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HomeMy WebLinkAboutCU-01-04 - Decision - 0006 Iby Street#CU-01-04 FINDINGS OF FACT AND DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, conditional use application #CU-01-04 of Sarah Chausse under Section 26.05 and Section 26.75 of the South Burlington Zoning Regulations to create a 552 square foot accessory residential unit within the existing single family dwelling at 6 lby Street. On the 20th of March, 2001, the South Burlington Development Review Board approved the conditional use application of Sarah Chausse under Section 26.05 and Section 26.75 of the South Burlington Zoning Regulations based on the following findings: 1. This applicant sought conditional use approval under Section 26.05, Conditional Uses, and Section 26.75, Accessory Residential Units, of the South Burlington Zoning Regulations. Request is for permission to create a 552 square foot accessory residential unit within the existing single family dwelling at 6 Iby Street. 2. The owner of record is Sarah Chausse. 3. The property at 6 Iby Street is located in the Residential Four District. It is bounded on the east by a single family residence, on the north by a single family residence, on the west by a single family residence, and on the south by Iby Street. 4. The proposed use complies with the stated purpose of the Residential Four District to "encourage residential use at moderate densities that are compatible with existing neighborhoods and undeveloped land adjacent to those neighborhoods." 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 was not expected to impact traffic. d) bylaws in effect. The proposal is in conformance with the zoning regulations. e) utilization of renewable resources. There is no utilization of renewable energy resources to be affected. f) general public health and welfare. No adverse affect is expected. 5. Section 26.75 of the Zoning Regulations: The occupancy of this accessory unit will be limited to the conditions of Section 26.75 of the Zoning Regulations including: a) Occupancy of the accessory residential unit is restricted to not more than two (2) persons, one of whom is related by blood or marriage to the owner of the primary single-family residence, or is disabled as defined in subdivision 252(2) of Title 18, or is at least 55 years of age. b) Floor space of the accessory residential unit shall not exceed 30% of the floor space of the existing living area of the primary single-family residence or 400 square feet, whichever is greater. c) The primary single-family residence is occupied by the owner. The applicant was made aware of these conditions and did not have a problem with them. DECISION AND CONDITIONS Based on the above Findings of Fact, the South Burlington Development Review Board approves conditional use application #CU-01-04 of Sarah Chausse under Section 26.05 and Section 26.75 of the South Burlington Zoning Regulations to create a 552 square foot accessory residential unit within the existing single family dwelling at 6 Iby Street, as depicted on a three (3) page set of plans, page one entitled "Sketch/Area Table Addendum, 6 lby Street", with a stamped received date of 2/26/01, with the following stipulations: 1) All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2) The occupancy of this accessory unit will be limited to the conditions of Section 26.75 of the Zoning Regulations including: d) Occupancy of the accessory residential unit is restricted to not more than two (2) persons, one of whom is related by blood or marriage to the owner of the primary single-family residence, or is disabled as defined in subdivision 252(2) of Title 18, or is at least 55 years of age. e) Floor space of the accessory residential unit shall not exceed 30% of the floor space of the existing living area of the primary single-family residence or 400 square feet, whichever is greater. f) The primary single-family residence is occupied by the owner. 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 shall require approval by the South Burlington Development Review Board. Chair or Clerk ate South Burlington Development Review Board Please Note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 V.S.A. § 4471 and V.R.C.P. 76, in writing, within 30 days of the date this decision is issued. The fee is $150.00. 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 V.S.A. § 4472(d) (exclusivity of remedy; finality).