HomeMy WebLinkAboutCU-01-17 - Decision - 0003 Lyons Avenue#CU-01-17
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, Application # CU-01-17 of Mark Chaffee and Lori Hayes seeking approval
under Section 26.05, Conditional Uses, and Section 3.506, of the South Burlington Zoning
Regulations. Request is for permission to relocate existing stairs to the east and replace the existing
stairs with riprap, 3 Lyons Ave.
On the 19th of June, 2001, the South Burlington Development Review Board approved the
conditional use application of Mark Chaffee and Lori Hayes under Section 26.05 and Section 3.506
of the South Burlington Zoning Regulations based on the following findings:
1. The applicants were seeking conditional use approval from Section 26.05, Conditional Uses, and
approval from Section 3.506, of the South Burlington Zoning Regulations. Request is for permission
to relocate existing stairs to the east and replace the existing stairs with riprap, 3 Lyons Avenue.
2. The owner of record is Mark Chaffee.
This property is located within the Conservation and Open Space District. It is bounded on the north
by Red Rocks Park, on the west by Lake Champlain, on the south by a single-family residence, and
on the east by a single-family residence.
4. Criteria of 3.506 (for water oriented structures)
d) The proposed stair relocation and rip rap will:
1) to the greatest extent possible use natural materials. The stone stairs and stone rip rap are
natural materials.
2) not increase the potential for erosion. The applicant did not propose to increase the amount
of impervious coverage.
3) not have undue adverse impact on the aesthetic integrity of the lakeshore. The stone steps
and stone rip rap are natural materials and the relocation should not alter the aesthetic quality
of the lakeshore in this vicinity.
4) result in minimal removal of trees, shrubs, and ground cover. The applicant addressed this
criteria at the meeting.
e) Existing trees and ground cover shall be preserved and maintained to enhance the aesthetic integrity of
the lake shore, provide a visual buffer form the lake, and an absorption area for erosion prevention.
5. Conditional Use Criteria:
The proposed use complies with the stated purpose of the Conservation and Open Space District to
"maintain and improve the quality of natural resources such as soil, air, and water and the natural process
by which they are related, and to ensure a safe healthful, and aesthetically -pleasing community."
The proposed use will not adversely affect:
a) the capacity of existing or planned community facilities. No affect expected.
b) the character of the area affected. No affect expected.
c) traffic on roads or highways in the vicinity. The proposed use is not expected to impact traffic.
d) bylaws in effect. The proposal is in conformance with the zoning.
e) utilization of renewable resources. There is no utilization of renewable energy resources to be
affected.
f) general public health and welfare. No adverse affect is expected.
DECISION AND CONDITIONS
Based on the above Findings of Fact, the South Burlington Development Review Board approves
conditional use application #CU-01-17 of Mark Chaffee and Lori Hayes seeking approval under
Section 26.05, Conditional Uses, and Section 3.506, of the South Burlington Zoning Regulations.
Request is for permission to relocate existing stairs to the east and replace the existing stairs with
riprap, 3 Lyons Avenue, as depicted on a two (2) page set of plans, page one (1) entitled
"Chaffee/Hayes Residence," with a stamped received date of 5/3/01, with the following stipulations:
All previous approvals and stipulations which are not superseded by this approval shall remain in
effect.
2. The plans shall be revised to correctly label the proposed plans.
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.
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4. Any change to the site plan or appearance of the steps or rip rap shall require approval by the
South Burlington Development Review Board.
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or Clerk Date
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 R.C.P. 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).
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