HomeMy WebLinkAboutAgenda 05A_CU-18-12_30 Myers Ct_Washburn_2019-03-19_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: March 19, 2019 Development Review Board meeting
Paul Washburn has submitted Conditional use application #CU‐18‐12 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 increasing
the height to fifteen (15) feet at 30 Myers Court.
The Board reviewed this application at the November 20, 2018 and January 29, 2019 hearings. At the
November 20, 2018 Development Review Board meeting, 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 found that the accessory structure was 16’ 5 ¾” higher than current grade, and 17 to 18’
higher than pre‐construction grade.
AT the January 29, 2019 hearing, the applicant enumerated the requests they were making of the Board:
1. Allow a 15’ maximum height
2. Measure height from a grade which brings the height to 15’
3. Allow a 5’ minimum setback
4. Allow 100 sf of the permitted but not constructed garage to be living space to increase the maximum
allowable square footage of the accessory unit
The Board was comfortable with all but the second request. The Board advised that they would be comfortable
measuring height from the minimum grade necessary to create positive sewer flow, and directed Staff to retain
an independent third‐party to evaluate that grade.
The technical report is included in the packet for the Board, and concludes that the existing gravity‐fed sewer
maintained the minimum cover using traditional and common construction methods. Staff concludes from the
report that no additional cover is needed for the gravity sewer to function as currently installed.
Therefore based on the Board’s direction at the January 29, 2019 hearing, Staff recommends the Board not
approve the applicant’s request to place fill such that the resulting height measured from final grade is 15’, and
#CU‐18‐12
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instead approve an adjusted pre‐construction grade as allowed under LDR Section 3.12 equal to the currently
existing grade. The result of such a condition would be that the applicant must reduce the height of the building
by 1’ 5 ¾”.
Recommendation
Staff recommends the Board discuss the project with the applicant and close the hearing.