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HomeMy WebLinkAboutCU-01-30 - Decision - 0008 Keari Lane#CU-01-30 FINDINGS OF FACT AND DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: conditional use application #CU-01-30 of Cathy E. Tripp seeking conditional use approval from Section 26.05, Conditional Uses, and Section 26.75, Accessory Residential Units, of the South Burlington Zoning Regulations. Request is for permission for establishing an accessory residential unit in a single family dwelling, 8 Keari Lane. On the 24th of July, 2001, the South Burlington Development Review Board approved the conditional use application of Cathy E. Tripp under Section 26.05 and Section 26.75 of the South Burlington Zoning Regulations based on the following findings: 1. This project consists of a request under Section 26.05, Conditional Uses, and Section 26.75, Accessory Residential Units, of the South Burlington Zoning Regulations. The request is for permission for establishing an accessory residential unit in a single family dwelling, 8 Keari Lane 2. The owner of record is De a Bell.Jbo 3. This property is located within the Residential Two District. It is bounded on the north by Keari Lane, on the west by a single family residence, on the south by a single family residence, and on the east by a single family residence. 4. The proposed use was determined to comply with the stated purpose of the Residential Two District to "encourage lower moderate -density residential use." The proposed use will not adversely affect: a) the capacity of existing or planned community facilities. No effect expected. b) the character of the area affected. No adverse effect is expected. c) traffic on roads or highways in the vicinity. The proposed use is not expected to affect 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 effect 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. Information provided by the applicant indicates that the accessory residential unit will not exceed the size limitation of 30%. c) The primary single-family residence is occupied by the owner. 6. 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-01-30 of Cathy E. Tripp seeking conditional use approval from Section 26.05, Conditional Uses, and Section 26.75, Accessory Residential Units, of the South Burlington Zoning Regulations. Request is for permission for establishing an accessory residential unit in a single family dwelling, 8 Keari Lane, as depicted on a one (1) page set of plans entitled "Sketch Plan Proposed Addition", with a stamped received date of 7/24/01, 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: 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. 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. A � e j '?/-7/"1 Chair or Clerk IV I Date 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).