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HomeMy WebLinkAboutCU-02-14 - Decision - 0236 Kirby Road#CU-02-14 FINDINGS OF FACT AND DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Application #CU-02-14 of John & Arlene Duffy seeking conditional use approval under Section 26.05 Conditional Uses, of the South Burlington Zoning Regulations. Request is for permission to allow an accessory residential unit within a single family dwelling, 236 Kirby Road. On the 2nd of July 2002, the South Burlington Development Review Board approved the request of John & Arlene Duffy seeking approval under Section 26.05, Conditional Uses of the South Burlington Zoning Regulations based on the following findings: 1) This project consists of a request for permission to allow an accessory residential unit within a single family dwelling. 2) The owners of record are John & Arlene Duffy. 3) This property located at 236 Kirby Road lies within the R4 District. It is bound on the north by airport property, on the east and west by a single family residence, and on the south by Kirby Road. CONDITIONAL USE CRITERIA 4) The proposed project complies with the stated purpose of the R4 District "to encourage residential use at moderate densities that are compatible with existing neighborhoods" and does 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 energy resources- there is no utilization of renewable energy resources to be affected. f) general public health and welfare - no adverse effect expected. 5) Accessory Residential Units: The applicant is subject to Section 26.75 of the South Burlington Zoning Regulations, which reads as follows: i) 26.751 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. ii) 26.752 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. (1) The existing primary residence is 1920 square feet. The proposed residential accessory unit is 560 square feet. The proposed accessory unit is 29% of the existing primary residence. iii) The primary single-family residence is occupied by the owner. DECISION AND CONDITIONS Based on the above Findings of Fact, the South Burlington Development Review Board approves conditional use application #CU-02-14 of John and Arlene Duffy to allow an accessory residential unit within a single family dwelling, as described in the application submitted on 5/20/02, prepared by John Duffy, with the following stipulations: 1) All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2) The applicant shall comply with the following conditions per Section 26.751-26.752 of the South Burlington Zoning Regulations. 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) The applicant shall obtain a Certificate of Occupancy prior to occupancy of the accessory residential structure. 5) Any change to the site plan shall require approval by the South Burlington Development Review Board. 2 Chair or erk v 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.RCP. 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).