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HomeMy WebLinkAboutMS-07-10 - Decision - 0117 Holmes Road#MS-07-10 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING TERRY & SALLY RYAN -117 HOLMES ROAD MISCELLANEOUS APPLICATION #MS-07-10 FINDINGS OF FACT AND DECISION Terry and Sally Ryan, hereinafter referred to as the applicants, are seeking miscellaneous approval to remove an existing seasonal camp and replace it with a single family dwelling with a 1482 sq. ft. building footprint, 117 Holmes Road. The Development Review Board held a public hearing on Tuesday, September 18, 2007. Paul Boisvert 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 miscellaneous approval to remove an existing seasonal camp and replace it with a single family dwelling with a 1482 sq. ft. building footprint, 117 Holmes Road. 2. The owners of record of the subject property are Joshua and Sara Ryan Kruk. 3. The subject property is located in the Lakeshore Neighborhood Zoning District. 4. The plans submitted consist of a four (4) page set of plans, page one (1) entitled, "Existing conditions Site Plan", prepared by Civil Engineering Associates, Inc., dated April 24, 2007. Table 1. Dimensional Requirements LN Zoning District Required Proposed Min. Lot Size 12,000 SF 15,630 SF Max. Building Coverage 20% 10.4% Max. Overall Coverage 40% 15.3% Min. Front Setback 20 ft. 41 ft Min. Side Setback 10 ft. 10 ft. Min. Rear Setback 30 ft. 74 ft. zoning compliance #MS-07-10 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. 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, nor will it have an 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 single family home will generate any additional traffic. Any traffic that is generated by this home will be negligible in its effect on the neighborhood and will hardly be more than is present today from the existing camp. (d) Bylaws in effect. The proposed project meets all of the dimensional standards of the zoning district. (e) Utilization of renewable energy resources. The proposed project will not likely affect renewable energy resources. -2— #MS-07-10 (0 General public health and welfare. The proposed project will not likely have an adverse affect on general public welfare. SITE PLAN REVIEW STANDARDS Pursuant to Sections 14.06 and 14.07 of the Land Development Regulations, the proposed conditional use shall meet the following standards: (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. The proposed project has been planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement. (b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. Parking is to the front 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 applicant has stated that the proposed structure will be approximately 24.5 feet in height, which is in compliance with Section 4.07(E) and 4.08(F) of the 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. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. (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 applicant has submitted architectural renderings of the proposed home. This requirement is being met. -3— #MS-07-10 (fl 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 applicant has submitted architectural renderings of the proposed home. This requirement is being met. (g) 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. (h) 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. It has already been stated that any new utility lines, services, and service modifications shall be underground. (i) 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 this is a single-family residential lot, it is unlikely that this criterion would apply. Q) Landscaping and Screening Requirements The proposed project does not require additional landscaping or screening under the South Burlington Land Development Regulations. Furthermore, no trees or shrubs are proposed to be removed in order to accommodate the addition and so none are required to be replaced. Pre -Existing Structures along Lake Champlain and within Queen City Park This proposed expansion shall be reviewed under Section 12.01(D) of the South Burlington Land Development Regulations 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 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: -4— #MS-07-10 a) The structure to be expanded or reconstructed was originally constructed on or before April 24, 200. The existing structure meets this criterion. 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 proposed expansion meets this criterion: the new home is 43.3% larger than 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 an erosion control plan which is acceptable. 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 that most trees will remain or be relocated. However, one existing pine along the northern property line is proposed to be removed. The Board recommends that this be replaced elsewhere on the site with trees of similar value, as approved by the City Arborist. OTHER The plans include a note to convert the existing chimney to a fire pit. Open burning is not permitted within the City of South Burlington. The Board advises that the applicant discuss the proposed fire pit with the Fire Department. Although this is not under the control of the South Burlington Land Development Regulations, the Board recommends that it be on the record that they are not endorsing anything which may conflict with any City ordinance. -5— i #MS-07-10 DECISION Motion by GA1 I-Z �utk46V seconded by 1& 1D- ( )-� � C� to approve Miscellaneous Application #MS-07-10 of Terry & Sally Ryan, 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 plans shall be revised to show the changes below and shall require approval of the Administrative Officer. Three (3) copies of the approved revised plans shall be submitted to the Administrative Officer prior to permit issuance. a. The plans shall be revised to show additional landscaping (trees) on the property in consultation with the City Arborist to offset the removal of a large pine tree on the north side of the proposed house. 4. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 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/abstain/not present Matthew Birmingham - rye Gnay/abstain/not present John Dinklage ay/abstain/not present Roger Farley e `nay/abstain/not present Eric Knudsen - e /_nay/abstain/not present Peter Plumeau - ay/abstain/not present Gayle Quimby - ea/nay/abstain/not present Motion carried by a vote of I- D - C) Signed this day of 2­0- 2007, by John Dink age, Chair -6- #MS-07-10 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). -7—