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HomeMy WebLinkAboutMS-04-01 - Decision - 1600 Hinesburg RoadCITY of SOUTH BURLINGTON DEPARTMENT of PLANNING & ZONING MIKE ANDERSON — 1600 HINESBURG ROAD MISCELLANEOUS APPLICATION #MS-04-01 FINDINGS of FACT AND DECISION Mike Anderson, hereafter referred to as the applicant, is requesting approval to construct a single-family residence in a Southeast Quadrant "restricted area" on a lot that was in existence on June 22, 1992, 1600 Hinesburg Road. The Development Review Board held a public meeting on June 15, 2004, but continued it to July 6, 2004, so that the applicant's wetland consultant could be on -hand to address wetland issues for the proposed project. Skip McClellan, and Cathy O'Brien 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 approval to construct a single-family residence in a Southeast Quadrant "restricted area" on a lot that was in existence on June 22, 1992, 1600 Hinesburg Road. 2. The owner of record is Mike Anderson. 3. The subject application was reviewed pursuant to Section 9.06 of the South Burlington Land Development Regulations. 4. The plans consist of one (1) sheet entitled "Anderson Property — South Burlington — Vermont — Single Family Home - Site Plan", prepared by Llewellyn —Howley, Inc. on January 12, 2004, last revised on June 15, 2004. This application shall be reviewed under Section 9.06(C) of the Land Development Regulations. The Development Review Board, taking into consideration the standards set forth below, may approve construction of one single-family residence in the restricted area on a lot that was in existence on June 22, 1992 if such lot is: (a) Located entirely within a restricted area; or The subject property is not located entirely within a restricted area. (b) Located substantially within a restricted with an insufficient portion of the lot located in the development area to accommodate construction and use of a single-family residence. The majority of the subject property is identified as a restricted area on the Official Southeast Quadrant Zoning Map. There are two areas of the property that are identified as development areas on the Official Southeast Quadrant Zoning Map. One is the entire easterly portion of the subject property and the other is a small pocket along the northerly property boundary, directly south of the right-of-way off of Kendrick Drive. Both of these development areas pose problems for the development of a single-family dwelling. The large development area that comprises the easterly portion of the property is also identified as a woodland/wildlife habitat on the Official Southeast Quadrant Zoning Map. This area, if preserved as open space, would contribute to an open space corridor running southwest from the Muddy Brook. Thus, this portion of the subject property is not an ideal location for the development of a single-family dwelling. The small development area along the northerly property boundary is actually consumed by a Class II wetland and therefore is not appropriate for the construction and use of a single-family dwelling. The proposed location of the single-family dwelling is in a restricted area. This area has been identified as restricted due to the wetlands on the subject property. The applicant has had a wetland professional, Cathy O'Brien, delineate the wetlands on the subject property. Her findings were that the actual wetlands boundaries were not consistent with the boundary of the restricted area, as depicted on the Official Southeast Quadrant Zoning Map. The footprint of the proposed dwelling is outside of the delineated wetlands and their associated 50' buffers. The proposed access drive extends off of Hinesburg Road and will encroach into a Class II wetland buffer and a Class III wetland buffer. The encroachment into the Class II wetland buffer will require a Conditional Use Determination (CUD) from the State of Vermont. The South Burlington Natural Resources Committee (NRC) has endorsed the location of the proposed single-family dwelling and the proposed access drive. The footprint of the dwelling will not encroach into any wetlands on the subject property and will avoid disturbing the woodland/wildlife habitat area that could contribute to a larger open space corridor extending from the Muddy Brook. Access to the house will be provided by a driveway off from Hinesburg Road. The location of the proposed single-family dwelling is incorporated into the applicant's sketch plan for the property, in which the applicant is requesting approval to subdivide the property into three lots and construct three single-family dwellings. DECISION Motion by Mark Boucher, seconded by Larry Kupferman, to approve Miscellaneous Application ##MS-04-01, subject to the following conditions: 1. All previous approvals and stipulations shall remain in full effect, except as amended herein. 2. This project shall be completed as shown on the plans submitted by the applicant, as amended by this decision, and on file in the South Burlington Department of Planning & Zoning 3. The Development Review Board approves the construction of one (1) single-family dwelling in a "restricted area" on the subject property, pursuant to Section 9.08(C) of the South Burlington Land Development Regulations. 2 4. The plans shall be revised to depict the proposed access drive extending off of Hinesburg Road located as far to the south and possible and three (3) copies submitted, prior issuance of a zoning permit. 5. The applicant shall obtain a zoning permit within six (6) months of this decision, or this approval is null and void. 6. Any changes to the site plan shall require approval of the South Burlington Development Review Board. Chuck Bolton - yea/nay/abstain/not present Mark Boucher - yea/nay/abstain/not present John Dinklage - yea/nay/abstain/not present Roger Farley - yea/nay/abstain/not present Michele Kupersmith - yea/nay/abstain/not present Larry Kupferman - yea/nay/abstain/not present Gayle Quimby - yea/nay/abstain/not present Motion Carried by a vote of 5 — 1 — 0 Signed this day of July, 2004 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). 3