HomeMy WebLinkAboutCU-01-12 - Decision - 0119 Holmes Road#CU-00-12
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, conditional use application of Douglas & Lynn Dapice under Section 3.506 and
Section 26.05 of the South Burlington Zoning Regulations to replace a 30-foot by 12-foot deck with a 28
foot by 12-foot deck in the Lakeshore Neighborhood District, 119 Holmes Road.
On the 6th of June, 2000, the South Burlington Development Review Board approved the conditional
use application under Section 26.05 and Section 3.506 of the South Burlington Zoning Regulations
based on the following findings:
1. The project consists of replacing a rear deck 30-foot by 12-foot in dimension with a 28 foot by 12-foot
deck in the Lakeshore Neighborhood District, 119 Holmes Road.
2. The owners of record are Douglas and Lynn Dapice.
3. This property is located in the Lakeshore Neighborhood and Conservation Open Space Districts. It
is bounded on the east by Holmes Road, on the north by a single-family residence, on the west by Lake
Champlain, and on the south by a single-family residence.
4. Criteria of 3.506 (for water oriented structures)
d) The proposed steps and walkway leading down to the lake will:
1) to the greatest extent possible use natural materials such as wood. The applicant has indicated that
the new structure would remain a natural wood color and not be painted.
2) not increase the potential for erosion.
3) not have an undue adverse impact on the aesthetic integrity of the lakeshore.
4) result in minimal removal of trees, shrubs, and ground cover
e) Existing trees and ground cover shall be preserved and maintained to enhance the aesthetic integrity
of the lake shore, provide a visual buffer from the lake and an absorption area for erosion prevention.
5. Conditional Use Criteria:
The proposed use complies with the stated purpose of the Lakeshore Neighborhood District 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 Holmes Road."
The proposed use will not adversely affect:
a) the capacity of existing or planned community facilities. No affect expected.
b) the character of the area affected. No adverse affect is expected.
c) traffic on roads or highways in the vicinity. The proposed use is not expected to impact traffic.
d) bylaws in effect. The proposal is in conformance with the zoning regulations.
e) utilization of renewable energy resources. There is no utilization of renewable energy resources to be
affected.
f j general public health and welfare. No adverse affect expected.
DECISION AND CONDITIONS
Based on the above Findings of Fact, the South Burlington Development Review Board approves the
conditional use application #CU-00-12 of Douglas & Lynn Dapice under Section 3.506 and Section
26.05 of the South Burlington Zoning Regulations to replace a 30-foot by 12-foot deck with a 28 foot by
12-foot deck in the Lakeshore Neighborhood District, 119 Holmes Road, as depicted on a plan entitled
"Lynn and Doug Dapice, 119 Holmes Road Ext., S. Burlington, VT 05403", with a stamped received date
of June 6, 2000, with the following stipulations:
1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect.
2. The deck shall be constructed of natural wood materials and shall remain natural in color or be stained
or painted a natural wood color.
3. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 27.302 of the
Zoning Regulations or this approval is null and void.
4. Any change to the site plan or appearance of the deck shall require approval by the South Burlington
Development Review Board.
Chair or Clerk
C--South Burlington Development Review Board
Date
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