HomeMy WebLinkAboutCU-01-01 - Decision - 0003 Lyons Avenue#CU-O 1 -0 1
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, conditional use application #CU-01-01 of Mark Chaffee and Lori Hayes under
Section 3.506 and Section 26.05 of the South Burlington Zoning Regulations to increase the allowable
height of a single family dwelling from 25 feet to 27 feet, 3 Lyons Avenue.
On the 6th of February, 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 project consists of a request under Section 26.05, Conditional Uses, and Section 3.506 of the
South Burlington Zoning Regulations to increase the allowable height of a single family dwelling
from 25 feet to 27 feet, 3 Lyons Avenue.
2. The owner of record is Mark Chaffee.
3. 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 3.506 (expansion or reconstruction of pre-existing structures
a) The structure to be expanded or reconstructed was in existence on April 24, 2000.
b) The expanded or reconstructed structure does not extend any closer to the high water elevation than
the existing structure. The proposed height increase will not affect the structure's relation to the high
water mark.
e) The total building footprint area of the expanded or reconstructed structure shall not be more than
fifty (50) percent larger than the footprint of the structure lawfully existing on April 24, 2000. For
the purposes of this regulation, reconstruction may include razing the existing structure and
constructing a new structure in accordance with the provisions of this section. The approved square
footage of the dwelling will not be affected by this height increase.
d) Existing trees and ground cover shall be preserved, maintained, and supplemented by selective
cutting, transplanting and addition of new trees, shrubs and ground cover in order to enhance the
aesthetic integrity of the lake shore, provide a visual buffer from the lake and an absorption area for
erosion prevention. The proposed height increase will not affect the approved landscaping.
5. Conditional Use Criteria:
The proposed use complies with the stated purpose of the Conservation and Open Space District to
encourage "maintain and improve the quality of natural resources".
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. The proposed single-family house will be a two story, three bay,
side -gabled house with roof dormers. The basement level will allow for a walkout to the lake front
portion of the property. The house will utilize the shingle style. The roof and facades of the house will
employ natural cedar shingles with a bare minimum of painted trim. The massing and materials
proposed will blend the building with existing residences and the natural characteristics of the site.
c) traffic on roads or highways in the vicinity. The proposed use is not expected to impact traffic.
e) bylaws in effect. The proposal is in conformance with the zoning regulations. In addition, the
proposed building is in conformance with the adjacent Queen City Park District. The proposed
house will exceed the 25 foot height limit of the Queen City Park District by two feet. The applicant
has submitted a report addressing the criteria of Section 11.402 of the Zoning Regulations that allow
for heights of up to 35 feet in the Queen City Park District if the increase will not adversely affect
views, access to sunlight, or parking (see enclosed). The applicant has also submitted letters from
adjacent property owners (see enclosed). Staff has no problem with the height increase. No rooftop
antennas, satellite dishes, or other rooftop devices are proposed. The proposed building meets the
front and side yard setbacks of the Queen City Park District. The proposed rear yard setback of six
(6) feet does not meet Queen City Park District rear yard setback of 10 feet. The proposed building
will not be any closer to the rear yard property line than the existing building.
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 affect expected.
DECISION AND CONDITIONS
Based on the above Findings of Fact, the South Burlington Development Review Board approves
conditional use application #CU-01-01 of Mark Chaffee and Lori Hayes under Section 3.506 and Section
26.05 of the South Burlington Zoning Regulations to increase the allowable height of a single family
dwelling from 25 feet to 27 feet, 3 Lyons Avenue, as depicted on a three (3) page set of plans, page one
(1) entitled "Proposed Chaffee/Hayes Residence," with a stamped received date of January 4, 2001, with
the following stipulations:
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1. All previous approvals and stipulations which are not superseded by this approval shall remain in
effect.
2. The building shall employ natural cedar shingles with a bare minimum of painted trim on its facades.
3. The building shall not exceed twenty-seven (27) feet in height above the average preconstruction
grade.
4. 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.
5. Any change to the site plan or appearance of the building shall require approval by the South
Burlington Development Review Board.
GChair or Clerk
South Burlington Development Review Board
Date
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 S150. 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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