HomeMy WebLinkAboutCU-03-07 - Decision - 0015 Lindenwood DriveCITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING & ZONING
DEVELOPMENT REVIEW BOARD
FRONT PORCH — 15 LINDENWOOD DRIVE
CONDITIONAL USE APPLICATION #CU-03-07
FINDINGS OF FACT, CONCLUSIONS & DECISION
Tim Clark, hereafter referred to as the applicant, is requesting approval for a front porch
at 15 Lindenwood Drive to extend 2 ft. beyond the limit set forth in Section 25.118(h) of
the Zoning Regulations and Section 3.06 of the proposed Land Development
Regulations. The South Burlington Development Review Board (DRB) held a public
hearing on April 15, 2003. The applicant was present at the hearing.
Based on testimony given at the above mentioned public hearing and on the plans and
supporting materials contained in the document file for this application, the DRB finds,
concludes and decides as follows. -
FINDINGS OF FACT
The applicant is requesting approval for a front porch at 15 Lindenwood Drive to
extend 2 ft. beyond the limit set forth in Section 25.118(h) of the Zoning
Regulations and Section 3.06 of the proposed Land Development Regulations.
2. The subject property contains approximately 0.64 acres and falls within the
Residential 4 (R4) District.
3. The proposal must comply with both the Zoning Regulations and the proposed
Land Development Regulations. Section 25.118 of the Zoning Regulations
establishes criteria for exceptions to yard setback requirements. Section 3.06(J) of
the proposed Land Development Regulations establishes the same criteria.
CONCLUSIONS
EXCEPTIONS TO YARD SETBACKS
Exceptions to setback requirements shall be permitted for single family lots that were in
existence prior to February 28, 1974. In addition, exceptions to front setback
requirements must meet the following criteria.
(a) A structure may encroach into a required front setback up to the average
front setback of principal structures on adjacent lots on the same street
frontage, but in no event shall a structure have a front setback of less than
5 feet.
The applicant has provided information indicating that the average front setback
of residences on adjacent lots is 25.6 feet. The proposal involves a proposed
front setback of 22.9 feet. Consequently, the criteria set forth in the next
paragraph apply to this proposal.
FINDINGS OF FACT, CONCLUSIONS & DECISION
FRONT PORCH - 15 LINDENWOOD DRIVE
CONDITIONAL USE #CU-03-07
(b) Additional encroachment of a structure into a required front setback may
be approved by the DRB subject to the provisions of Article 12, Conditional
Uses, but in no event shall a structure be less than 5 feet from a front
property line. In addition, the DRB shall determine that the proposed
encroachment will not have an undue adverse affect on: (i) views of
adjoining and/or nearby properties; (ii)access to sunlight of adjoining
and/or nearby properties; (iii) adequate on -site parking; and (iv) safety of
adjoining and/or nearby property.
2. The proposal involves an additional encroachment of 2 feet beyond the existing
24.9 ft. front setback on the subject property. This new encroachment will consist
of a portion of the front staircase, which will be 11 ft. wide. This will not affect the
view, access to sunlight, or safety of adjoining or nearby properties.
(c) Any request to expand an existing structure, or place a new structure, to
within less than 10 feet of any property line shall include the submission of
survey data prepared by a licensed surveyor showing the location of
affected property lines, existing and/or proposed structures, and any other
information deemed necessary by the Administrative Officer.
3. The proposal does not involve expansion of a structure to within 10 feet of any
property line.
CONDITIONAL USE CRITERIA
The DRB must find that the proposed uses will not adversely affect the following:
(a) The capacity of existing or planned municipal or educational facilities.
4. The proposal will not adversely affect municipal services.
(b) The essential character of the neighborhood or district in which the
property is located, nor ability to develop adjacent property for appropriate
uses.
5. The proposal is in keeping with residential uses on surrounding properties and
will not adversely affect the character of the area or the ability to develop
adjacent properties.
(c) Traffic on roads and highways in the vicinity.
6. The proposal will not affect traffic in the vicinity.
(d) Bylaws in effect.
7. The proposal is in keeping with applicable regulations.
(e) Utilization of renewable energy resources.
8. The proposal will not affect renewable energy resources.
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FINDINGS OF FACT, CONCLUSIONS & DECISION
FRONT PORCH - 15 LINDENWOOD DRIVE
CONDITIONAL USE #CU-03-07
(0 General public health and welfare
9. The proposal will not have an adverse affect on general public welfare.
DECISION
MOTION by tafry seconded by QXII- au fib
to approve conditional use application #CU-03-07, subject to the following condi ions:
1. This project shall be completed as shown on the plans submitted to the DRB by
the applicants and on file in the Department of Planning and Zoning.
2. Pursuant to Section 27.302 of the Zoning Regulations and Section 17.04 of the
proposed Land Development Regulations, the applicant shall obtain a zoning permit
within six months of this decision.
Mark Bouchernay/abstain Larry Kupferman a nay/abstain
Roger Farley a 4/nay/abstain Gayle Quimby a /nay/abstain
Michele Kupersmith nay/abstain
MOTION CARRIED by a vote of S - D - o
Signed this day of /," 2003, by
Mark Boucher, Vice Chair
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