HomeMy WebLinkAboutAgenda 06A_CU-19-07_89 Hadley Rd_Truax_SCCITY OF SOUTH BURLINGTON
DEVELOPMENT REVIEW BOARD
CU‐19‐07_89 Hadley Rd_Truax_2019‐10‐15.docx
DEPARTMENT OF PLANNING & ZONING
Report preparation date: October 10, 2019
Application received: March 13, 2018
89 Hadley Road
Conditional Use Application #CU‐19‐07
Meeting date: October 15, 2019
Applicant
Ashley Truax
89 Hadley Road
South Burlington, VT 05403
Owners
Devin Praino and Ashley Truax
89 Hadley Road
South Burlington, VT 05403
Engineer
Button Professional Land Surveyors, PC
20 Kimball Ave Suite 102
South Burlington, VT 05403
Property Information
Tax Parcel ID 0750‐00089
Residential 4 Zoning District
PROJECT DESCRIPTION
Conditional use application #CU‐19‐07 of Ashley Truax to construct a 795 sq. ft. addition to an existing
single family home to be used as a garage and 552 sq. ft. accessory residential unit, 89 Hadley Road.
CU-19-07 89 Hadley Rd
CONTEXT
The Project is located within the Residential 4 zoning district. The applicant is proposing to renovate an
existing single family home by expanding the first floor footprint, adding a second floor, demolishing the
existing single car garage, and constructing a new attached two car garage with an accessory residential
unit located above the garage.
This project is subject to review under the LDRs covering the R4 zoning district, the accessory residential
unit standards of 3.10, and Section 14.10 conditional uses.
COMMENTS
Development Review Planner Marla Keene and Director of Planning and Zoning Paul Conner have
reviewed the plans submitted on September 9, 2019 and offer the following comments. Numbered items
for the Board’s attention are in red.
Zoning District & Dimensional Requirements:
R4 Zoning District Required Existing Proposed
@ Min. Lot Size 9,500 SF 8,759 SF
1 No change
Max. Building Coverage 20 % 12% 20.0%
Max. Overall Coverage 40 % 28% 34.8%
@ Min. Front Setback 30 ft. 23.1 ft. 24.0 ft.
2
@ Min. Side Setback 10 ft. 9.5 ft. 5.2 ft.
3
Min. Rear Setback 30 ft. 65.9 ft. 58.0 ft.
Max Height, pitched roof 28 ft. <28 ft. <28 ft.
4
√ Zoning Compliance
@ Existing nonconforming
1. Not in compliance but qualifies under 3.05(D) as a pre‐existing small lot
2. The applicant is proposing to slightly reduce the existing non‐conformity by modifying the
roof overhang.
3. 3.06J(1) allows lots which have existed in their current configuration since prior to
February 28, 1974 to encroach into the side or rear setback a distance equal to 50% of
the side or rear setback requirement of the district, but in no event shall the structure
have a side setback of less than five (5) feet. 3.06J(1) does not require DRB approval.
4. The applicant has not provided documentation other than an affirmative statement the
height will be less than 28 feet. The applicant intends to add a second story to the existing
one‐story building.
1. Staff recommends the Board consider whether to require a specific measurement of
the proposed height.
3.10 ACCESSORY RESIDENTIAL UNITS
One (1) accessory residential unit constructed within or attached to a primary single‐family dwelling or
within an existing, permitted accessory structure shall be a permitted single family use, in accordance
with the following criteria:
(1) Floor space of the accessory residential unit shall not exceed thirty percent (30%) of the total
habitable area of the single‐family dwelling unit.
CU-19-07 89 Hadley Rd
The habitable area of the principal dwelling unit, after the proposed renovations, will be 1879
square feet. The proposed habitable area of the accessory residential unit is 552 square feet,
or 29.3% of the habitable area of the principal dwelling unit. Staff considers this criterion met.
(2) The principal dwelling shall be owner‐occupied.
The applicant has provided an affirmative statement in their application materials that this
criterion will be met.
(3) The accessory dwelling unit shall be an efficiency or one‐bedroom unit.
The accessory dwelling unit is proposed to be one bedroom. Staff considers this criterion met.
(4) Adequate wastewater capacity is available to service the accessory unit, as demonstrated
by issuance of a Wastewater Allocation or on‐site wastewater permit pursuant to the South
Burlington Ordinance Regulating the use of Public and Private Sanitary Sewerage and
Stormwater Systems.
Staff recommends the Board require the applicant to submit an application for wastewater
allocation prior to issuance of a zoning permit.
(5) Two (2) additional off‐street parking spaces shall be provided on the same lot, either in a
garage or in a driveway, and not in any areas required to meet coverage limitations, or any
front yard area other than a driveway, required by these Regulations.
The applicant is proposing to reconfigure their existing driveway. The minimum number of
parking spaces for the principal dwelling unit is two, which will be provided in the proposed
two‐car garage. The reconfigured driveway will accommodate an additional an additional two
to three cars. Staff considers this criterion met.
(6) If occupancy of the unit is to be restricted in the deed of the single‐family home to a disabled
person, no additional off‐street parking is required.
This criterion is not applicable.
(7) A zoning permit shall be required for each accessory residential unit.
Staff recommends the Board require the applicant to obtain a zoning permit prior to
beginning construction.
CONDITIONAL USE CRITERIA
Pursuant to Section 3.10E of the South Burlington Land Development Regulations (Accessory Structures
and Uses), the proposed structure shall be reviewed as a conditional use and shall meet the following
standards of Section 14.10(E):
14.10(E) General Review Standards. The Development Review Board shall review the proposed
conditional use for compliance with all applicable standards as contained in these regulations. The
proposed conditional use shall not result in an undue adverse effect on any of the following:
(1) The capacity of existing or planned community facilities.
Staff considers this project will have no adverse effect upon community facilities.
(2) The character of the area affected, as defined by the purpose or purposes of the zoning district within
which the project is located, and specifically stated policies and standards of the municipal plan.
The “specifically stated policies and standards of the municipal plan” is statutory language which refers to
CU-19-07 89 Hadley Rd
the LDR and Comprehensive Plan. The purpose of the R4 district is “to encourage residential use at
moderate densities that are compatible with existing neighborhoods and undeveloped land adjacent to
those neighborhoods.” This property is located immediately east of a property owned by the City of South
Burlington for the purpose of a 20‐foot wide recreation path easement, and north of a property used for
a private fitness club. Based on a review of aerial imagery, the existing home appears to have the smallest
footprint on it’s side of the street, though the proposed addition will bring it into line with nearby homes.
No other homes in the immediate vicinity appear to be two stories; they are either one story or 1.5 stories.
The property is located in an area characterized in the Comprehensive Plan as lower intensity, principally
residential.
Relevant excerpts from the Comprehensive Plan are as follows.
Lower intensity, principally residential. Fostering a strong sense of neighborhood, these areas
are primarily residential in use, with number of units and size of buildings to be among the
lowest in the City. Open spaces are accessible and thoughtfully arranged as community
gathering places, and roadways should be largely limited to local traffic with low volumes.
While residential dwellings need not be all detached, the general character and appearance is
that of a single family neighborhood. Building heights reflect this character. Small lots and
small buildings are encouraged. Commercial uses are limited to those serving a small or local
population. More intense commercial or industrial uses should be avoided.
Southwest Quadrant Objective 54. Promote higher‐density, mixed use development and
redevelopment along Shelburne Road and foster effective transitions to adjacent residential
areas.
Objective 4. Support the retention of existing and construction of new affordable and moderate‐
income housing, emphasizing both smaller single family homes and apartments, to meet
demand within the regional housing market.
Objective 5. Build and reinforce diverse, walkable neighborhoods that offer a good quality of
life by designing and locating new and renovated housing in a context‐sensitive manner that
will facilitate development of a high‐density, City Center, mixed used transit corridors, and
compact residential neighborhoods.
Staff reminds the Board that the application must not result in an undue adverse effect on the character;
it does not necessarily have to match the remainder of the neighborhood.
2. Staff recommends the Board discuss whether they consider this criterion met.
(3) Traffic on roads and highways in the vicinity.
Staff considers this project will have no adverse effect on traffic on roads and highways in the vicinity.
(4) Bylaws and ordinances then in effect.
Staff considers this Project consistent with the standards described in this document, except as noted.
(5) Utilization of renewable energy resources.
This project will not affect renewable energy resources. The applicant has stated their selected
architectural design will support rooftop solar. Staff considers this criterion met.
CU-19-07 89 Hadley Rd
RECOMMENDATION
Staff recommends the Board work with the applicant to address the issues identified herein.
Respectfully submitted,
___________________________
Marla Keene, Development Review Planner