HomeMy WebLinkAboutCU-07-07 SP-07-80 - Decision - 0002 Andrews Avenue#CU-07-07
#SP-07-80
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
DAVID M. and SUSAN GARROW — 2 ANDREWS AVENUE
CONDITIONAL USE APPLICATION #CU-07-07
SITE PLAN APPLICATION #SP-07-80
FINDINGS OF FACT AND DECISION
David and Susan Garrow, hereafter referred to as the applicants, are seeking site plan
and conditional use approval to construct a 484 sq. ft. addition to a single family dwelling
for use as an accessory residential unit, 2 Andrews Avenue.
The Development Review Board held a public hearing on Tuesday, November 6, 2007.
The applicants were present at the hearing.
Based on testimony provided at the above mentioned 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 site plan and conditional use approval to construct a
484 sq. ft. addition to a single family dwelling for use as an accessory residential
unit, 2 Andrews Avenue.
2. The owners of record of the subject property are David & Susan Garrow.
3. The subject property is located in the Residential 4 (R4) Zoning District.
4. The plan submitted consists of a two (2) page set of plans, page one (1) entitled,
"Plat of Survey David Garrow Property Lot No. 59 No. 2 Andrews Ave. So. Burl.
VT.", prepared by Warren A. Robenstein.
ACCESSORY RESIDENTIAL UNITS
Pursuant to Section 3.10(E)(1) of the proposed Land Development Regulations, in any
district where a single-family residence is a principal permitted use, one (1) accessory
residential unit within or attached to a primary single-family residence or within an existing,
permitted accessory structure may be permitted by the DRB in accordance with Article 14,
Site Plan Review, and the following additional criteria:
(a) Floor space of the accessory residential unit shall not exceed thirty percent (309/6) of
the total habitable area of the single-family dwelling unit.
The single family dwelling unit is 1636 SF. The accessory residential unit is proposed
to be 484 SF, or 29.6% of the habitable area of the principal dwelling. Thus, the
applicant is in compliance with this criterion.
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(b) The principal dwelling shall be owner occupied.
The applicants currently reside in the principal dwelling. This shall remain the case.
(c) Adequate wastewater capacity is available to service the accessory unit, as
demonstrated by the issuance of a Wastewater Allocation or on -site wastewater
permit pursuant to the South Burlington Sewage Ordinance.
If necessary, the applicant shall apply for wastewater allocation from Juli Beth Hinds,
Director of Planning and Zoning.
(d) Two additional off-street parking spaces shall be provided on the same lot, either in a
garage or a driveway, or not in any areas required to meet coverage limitations, or
any front yard other than a driveway, required by these Regulations.
The site plan shows a total of 4 parking spaces. This is sufficient to satisfy this
requirement.
(e) A zoning permit shall be required for the accessory residential unit.
The applicant shall obtain a zoning permit from the Administrative Officer for the
accessory residential unit.
SITE PLAN REVIEW STANDARDS
Section 14.06 of the South Burlington Land Development Regulations establishes the
following general review standards for all site plan applications:
(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.
There is adequate consideration given to pedestrian movement and parking on the site.
(b) Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
Parking is to the front and side of the building. However, given that the nature of the project
as a single-family residential use, this layout is 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 height of the existing home (26 ft) and the proposed addition (13 ft) are within the limits
specified by the South Burlington Land Development Regulations.
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(d) Newly installed utility services and service modifications necessitated by exterior
alterations or building expansions shall, to the extent feasible, be underground.
The applicant has not proposed any additional lighting as part of this application.
(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 principal residential dwelling and accessory unit are in compliance with this criterion.
(1) 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 principal residential dwelling and accessory unit are in compliance with this criterion.
Site plan applications shall meet the following specific standards as set forth in Section
14.07 of the South Burlington Land Development Regulations:
(a) 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.
(b) 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.
Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines,
services, and service modifications shall be underground.
(c) 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 the subject building is a single family residence, the Board understands that trash will be
maintained inside the building until time for trash pickup.
Traffic
This project will not generate a sufficient amount of traffic to warrant concern or further
review.
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CONDITIONAL USE CRITERIA
Pursuant to Section 3.10(E), Conditional Use Review by the Development Review Board
shall be required if the establishment of the accessory residential unit involves the
"construction of a new accessory structure, an increase in the height or floor area of the
existing single-family dwelling..... "
The DRB must find that the proposed uses will not adversely affect the following:
(a) The capacity of existing or planned municipal or educational facilities.
Educational facilities will not be affected, as the accessory apartment will be occupied by
no more than two individuals. The accessory apartment will not adversely affect other
municipal services.
(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 proposal is in keeping with residential uses on surrounding properties and will not
adversely affect the character of the area or the ability to develop adjacent properties.
(c) Traffic on roads and highways in the vicinity.
The addition of one or two residents will have negligible affects on traffic in the vicinity.
(d) Bylaws in effect.
The proposed project is in keeping with regulations, provided the applicant obtains water
and sewer allocation.
(e) Utilization of renewable energy resources.
The proposal will not affect renewable energy resources.
(0 General public health and welfare
The proposed accessory apartment will not have an adverse affect on general public
welfare.
DECISION
Motion by v A 141 4 V1 seconded by b� I� , to
approve Conditi nal Use Applica on #CU-07-07 and Site Plan Application #S -07-80 of
David M. & Susan Garrow, subject to the following conditions:
1) All previous approvals and stipulations, which are not superseded by this
approval, shall remain in effect.
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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 principal dwelling shall remain owner -occupied.
4) If necessary, the applicant shall obtain wastewater allocation approval from the
Director of Planning and Zoning, Juli Beth Hinds, prior to issuance of a zoning
permit.
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 -(yo,
Matthew Birming
John Dinklage
Roger Farley -
Eric Knudsen -
Peter Plumeau -
Gayle Quimby -1
iy/abstain/not present
m - &nay/abstain/not present
/nay/abstain/not present
may/abstain/not present
y ay/abstain/not present
nay/abstain/not present
nay/abstain/not present
Motion carried by a vote of I-L-0
Signed this _L day of >Z,a 2007, 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).
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