HomeMy WebLinkAboutCU-00-24 - Decision - 0003 Lyons Avenue#CU-00-24
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, conditional use application of Mark Chaffee and Cori Hayes under Section 3.506
and Section 26.05 of the South Burlington Zoning Regulations to reconstruct and expand the single
family dwelling at 3 Lyons Avenue.
On the 17th of October, 2000, 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:
The project consists of a conditional use application of Mark Chaffee and Lori Hayes under Section
3.506 and Section 26.05 of the South Burlington Zoning Regulations to reconstruct and expand the
single family dwelling at 3 Lyons Avenue
2. The owners of record are John and Sue Williams.
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 applicant submitted a site plan illustrating the existing structure and the
proposed structure as well as a brief description. It appears that the proposed structure will actually
be set back farther from the lake than the existing structure. The existing seawall will be retained.
c) 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 existing structure
is 1,658 square feet and the proposed structure is 1,744 square feet. This is a five (5) percent
increase in overall size. The existing footprint is 829 square feet and the proposed is 872 square feet
for an increase of five (5) percent.
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 There is little existing landscaping. The applicant submitted a brief description
of the property and has stated that it is the intent of the project to retain the one oak tree currently
on the property. In addition, a dense row of junipers will be planted near the top of the existing
seawall. Some of the existing patio and deck area on the property will be removed. The applicant
has also stated a hedge along the south and east property lines and low spreading evergreens along
the north property line.
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 utilize the topography of the
site and will sit approximately two (2) feet below the existing foundation of the existing structure. It will
be a two story, three bay, side -gabled house with roof dormers. The basement level will allow for a
walkout to the take 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.
d) 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 not exceed the 25 foot height limit of the Queen City Park District The applicant has proposed that
the house will be 25 feet above the average pre -construction grade. No rooftop antennas, satellite dishes,
or other rooftop devices are proposed. The proposed building also appears to meet 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.
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DECISION AND CONDITIONS
Based on the above Findings of Fact, the South Burlington Development Review Board approves
the conditional use application #CU-00-24 of Mark Chaffee and Lori Hayes under Section 3.506 and
Section 26.05 of the South Burlington Zoning Regulations to reconstruct and expand the single family
dwelling at 3 Lyons Avenue, as depicted on a six (6) page set of plans, page one (1) entitled "Proposed
Site Plan for Mark and Lori Chaffee 3 Lyons Avenue South Burlington, Vermont," with a stamped
received date of September 20, 2000, with the following stipulations:
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-five (25) feet in height above the average preconstruction g-ade.
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.
6. Plans will be revised to show revision of curbing. This will require approval by the Director of
Planning.
,2 -k
Chair or Clerk /
South Burlington Development Review Board
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Date
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