate.
3. By this application to the City Council Russell and
Janet Hill seeks approval to expand an existing single-family
residence on the subject lot in accordance with plans filed with
the City Administrative Officer.
d
CONCLUSIONS
The Interim Zoning Regulations prohibit the expansion of
existing structures. Since the applicant proposes to expand his
existing residence, the proposed construction fails to comply
with the Interim Zoning Regulations. For this reason this
Council must review and approve the proposed construction under
the provisions of 24 V.S.A. 4410(d) and (e).
1. 24 V.S.A. 4410(e)(1) requires this Council to consider
the effect of the proposed use on "the capacity of existing or
planned community facilities, services or lands." The proposed
residence is connected to a private sewer and water system, the
parcel contains approximately 127 acres which provides adequate
capacity for the installation of a replacement system. Based on
this, the Council concludes that construction of the proposed
expansion will not have an adverse impact on the capacity of
existing or planned community facilities, services or lands.
2. 24 V.S.A. 4410(e)(2) requires this Council to consider
the proposed use with respect to "the existing patterns and uses
of development in the area." The proposed residential structure
is located in a portion of the City developed with and zoned
primarily for the construction agricultural buildings and single-
family residences. Based on this, this Council concludes that
the proposed expansion is consistent with existing patterns and
uses of development in the area.
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3. 24 V.S.A. 4410(e)(3) requires this Council to consider
the proposed use with respect to "environmental limitations of
the site or area and significant natural resource areas and
sites." Because the proposed residence is served by a private
water system and has adequate sewage disposal, this Council
concludes that there are no environmental limitations on the site
which preclude the proposed expansion. Further, this Council
concludes that the proposed development will not occur on lands
which will obstruct in any significant way views of the Lake
Champlain Valley including Mt. Mansfield, and the Adirondacks.
4. 24 V.S.A. 4410(e)(4) requires this Council to consider
the proposed use with respect to "municipal plans and other
municipal by-laws, ordinances or regulations in effect." The
Comprehensive Plan for the City of South Burlington recommends
that the City act to preserve public access to views of Lake
Champlain, the Adirondacks, and Mt. Mansfield. (Comprehensive
Plan, dated 1985 - Aesthetics, History and Cultural Resources
Chapter). As already noted the proposed development will not
adversely impact these views. Based on this, this Council
concludes that the proposed development complies with the
Comprehensive Plan for the City of South Burlington.
Zoning regulations in effect for the subject property limit
the maximum height of structures to 35 feet and establish front
yard, side yard and rear yard set backs. The expansion proposed
in this case will comply with these dimensional requirements.
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Based on this, this Council concludes that the proposed develop-
ment complies with the Zoning Regulations of the City of South
Burlington.
5. 24 V.S.A. 4410(d) requires this Council to determine
whether the proposed construction is consistent with the "health,
safety and welfare of the municipality and the standards con-
tained in Subsection e.11 For the reasons set forth in conclu-
sions 1 through 4 above, this Council concludes that the proposed
project can be constructed consistent with the health, safety and
welfare of the City of South Burlington .
DECISION
The request of Russell and Janet Hill pursuant to 24 V.S.A.
4410 to expand a single-family residence on Hinesburg Road, in
accordance with plans filed with the Zoning Administrative Offi-
cer is approved.
Dated at South Burlington, Vermont this 28th day of
January, 1991.
CITY OF SOUTH BURLINGTON CITY COUNCIL
P"l A. Farrar, Chairman
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