HomeMy WebLinkAboutAgenda 07A_CU-18-12_30 Myers Ct_Washburn_memo
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
TO: South Burlington Development Review Board
FROM: Marla Keene, Development Review Planner
SUBJECT: CU‐18‐12 30 Myers Court
DATE: January 29, 2019 Development Review Board meeting
Paul Washburn has submitted Conditional use application #CU‐18‐12 of Paul J. Washburn to amend a
previously approved conditional use permit for construction of a 14’ X 17’ detached accessory structure to be
used as a 186 sq. ft. accessory residential unit. The amendment consists of reducing the rear setback to five (5)
feet and increase the height to fifteen (15) feet at 30 Myers Court.
At the November 20, 2018 Development Review Board meeting, the Board reviewed the conditional use
application. A representative of an abutter to the Project alleged that the building, now constructed, is in fact
higher than the maximum allowable height of fifteen (15) feet. The Board directed Staff to obtain an
independent third‐party technical review of the height of the building, measured from average
pre‐construction grade as stipulated in the LDRs. The Applicant has requested an adjustment of pre‐
construction grade to post‐construction grade as allowed under LDR Section 3.12 due to physical constraints
that would otherwise preclude the unit from having gravity flow sewer, therefore the technical reviewer also
provided measurements to post‐construction grade.
The technical review provides the following information about heights, and includes photographs of the
primary and accessory units as well as field notes.
Structure Height Related to Estimated Pre‐
Construction Grade
Height Related to Existing (Post‐
Construction) Grade
Primary Structure 16 to 17’ 14’2”
Accessory Structure 17 to 18’ 16’5 ¾”
The information regarding the primary structure is slightly relevant because conditional use approval is
required for accessory structures to exceed the height of the principal structure. This application is for
conditional use approval, so there is no issue with the accessory structure exceeding the height of the principal
structure, but Staff considers the Board may wish to be aware of this fact.
Staff considers the accessory structure as it exists today is not approvable. Staff recommends the Board discuss
with the Applicant how they would like to proceed. Staff considers the options are as follows:
1. The Applicant may withdraw, which results in the project reverting to the current approval, #CU‐18‐02,
for a 12.75‐foot high structure.
2. The Board may approve a 15’ height.
SD‐18‐23
2
3. The Board may deny the application.
Recall at the previous hearing the Board felt the applicant must reduce the height of the interior loft space to
4‐feet to ensure it would not be considered habitable area.
Recommendation
Staff recommends the Board discuss the project with the applicant and close the hearing.