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Home My WebLink AboutCU-13-05 - Supplemental - 0001 Lyons AvenueCITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING DEVELOPMENT REVIEW BOARD Report preparation date: November 13, 2013 Development Review Board\Staff Comments\2013\ Application received: October 15, 2013 CU_13_05_15LyonsAve_M cCann AGENDA ITEM #6 15 Lyons Avenue Conditional Use Application #CU-13-05 Meeting date: November 19, 2013 Applicants/Owners Property Information Harold McCann Tax Parcel ID 1080-00001 15 Lyons Ave Queen City Park (QCP) District South Burlington, VT 05403 Location Map NEED DIFFERENT PROPERTY POINTER/PHOTO CITY OF SOUTH BURLINGTON 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING PROJECT DESCRIPTION Conditional use application #CU-13-05 of Harold McCann to increase the size of a nonconforming structure (single family dwelling) by adding a 5' X 32' deck with an 11' X 2' bump out at the end, 1 Lyons Avenue. COMMENTS Administrative Officer Ray Belair and Planner Temporary Assignment Lee Krohn, AICP have reviewed the plans submitted on October 15, 2013, and have the following comments. Zoning District & Dimensional Requirements: QCP Zoning District Required Existing Proposed 4 Min. Lot Size 7500 S.F. 4523 ST No change v Max. Building Coverage 40% 33.1% No change* Max. Overall Coverage 60% 47.2% No change** Min. Front Setback 10 ft 10.1 ft 10.1 ft Min. Side Setback 5 ft. 14 ft No change Min. Rear Setback 10 ft. 4.1 ft. No change Max. Building Height 25 ft. Unknown No change Zoning compliance **No change, as the deck is being built over existing gravel driveway, so there is no net increase in overall coverage or impervious surface. As noted above, the applicant seeks approval to add a deck on the front of the house. Since the house is non -complying, the project must be reviewed under 3.11(D) [Alterations to Non -Complying Structures] and 4.08(E), and (F) [Queen City Park District] of the South Burlington Land Development Regulations (SBLDR). Section 3.11 (D) (1) of the Land Development Regulations states that "except as otherwise provided in sub -sections (2) and (3) below, and in Article 4, Section 4.08, Queen City Park District and in Article 1Z Section 12.01(D), any non -complying building or structure may be altered, including additions to the building or structure, provided such alteration does not exceed in aggregate cost thirty-five percent (35%) for residential properties and twenty-five percent (25%) for industrial and commercial property of the current assessed value as determined by the City Assessor and in compliance with Section 3.11(B) above. In the event an addition or an expansion to a building or structure is proposed, the addition or expansion itself must comply with the provisions of these regulations (e.g., setback requirements)". Section 3.11 (D) (2) of the SBLDR's states that "the thirty-five percent (35%) limitation for residential properties described above shall not apply to structures on lots that were in existence prior to February 28, 1974". This proposed alteration, pursuant to Section 3.11(D) (2) of the SBLDR's is not subject to the 35% limitation described in Section 3.11(D) (1). CITY OF SOUTH BURLINGTON 3 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING Section 4.08 (F). Non -complying structures. Structures in the Queen City Park District shall be subject to the provisions of Article 3, Section 3.11, nonconformities, and to the following requirements and restrictions: (1) Any non -complying building or structure may be altered provided such work does not: a. Exceed in aggregate cost thirty-five percent for residential properties and twenty five percent for non-residential properties of the fair market value as determined by the City Assessor or by a separate independent appraisal approved by the Administrative Officer; or b. Involve an increase to the structures height or footprint, or otherwise involve an increase to the square footage of the building or structure. Since a deck is not considered an increase in building footprint or square footage, this should not be an issue. The applicant's proposal does involve an increase to the square footage of the building or structure. Staff has evaluated compliance with the criteria in the section of this report titled 'Conditional Use Review' below. (2) In addition to the provisions set forth above, the DRB shall determine that the proposed alteration or expansion will not adversely affect: a. Views of adjoining and/or nearby properties, b. Access to sunlight of adjoining and/or nearby properties; and c. Adequate on -site parking. Being only a deck, with little vertical height and no posts, screen, nor roofline, there should be no adverse effects upon others' views or access to sunlight. Presuming that sufficient driveway area remains for on site parking, then there should be no impacts upon these standards. CONDITIONAL USE CRITERIA Pursuant to Section 14.10(E) of the Land Development Regulations, the proposed conditional use shall meet the following standards: 1. The proposed use, in its location and operation, shall be consistent with the planned character of the area as defined by the City of South Burlington Comprehensive Plan. Staff feels the proposed addition is consistent with the planned character of the area, as defined by the Comprehensive Plan. 2. The proposed use shall conform to the stated purpose of the district in which the proposed use is located. According to Section 4.08(A) of the Land Development Regulations, the QCP Zoning District is formed in order to encourage residential use at densities and setbacks that are compatible with the existing character of the Queen City Park neighborhood. It is designed to promote the area's historic development pattern of smaller lots and reduced setbacks. This district also encourages the conversation of seasonal homes to year round residences. Other than enhancement with a deck, the existing use as a single family home is not changing; therefore, staff feels the proposed use conforms with the purposes of the district. CITY OF SOUTH BURLINGTON 4 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING 3. The Development Review Board must find that the proposed uses will not adversely affect the following: (a) The capacity of existing or planned municipal or educational facilities. The proposed deck will not adversely affect municipal services. (b) The planned character of the neighborhood or district in which the property is located, nor ability to develop adjacent property for appropriate uses. Staff feels the proposed deck is consistent with the planned character of the area, as defined by the Comprehensive Plan. (c) Traffic on roads and highways in the vicinity. The proposed deck will not affect traffic in the vicinity. (d) Bylaws in effect. Except where the DRB has discretionary authority noted above, the property is in compliance with the bylaws in effect, or is existing nonconforming. (e) Utilization of renewable energy resources. The proposed alteration will not impact adversely the abutting property owner's access to solar energy. Respeqfblly submitted, Ray and J. Belair, Administrative Officer r 0 1� r � southburlin tors PLANNING & ZONING December 6, 2013 Re: #CU-13-05 Dear Applicant: Enclosed, please find a copy of the Findings of Fact and Decision rendered by the Development Review Board concerning your recent application. Please note the conditions of approval including that a zoning permit must be obtained within six (6) months. If you have any questions, please contact me. Aymond?J. /elair� Administrative Officer Encl. CERTIFIED MAIL -Return Receipt Requested # 7010 0290 0000 2215 5792 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com =v44� ►s, j PLANNING & ZONING iy (wo V�6 Permit # AC --a- d'Y (office use only) CONDITIONAL USE / VARIANCE / MISCELLANEOUS APPLICATION FOR THE DEVELOPMENT REVIEW BOARD All unformatic=: requested on this -application must be completed in fi«ll. Failure .o p2'o`.'Iae the requested information either on this application form or on the site plan will result in your application being rejected and a delay in the review before the Development Review Board. I understand the presentation procedures required by State Law (Section 4468 of the Planning & Development Act). Also that hearings are held twice a month. That a legal advertisement must appear a minimum of fifteen (15) days prior to the hearing. I agree to pay a hearing fee which is to off -set the cost of the hearing. Type of application (check one): ( quest for a conditional use ( ) Request for a variance ( ) Other 1) OWNER(S) OF RECORD (Name(s) as,shown on deed, mailing address, phone & fax #): J_ 2) LOCATION OF LAST RECORDED DEED (book & page #) 3) APPLICANT (name, mailing address, phone, fax #) 4) CONTACT PERSON (person who will receive staff correspondence. Include naive, mailing address, phone & fax #, if different from above): a. Contact e-mail address: v1 ✓I h�_ �t v • e- 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com �7Q� is is Lr6 5) PROJECT STREET ADDRESS: [ Ll/ 5 ,cam 6)TAX PARCEL ID #: 7) PROJECT DESCRIPTION a. General Project Description (describe what you are proposing): �A tom- (u +�C &-74 t'/ai Il- It--1 rn al17A— b. Existing Uses on Property (including description and size of each separate use): c. Proposed Uses o Property (include description and size of each new use and existing uses to remain): i i � d. Total building square footage on property (proposed buildings & existing building to remain): .2 12F e. Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement & mezzanine): f. Number of residential Units (if applicable, new units & existing units to remain): 1�11? g. Number o 1 yees & company vehicles (existing & proposed, note office vs. non -office employees): t. , h. Other (list any other information pertinent to this application not specifically requested above, please note if overlay districts are applicable): 2 Conditional Use / Variance / Miscellaneous Application Form. Rev. 12-2011 8) LOT COVERAGE a. Total parcel size: b. Buildings: ,v Sq. Ft. Existing " 1 % l 1/Y � Sq. Ft Proposed , , % / �4f Z Sq. Ft. c. Overall impervious coverage (building, parking, outside storage, etc) Existing L171 A % / Sq. Ft. Proposed l % / ?t Sq. Ft. d. lZro t y timpervious coverage (building, parking, outside storage, etc) Xist� /'1% / ti Sd-F-1h, Proposed `� �6-1-�' `--Sq. Ft. e. Total area to be disturbed during construction: Sq. Ft. * Projects disturbing more than one-half acre of land must follow the City's specifications for erosion control in Article 16 of the Land Development Regulations. Projects disturbing more than one acre require a permit from the Vermont Department of Environmental Conservation. 9) COST ESTIMATES a. Building (including interior renovations): $ b. Landscaping $ c. Other site improvements ,(please list with cost): 10) ESTIMATED TRAFFIC: � i a. P.M. Peak hour for entire t�rop rty (in and out): 11) PEAK HOURS OF OPERATION 12) PEAK DAYS OF OPERATION 13) ESTIMATED PROJECT COMPLETION DATE l Vs flee,� .v�- . -� 20 :; 14) PLANS AND FEE Plans shall be submitted which shows the information required by the City's Land Development Regulations. Five (5) regular size copies, one reduced copy (I I" x 17"), and one digital (PDF-format) copy of the plans must be submitted. A subdivision application fee shall be paid to the City at the time 3 0 c� Conditional Use / Variance / Miscellaneous Application Form. Rev. 12-2011 of submitting the application. See the City fee schedule for details. NOTE: NOTIFICATION of ADJOINING PROPERTY OWNERS: Notification of adjoining property owners, in accordance with 24 V.S.A. §4464(a) and Section 17.06(B) of the South Burlington Land Development Regulations, is the responsibility of the applicant. After deeming an application complete, the Administrative Officer will provide the applicant with a draft meeting agendas or public hearing notice and sample certificate of service. The sworn certificate of service shall be returned to the City prior to the start of any public hearing. I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. l4��r SIGNATURE OF APPLICANT - - --- g4a lt] C SIGNATURE OF PROPERTY OWNER Do not write below this line DATE OF SUBMISSION: I have reviewed this application and find it to be: PJ-COMPLETE ❑ Incomplete PRINT NAME 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. 4 Conditional Use / Variance / Miscellaneous Application Form. Rev. 12-2011 theother • www.otherpapervt.com • October 31, 2013 • 19 ssi-neds V THE CIRCUIT COURT FOR RUTHERFORD COUNTY, TENNESSEE AT MURFREESBORO SUE ANN SEALS DOCKET NO: 66186 vs JEFFERY SEALS ORDER OF PUBLICATION ppearing from the bill in this cause, which is sworn to that esidence and current address of the above listed defendant ,FERY SEALS, is unknown and cannot be served with pro - It is ordered that publication be made for four consecutive cs in The Other Paper, a newspaper published in South Bur- ton V r 'requiring the said defendant, Jeffery Seals to appear )re the Clerk of said Court on or before thirty days after the publication hereof and make defense to the bill filed in the e cause, which seeks Divorce or otherwise said bill be taken for confessed and cause proceeded with exparte. This the 101i day of October, 2013. LAURA BOHLING, Circuit Court Clerk BY: Linda Stem, DEPUTY CLERK W.Scott Kimberly SOLICITOR FOR COMPLAINT New Nesco Roaster- roasts, cooks, steams, slow cooks ves, $25. White jewelery ar- )n legs, $20. New Quick -fold ale $10. Fold away bar $10. 13. (10/17) [EN: Wine opener, wine er, cheeseboard w/knives, candles, LED light strips, -ack, cookbooks, portable wicker baskets, scale, marble board, whiteboard, bulletin 155-5388(10/17) 3E BRASS PLAQUES: Pair nch round brass plaques ips on the front and hanger :son the back. $10. Call 497- 0/24) E FURNITURE: Desk with le drawers and top cabinet, cecutive-type black office rith floor mat, $50. Wooden •ame with mattress, $50.658- 0/17) ES: Hunter -Douglas Du- :hitella honeycomb shades; 3/4" Elan. One large and call. Clean; excellent con - Email joannevarr@gmail. .0/ 17) 4 Cooper Weather Masters s. Fit my old 2004 Pontiac TIRES: Saab alloy wheels,17" x 7.5" with mounted Nokian Hakkapeliitta R snow tires including tire pressure monitors. Tires are 235/45R/17. Asking $500. Call 802 864-4782. (10/10) TOOLS: Hitachi cordless drill, hard- ware, staple gun, hardware bin organizers, old scale, car jack, Christmas tree stand, stud finder, foam knee pads, garden hose, elec- tric knife, hot glue gun. 355-5388. (10/17) 1998 FORD EXPLORER XLT: Vehicle has 175k miles, light -bar, new muffler and exhaust, new tires and alignment. Inspected until April 2014. Needs brakes. After market stereo with a 1000W amp already mounted. $1,600 or Best Offer. 802-318-7355(10/10) 1989 BUICK CENTURY LIMITED: Mint condition, 4 Door sedan, 3.3 Litre 3300 V6 Engine, Fuel injec- tion,4 Speed automatic, Front wheel drive, One owner, 37K miles, rear window defogger, original uphol- stery, asking $3,000. 802-862-6273 (10/24) Public Notices PUBLIC HEARING SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD The South Burlington Development Review Board will hold a public hearing in the South Burlington City Hall Conference Room, 575 Dorset Street, South Burlington, Vermont on November 19, 2013 at 7:00 P.M. to consider the following: Conditional use application #CU-13-05 of Harold McCann to increase the size of a nonconforming structure (single familydwelling) by adding a„ a 5' X 32' deck with an 1 V X 2' bump out at the end, 1 Lyons Avenue. Mark Behr, Chairman South Burlington Development Review Board Copies of the application are available for public inspection at the South Burlington City Hall. Participation in the local proceeding is a prerequi- site to the right to take any subsequent appeal. October 31, 2013 PUBLIC HEARING SOUTH BURLINGTON CITY COUNCIL The South Burlington City Council will hold a public hearing at the South Burlington City Hall Conference Room, 575 Dorset Street, South Aw Burlington, Vermont on November 18, 2013 at 7:00 P.M. to consider the following: Interim zoning application #IZ-13-07 of Malone Dorset Street Proper- ties, LLC to amend a previously approved planned unit development consisting of. 1) a 33,733 sq. ft. gfabuildingwith 31,351 sq. ft. (including mezzanine) of retail food establishment use and 2,382 sq. ft. of short- order restaurant use, 2) a 12,800 sq. ft. building for retail food use, and 3) a 14,000 sq. ft. building for retail use. The amendment consists of 1) resubdividing the lots into three (3) dots, and 2) site modifications including lighting, and architectural revisions to buildings #1 & #2 ,200 and 222 Dorset Street & 59 Garden Street. Interim zoning application #IZ-13-08 of University Mall, LLC to amend a planned unit development previously approved to: 1) incorporate the 205 Dorset Street parcel into the existing University Mall shopping center Planned Unit Development,2) raze an existing two-story com- mercial building, and 3) construct a 6,000 sq. ft. building to be used for shopping center use. The amendment is to modify the sidewalk to the se relocated ATM building to be handicapped accessible by extending the sidewalk and relocating the ramp,155 Dorset Street. Pam Mackenzie, Chair South Burlington City Council Copies of the applications are available for public inspection at the South Burlington City Hall. Participation in the local proceeding is a prerequisite to the right to take any subsequent appeal. PV October 31, 2013 PUBLIC NOTICE Vermont Agency of Natural Resources CITY OF SOUTH BURLINGTON CERTIFICATE OF SERVICE I hereby certify that on this ,'�OP` day of &4D 2013 , a copy of the foregoing public notice for u,e�[type of application] # C It -15-D 5-[application number], was sent by U.S. mail, postage prepaid to the owners of all properties adjoining the subject property to development, without regard to any public right-of-way, and including the description of the property and accompanying information provided by the City of South Burlington. I further certify that this notification was provided to the following parties in accordance with 24 V.S.A. §4464(a) and Section 17.06(B) of the South Burlington Land Development Regulations: List of recipients: (full names and addresses) 'f a4 C ee &,-.0 ��n �- �►-1 � ass � � S" ,�e �� 5 1 "� vs�� Dated atS. hav b! . town/city], Vermont, this Jo day of 6d16kA , 20 13 . Printed Name: 0�.6 G, AA<-- C,, » Phone number and email: RO L ---5" ( *tc_c_a_ u A v go e? d u_ Signature: -CIL Date: Remit to: City of South Burlington Department of Planning & Zoning 575 Dorset Street South Burlington, VT 05403 South Burlington Sample Certificate of Service Form. Rev. 1-2012 loo) 570RM DRAIN �0 �G S� A. QUEEN CITY PARK ASSOCIATION �i• l �I PtCv'% CC� t - 2 o riz-� W QP STDRAI DRAIN 1ev�l �+Z QUEEN CITY PARK ASSOCIATION 1~ = Zoe