HomeMy WebLinkAboutCU-10-07 - Decision - 0101 Holmes Road#CU-10-07
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
KATHLEEN AND THOMAS EASTON — 101 HOLMES ROAD
CONDITIONAL USE APPLICATION #CU-10-07
FINDINGS OF FACT AND DECISION
Kathleen & Thomas Easton, hereinafter referred to as the applicants, are seeking
conditional use approval to: 1) reconstruct a single family dwelling and increase its
footprint by 50%, and 2) allow the height of the reconstructed structure to exceed the 25
foot height limit by 9.4ft for a total height of 34.4 ft, 101 Holmes Road.
The Development Review Board held a public hearing on June 1 and June 15, 2010.
Dave Marshall 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 applicants are seeking conditional use approval to: 1) reconstruct a single family
dwelling and increase its footprint by 50%, and 2) allow the height of the reconstructed
structure to exceed the 25 foot height limit by 9.4ft for a total height of 34.4 ft, 101
Holmes Road.
2. The application was received on May 10, 2010.
3. The owners of record of the subject property are Kathleen and Thomas Easton.
4. The subject property is located in the Lakeshore Neighborhood Zoning District and the
Floodplain Overlay District.
5. The plans submitted consist of a nine (9) page set of plans, page one (1) entitled,
"Easton House 101 Holmes Road South Burlington Vermont", prepared by Civil
Engineering Associates, Inc., dated February, 2010.
Table 1. Dimensional Requirements
LN Zonin District
Require
Proposed
Min. Lot Size
Max. Building Coverage
12,000 SF
20%
1.07 acres
4.5%
Max. Overall Coverage
40%
13.6%
Min. Front Setback
20 ft.
>20 ft
�l Min. Side Setback
10 ft.
>10 ft.
Min. Rear Setback
30 ft.
>30 ft.
Maximum Height
25 ft.
>30 ft.
4 zoning compliance
1
11Development Review Boa rd\Findings_Decisions\2010\Easton_CU1007_ffd.doc
#CU-10-07
The maximum height for all structures shall be no more than twenty-five feet above the
average pre -construction grade adjoining such structure.
The elevations show that the home is proposed to be 34'4" from the average pre -
construction grade to the mid -point of the tallest portion and the eaves.
Section 4.08 (referred to from Section 4.07(E) states that the maximum height of a
structure in the district may be increased to thirty-five feet if approved by the
Development Review Board subject to the provisions of Article 14, Conditional Use
Review. In addition, the Development Review Board shall determine hat the proposed
increase in height will not affect aversely:
a) views of adjoining and/or nearby properties;
b) access to sunlight of adjoining and/or nearby properties; and
c) adequate on -site parking
The Board has thoroughly reviewed the application for compliance with these criteria,
has visited the site, and has spoken with the applicant. The subject property is an
unusually large lot in the district, measuring over 1 acre in size. If any property were to
be adversely affected with respect to access to sunlight, it would be those to the north
and east. The home to the east is approximately 300 feet away, and there are no homes
to the north closer than 200 feet. Shadows from this size home will not extend close
enough to block access to sunlight of these properties. The applicant will be prepared to
talk more about this at the hearing. With respect to views, the Maher property to the east
appears to be the only one to be potentially impacted by the taller building. It appears
based on the site plan that the optimal view remains slightly to the north of the newly
proposed home, and not through the thickest portion of trees and growth which lie
between their home and the newly proposed one. Although their home is more than 300
feet to the east, the Board has carefully considered testimony and evidence with respect
to this criterion.
The Board discussed the applicant's request for a height waiver and did not express any
concerns.
Parking on site is more than adequate.
CONDITIONAL USE CRITERIA
Pursuant to Section 12.01(D) of the South Burlington Land Development Regulations,
the proposed structure shall be reviewed as a conditional use and shall meet the
following standards:
The proposed use, in its location and operation, shall be consistent with the
planned character of the area as defined by the City of South Burlington
Comprehensive Plan.
The proposed project is consistent with the planned character of the area, as defined by
the Comprehensive Plan. According to Section 4.08(A) of the Land Development
Regulations, the Lakeshore Neighborhood Zoning District is formed in order to
encourage residential use at densities and setbacks that are compatible with the existing
character of the Lakeshore neighborhoods located in the vicinity of Bartlett Bay Road
2
I:\Development Review Boa rd\Findings_Decisions\2010\Easton_CU1007_ffd.doc
#CU-10-07
and Holmes Road. It is designed to promote the area's historic development pattern of
smaller lots and reduced setbacks. This district also encourages the conversion of
seasonal homes to year round residences.
The proposed use shall conform to the stated purpose of the district in which the
proposed use is located.
The proposed project is consistent with the stated purpose of the Lakeshore
Neighborhood District, which is "to encourage residential use at densities and setbacks
that are compatible with the existing character of the lake shore neighborhoods located
in the vicinity of Bartlett Bay Road and Homes Road. "
The Development Review Board must find that the proposed uses will not
adversely affect the following:
(a) The capacity of existing or planned municipal or educational facilities.
The proposed project will not adversely affect municipal services. This new home will
have no impact on educational facilities.
(b) The essential character of the neighborhood or district in which the
property is located, nor ability to develop adjacent property for appropriate
uses.
The proposed project will not have an adverse affect on the character of the
neighborhood or zoning district that this property falls within.
(c) Traffic on roads and highways in the vicinity.
It is extremely unlikely that this proposed addition will generate any additional traffic.
Any traffic that is generated by the newer home will be negligible in its effect on the
neighborhood.
(d) Bylaws in effect.
The proposed addition meets all of the dimensional standards of the zoning district, with
the exception of height as noted above.
(e) Utilization of renewable energy resources.
The proposed project will not likely affect renewable energy resources.
(0 General public health and welfare.
The proposed project will not likely have an adverse affect on general public welfare.
Pre -Existing Structures along Lake Champlain and within Queen City Park
This proposed expansion shall be reviewed under Section 12.01(D) of the SBLDR which
includes all lands within one hundred fifty feet horizontal distance of the high water
elevation of Lake Champlain. The expansion and reconstruction of pre-existing
3
I:\Development Review Board\Findings_Decisions\2010\Easton_CU1007_ffd.doc
#CU-10-07
structures on these lands may be approved by the DRB as a conditional use provided
the requirements of the underlying zoning district and the following standards are met:
a) The structure to be expanded or reconstructed was originally constructed on or
before April 24, 2000.
The existing structure meets this criterion. The applicant states that the primary
structure was constructed in 1950.
b) The expanded or reconstructed structure does not extend any closer, measured
in terms of horizontal distance, to the applicable high water elevation or stream
centerline than the closest point of the existing structure.
The proposed expansion is no closer to the lake than the existing structure.
c) The total building footprint area of the expanded or reconstructed structure shall
not be more than fifty percent larger than the footprint of the structure lawfully
existing on April 24, 2000.
The home was 1375 square feet prior to April 24, 2000. The proposed new
construction is 2062 SF in footprint and therefore meets this criterion (maximum
of 2062.5 allowed): the total of the expansion is approximately 50% larger than
the footprint of the existing structure.
d) An erosion control plan for construction is submitted by a licensed engineer
detailing controls that will be put in place during construction or expansion to
protect the associated surface water.
The applicant has submitted a sufficient and well -planned erosion control plan.
e) A landscaping plan showing plans to preserve, maintain and supplement existing
trees and ground cover vegetation is submitted and the DRB finds that the
overall plan will provide a visual and vegetative buffer for the lake and/or stream.
The plan indicates existing landscaping on the property which primarily consists
of a monoculture of trees and shrubby undergrowth. The applicant has submitted
a detailed Riparian Corridor Restoration Plan which outlines the goals for
landscaping and seeding on the property.
12.01 General Stream and Surface Water Protection Standards
A. Purpose. It is the purpose of this Section to provide for the protection and
improvement of the surface waters and streams within the City of South Burlington, Lake
Champlain and Shelburne Bay, and the watersheds contained wholly or partially within
the City. These regulations and standards are intended to lead to the establishment and
protection of natural areas along the City's surface waters to provide improved protection
for water quality and the provision of open space areas and wildlife habitat.
Section 12.01(C)(1)(e) applies:
C. Surface Water Buffer Standards ("Stream Buffers")
4
I:\Development Review Board\Findings_Decisions\2010\Easton_CU1007_ffd.doc
#CU-10-07
(e) All land within one hundred fifty (150) feet horizontal distance of the high water
elevation of Lake Champlain, which for purposes of these regulations shall be one
hundred two (102) feet above mean sea level datum.
(2) General standards. It is the objective of these standards to promote the
establishment of heavily vegetated areas of native vegetation and trees in order to
reduce the impact of stormwater runoff, reduce sedimentation, and increase infiltration
and base flows in the City's streams and Lake Champlain. Therefore, except as
specifically permitted by the DRB pursuant to the standards in Section 12.01(C)(3),
(C)(4), (D) and/or (E) below, all lands within a required stream buffer defined above
shall be left in an undisturbed, naturally vegetated condition. Supplemental planting and
landscaping with appropriate species of vegetation to achieve these objectives shall be
permitted. The specific standards for the vegetation and maintenance of stream buffers
are as follows:
(a) The clearing of trees that are not dead, heavily damaged by ice storms
or other natural events, or diseased, and the clearing of any other vegetation other than
invasive species, is permitted only in conjunction with DRB approval pursuant to (3) or
(4) below.
(b) Any areas within a required stream buffer that are not vegetated or that are disturbed
during construction shall be seeded with a naturalized mix of grasses rather than
standard lawn grass, and shall not be mowed more than one (1) time per calendar year
after establishment.
(c) The creation of new lawn areas within stream buffers is not permitted after the
effective date of these regulations.
There shall be no clearing of trees on the site with the exception of those which meet the
standards outlined above.
(3) Expansion of pre-existing structures within stream buffers. The expansion of pre-
existing structures within stream buffers, except as provided in Section D below, shall be
permitted only in accordance with the standards for non -complying structures in Article
3, Section 3.11 of these Regulations.
D. Pre -Existing Structures along Lake Champlain and within Queen City Park
(1) Applicability. The provisions of this section shall apply to preexisting structures
within the areas defined as follows. -
(a) All lands within one hundred fifty (150) feet horizontal distance of the high water
elevation of Lake Champlain, which for purposes of these regulations shall be one
hundred two (102) feet above mean sea level datum;
(b) All lands within the Queen City Park zoning district located within one hundred (100)
feet horizontal distance of the centerline of Potash Brook.
(2) Expansion and construction of pre-existing structures. Within the areas defined
in Section (D)(1) above, the expansion and reconstruction of pre-existing structures may
be approved by the DRB as a conditional use provided the requirements of the
underlying zoning district and the following standards are met:
(a) The structure to be expanded or reconstructed was originally constructed on or
before April 24, 2000. For purposes of these Regulations, expansion may include the
construction of detached accessory structures including garages and utility sheds.
(b) The expanded or reconstructed structure does not extend any closer, measured in
terms of horizontal distance, to the applicable high water elevation or stream centerline
than the closest point of the existing structure.
5
11Development Review Boa rd\Findings_Decisions\2010\Easton_CU1007_ffd.doc
#CU-10-07
(c) The total building footprint area of the expanded or reconstructed structure shall not
be more than fifty percent (50%) larger than the footprint of the structure lawfully existing
on April 24, 2000. For purposes of these regulations, reconstruction may include razing
the existing structure and/or foundation and constructing a new structure in accordance
with the provisions of the underlying zoning district regulations and this section.
(d) An erosion control plan for construction is submitted by a licensed engineer detailing
controls that will be put in place during construction or expansion to protect the
associated surface water.
(e) A landscaping plan showing plans to preserve, maintain and supplement existing
trees and ground cover vegetation is submitted and the DRB finds that the overall plan
will provide a visual and vegetative buffer for the lake and/or stream.
(3) Erosion control measures and water -oriented development along Lake
Champlain. Within the area along Lake Champlain defined in Section
(D)(1)(a) above, the installation of erosion control measures and water -oriented
development may be approved by the DRB as a conditional use provided the following
standards are met:
(a) The improvement involves, to the greatest extent possible, the use of natural
materials such as wood and stone.
(b) The improvement will not increase the potential for erosion.
(c) The improvement will not have an undue adverse impact on the aesthetic integrity of
the lakeshore. In making a determination pursuant to this criterion, the DRB may request
renderings or other additional information relevant and necessary to evaluating the
visual impact of the proposed improvement.
(d) A landscaping plan showing plans to preserve, maintain and supplement existing
trees and ground cover vegetation is submitted and the
DRB finds that the overall plan will provide a visual and vegetative buffer for the lake
and/or stream.
The Board has already discussed these issues above in this report. The applicant has
also submitted a stormwater management and erosion control plan as well as a riparian
corridor restoration plan. The applicant has also addressed the Class III wetlands on the
site, along with their functions and values in a report from a wetland professional. The
Board has reviewed all of the aforementioned documents and has no concerns with the
proposal with respect to the above criteria relating to construction along the Lakeshore.
FLOOD PLAIN OVERLAY DISTRICT
The subject property lies within the Floodplain Overlay District as outlined in the
SBLDRs. The existing home and proposed home are at least partially within the overlay.
The South Burlington Land Development Regulations are very specific about what may
and may not be built in this overlay district, and single family homes are not permitted
unless in conjunction with agriculture, park, or recreation facilities. The Floodplain
Overlay District map is out of date and in some places inaccurate. FEMA has been
working on redrawing the maps using proper ground delineations and a map of the new
boundaries is available in draft form. However, it is only a draft and has not yet been
adopted. The proposed home would be OUTSIDE of the new boundary. However, again,
this is only a draft and is not official until adopted. At the last meeting, the Board advised
the applicant to seek a letter of map amendment which would ensure that the subject
structure is outside of the flood plain overlay. The federal map for delineated flood plains
supersedes the local overlap map. The applicant has received a LOMA dated 6/8/2010.
6
I:\Development Review Boa rd\Findings_Decisions\2010\Easton_CU1007_ffd.doc
#CU-10-07
Therefore, the Board does not find that the Flood Plain Overlay District regulations apply
to the proposed development on this property.
DECISION
Motion by (; . 1 / J seconded by b6C-4 foLs,/'t.
approve Conditi nal Use Applicatio #SP-10-07 of Kathleen and Thomas Easton 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. There shall be no clearing of trees on the site with the exception of that which meets
the standards outlined in Section 12.01 C(2) of the SBLDR.
4. The Board grants the applicant's request for a height waiver of 9'4", for a building
height of 344" from the average pre -construction grade.
5. 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.
6. Any change to the site plan shall require approval by the South Burlington
Development Review Board or the Administrative Officer.
Mark Behr —yea/nay/abst in of present
Matthew Birmingha a nay/abstain/not present
John Dinklage
nay abstain/not present
Roger Farley —
e /nay/abstain/not present
Eric Knudsen —
e ay/abstain/not present
Gayle Quimby
a nay/abstain/not present
Bill Stuono —ye
/nay/abstain/not present
Motion carried by a vote of
Sign
0, by
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 $250.00. 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).
7
(:\Development Review Board\Findings_Decisions\2010\Easton_CU1007_ffd.doc