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Home My WebLink AboutCU-12-03 - Decision - 0003 Austin Road#CU-12-03 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING SUSIE JACOBS IRREVOCABLE TRUST — 3 AUSTIN ROAD CONDITIONAL USE APPLICATION #CU-12-03 FINDINGS OF FACT AND DECISION Royal Design & Construction, Inc., hereinafter referred to as the applicant, is seeking conditional use approval to raze an existing single family dwelling with a 1,119 sq. ft. footprint and replace it with a new single family dwelling with a 1,119 sq. ft. footprint, 3 Austin Road. The Development Review Board held a public hearing on August 21 st and September 18th, 2012. Roy Rabideau and Rick Hamlin represented the applicant. Based on testimony provided at the above mentioned public hearing and the plans and supporting materials contained in the document file for this application, the Development Review Board finds, concludes, and decides the following: FINDINGS OF FACT 1. The applicant is seeking conditional use approval to raze an existing single family dwelling with a 1,119 sq. ft. footprint and replace it with a new single family dwelling with a 1,119 sq. ft. footprint, 3 Austin Road. 2. The application was received on July 3, 2012. 3. The owner of record of the subject property is the Susie Jacobs Irrevocable Trust. 4. The subject property is located in the Lakeshore Neighborhood Zoning District and the Floodplain Overlay District. 5. The plans submitted consist of a four (4) page set of plans, page one (1) entitled, "Home Reconstruction 3 Austin Rd. South Burlington," prepared by Donald L. Hamlin Consulting Engineers, Inc., dated 6/28/12, last revised on 9/6/12. Table 1. Dimensional Requirements LN Zoning District Required Proposed Min. Lot Size 12,000 SF 12,899 SF Max. Building Coverage 20 % 19.4 % Max. Overall Coverage 40 % 30 % -6 Min. Front Setback 20 ft. 7 ft Min. Side Setback 10 ft. >10 ft. Min. Rear Setback 30 ft. >30 ft. Zoning Compliance ♦ Zoning Non- Compliance Pre-existing non -conforming Note: A pre-existing seasonal camp on the property is located within the front setback. CAUsers\Mark\Documents\South Burlington DRB\10.3.12 Meeting Decisions\CU_12_03_3AustinRd_JacobslrrevTrust_ffd.doc #CU-12-03 Section 12.01(D) Pre -Existing Structures along Lake Champlain and within Queen City Park Section 12.01(D) of the SBLDR includes all lands within one hundred fifty feet horizontal distance of the high water elevation of Lake Champlain. The expansion and reconstruction of pre-existing structures on these lands may be approved by the DRB as a conditional use provided the requirements of the underlying zoning district and the following standards are met: a) The structure to be expanded or reconstructed was originally constructed on or before April 24, 2000. The existing structure meets this criterion. b) The expanded or reconstructed structure does not extend any closer, measured in terms of horizontal distance, to the applicable high water elevation or stream centerline than the closest point of the existing structure. The proposed new dwelling is no closer to the lake than the closest portion of the existing structure. c) The total building footprint area of the expanded or reconstructed structure shall not be more than fifty percent larger than the footprint of the structure lawfully existing on April 24, 2000. The proposed reconstructed structure meets this criterion: the expansion is approximately 5% larger than the existing structure. d) An erosion control plan for construction is submitted by a licensed engineer detailing controls that will be put in place during construction or expansion to protect the associated surface water. The applicant has submitted an erosion control plan. Additionally, in response to neighbor's concerns about water running off the new driveway, the applicant has proposed a 6-inch soil berm between the driveway and the property line. e) A landscaping plan showing plans to preserve, maintain and supplement existing trees and ground cover vegetation is submitted and the DRB rinds that the overall plan will provide a visual and vegetative buffer for the lake and/or stream. In response to earlier staff comments and Board discussions and public comments at its August 21, 2012 meeting, the applicant submitted a revised site plan on September 7, 2012. The site plan indicates that two (2) mature trees (one 12-inch White Ash near the driveway and one 12-inch White Birch near the lake side of the building) will be removed and replaced by two 2-inch American Princeton Elms. One of these Elms would be planted near the driveway however the other Elm is proposed to be planted near the northern edge of the property rather than near the building in the vicinity of the White Birch. All other trees on the property are proposed to be preserved and maintained. The revised site plan also details a soil berm adjacent to the driveway with the detail noting optional plantings at owner's discretion atop the berm. The applicant also provided photos to illustrate current conditions at the site. 2 CAUsers\Mark\Documents\South Burlington DRB\10 3.12 Meeting Decisions\CU_12_03_3AustinRd_JacobslrrevTrust_ffd.doc #CU-12-03 At the September 181h meeting, the Board discussed that at least one of the replaced trees will be smaller (at least initially), and provide less of a visual buffer for the lake due to its proposed placement, that there were no steps to "supplement" existing trees and no plans for additional ground vegetation. The applicant agreed to add a 3rd new, deciduous tree at a point off the northwest corner of the dwelling at the intersection of the 105' contour line and the northern setback line and also to increase the calipers of each of the proposed new trees to two and one-half 2'/z inches. The Board found that these changes would satisfy the project's compliance with this criterion. 1. The applicant shall revise the landscaping plan to add a 3rd new, deciduous tree at a point off the northwest corner of the dwelling at the intersection of the 105' contour line and the northern setback line. 2. The applicant shall revise the landscape plan to indicate a minimum caliper of two and one-half (M) inches for each of the three (3) new trees. All new trees shall either be elms, maples, or oaks. CONDITIONAL USE CRITERIA Pursuant to Section 12.01(D) of the South Burlington Land Development Regulations ()Pre- existing structures along Lake Champlain and within Queen City Park), the proposed structure shall be reviewed as a conditional use and shall meet the following standards of Section 14.10E : 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. The Board finds that the proposed project will not have an undue adverse on 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 Board finds that the proposed project, which uses principally the same footprint as the existing home, is consistent with the stated purpose of the Lakeshore Neighborhood District, which is "to encourage residential use at densities and setbacks that are compatible with the existing character of the lake shore neighborhoods located in the vicinity of Bartlett Bay Road and Homes Road." CAUsers\Mark\Documents\South Burlington DRB\10.3.12 Meeting Decisions\CU_12_03_3AustinRd_JacobslrrevTrust_ffd.doc #CU-12-03 (3) Traffic on roads and highways in the vicinity. The Board finds that the proposed project will not have an undue adverse effect on traffic on roads and highways in the vicinity. (4) Bylaws and ordinances then in effect. As noted in the dimensional standards table above, the proposed project meets all of the dimensional standards of the zoning district. (5) Utilization of renewable energy resources. The Board finds the proposed project will not affect renewable energy resources. FLOODPLAIN OVERLAY DISTRICT The subject property lies within the Floodplain Overlay District as outlined in the SBLDRs. The first floor elevation of the proposed reconstructed dwelling is approximately 107 feet which is five feet above the Flood Hazard Area of 102 feet. No construction activity is proposed at 102 feet or below. DECISION Motion by Roger Farley, seconded by Tim Barritt, to approve conditional use application #CU- 12-03 of the Susie Jacobs Irrevocable Trust subject to the following conditions: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. This project shall be completed as shown on the plans submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 3. The plans shall be revised to show the changes below and shall require approval of the Administrative Officer. Three (3) copies of the approved revised plans shall be submitted to the Administrative Officer prior to permit issuance. a. Add a 3rd new, deciduous tree at a point off the northwest corner of the dwelling at the intersection of the 105' contour line and the northern setback line. b. Indicate a minimum caliper of two and one-half (2'/2) inches for each of the three (3) new trees. All new trees shall either be elms, maples, or oaks. 4. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 17.04 of the Land Development Regulations or this approval is null and void. 5. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to occupancy of any new use. 6. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. 4 CAUsers\Mark\Documents\South Burlington DRB\10.3.12 Meeting Decisions\CU_12_03_3AustinRd_JacobslrrevTrust_ffd.doc I #CU-12-03 Tim Barritt— yea nay abstain not present Mark Behr — yea nay abstain not present Roger Farley — yea nay abstain not present Art Klugo — yea nay abstain not present Bill Miller — yea nay abstain not Present Michael Sirotkin — yea nay abstain not present Bill Stuono — yea nay abstain not present Motion carried by a vote of 6 — 0 — 0 Signed this 4th day of October 2012, by Digitally signed by Mark C. Behr Mark C Behr em =Mark C. Behr, o, emaitil=mark@rhbpc.com,c=US Date: 2012.10.0413:00:37-04'00' Mark Behr, Chairman Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this decision, a notice of appeal and the required fee by certified mail to the Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be mailed to the City of South Burlington Planning and Zoning Department at 575 Dorset Street, South Burlington, VT 05403. See V.R.E.C.P. 5(b) (4)(A). Please contact the Environmental Division at 802-828-1660 or httr):Hvermontludiciary.ora/GTC/environmental/default.asl2x for more information on filing requirements, deadlines, fees and mailing address. The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call 802.879.5676 to speak with the regional Permit Specialist. 5 C:\Users\Mark\Documents\South Burlington DRB\10.3.12 Meeting Decisions\CU_12_03_3AustinRd_JacobslrrevTrust_ffd.doc