HomeMy WebLinkAboutMS-07-03 - Decision - 0005 Lyons Avenue#MS-07-03
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
MARCEL BEAUDIN — 5 LYONS AVENUE
MISCELLANEOUS APPLICATION #MS-07-03
FINDINGS OF FACT AND DECISION
Marcel Beaudin, hereinafter referred to as the applicant, is seeking miscellaneous
approval to raze a single family dwelling with a building footprint of 1625 sq. ft. and
replacing it with a new single family dwelling with a building footprint of 1872 sq. ft.,
representing a 15.2% footprint increase, 5 Lyons Avenue. The Development Review
Board held public hearings on Tuesday, April 10, 2007, April 17, 2007, May 1, 2007 and
May 15, 2007. Marcel Beaudin was present at the meetings,
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 miscellaneous approval to raze a single family dwelling
with a building footprint of 1625 sq. ft. and replacing it with a new single family
dwelling with a building footprint of 1872 sq, ft., representing a 15.2% footprint
increase, 5 Lyons Avenue.
2. The owners of record of the subject property are Richard & Rebecca Cassidy.
3. The subject property is located in the Queen City Park (QCP) Zoning District and
the Floodplain Overlay District.
4. The plans submitted consist of a three (3) page set of plans, page one (1)
entitled, "Proposed Building Addition Lyons Avenue South Burlington Vermont",
prepared by Civil Engineering Associates, Inc., dated Jan, 2005.
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Table 1. Dimensional Reauirements
QCP Zoning District
Required
Proposed
Min. Lot Size
7,500 SF
10,730SF
�l Max. Building Coverage
20%
17.4%
Max. Overall Coverage
40%
30.8%
4 Min. Front Setback
10 ft.
8 ft
� Min. Side Setback
5 ft.
5 ft.
Min. Rear Setback
10 ft.
15 ft.
zoning compliance
4 zoning non-compliance due to inadequate frontage to provide 20
feet of access along Lyons Avenue. This lot is being treated as a lot with no
frontage pursuant to Section 3.05(13)(2)(iv) of the Land Development
Regulations. The line that abuts the right-of-way (front line) is only eight (8)
feet from the proposed house.
CONDITIONAL USE CRITERIA
Pursuant to Section 12.01(D) of the South Burlington Land Development Regulations
the proposed structure shall be reviewed as a conditional use and shall meet the
following standards:
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.
The proposed project is consistent with the planned character of the area, as defined by
the Comprehensive Plan.
The proposed use shall conform to the stated purpose of the district in which the
proposed use is located.
The proposed project 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 Holmes Road. "
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 project will not adversely affect municipal services. This addition will have
no impact on educational facilities.
(b) The essential character of the neighborhood or district in which the
property is located, nor ability to develop adjacent property for appropriate
uses.
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The proposed project will not have an adverse affect on the character of the
neighborhood or zoning district that this property falls within.
(c) Traffic on roads and highways in the vicinity.
It is extremely unlikely that this proposed addition will generate any additional traffic.
Any traffic that is generated by this addition will be negligible in its effect on the
neighborhood.
(d) Bylaws in effect.
The proposal is not in compliance with the bylaws. The required front setback is not
being met for the house.
(e) Utilization of renewable energy resources.
The proposed project will not likely affect renewable energy resources.
(0 General public health and welfare.
The proposed project will not likely have an adverse affect on general public welfare.
SITE PLAN REVIEW STANDARDS
Pursuant to Sections 14.06 and 14.07 of the Land Development Regulations, the
proposed conditional use shall meet the following standards:
(a) The site shall be planned to accomplish a desirable transition from structure
to site, from structure to structure, and to provide for adequate planting, safe
pedestrian movement, and adequate parking areas.
The proposed project has been planned to accomplish a desirable transition from structure
to site, from structure to structure, and to provide for adequate planting, safe pedestrian
movement.
(b) Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
Parking is to the front building. However, given that the nature of the project as a single-
family residential use, this layout acceptable and in harmony with the rest of the
neighborhood.
(c) Without restricting the permissible limits of the applicable zoning district, the
height and scale of each building shall be compatible with its site and
existing or adjoining buildings.
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The applicant has stated that the proposed structure will be two stories and 18 feet in
height, which is in compliance with Section 4.07(E) and 4.08(F) of the Land
Development Regulations.
(d) Newly installed utility services and service modifications necessitated by
exterior alterations or building expansions shall, to the extent feasible, be
underground.
Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility
lines, services, and service modifications shall be underground.
(e) The DRB shall encourage the use of a combination of common materials and
architectural characteristics, landscaping, buffers, screens and visual
interruptions to create attractive transitions between buildings of different
architectural styles.
The applicant has submitted building elevations.
(f) Proposed structures shall be related harmoniously to themselves, the terrain,
and to existing buildings and roads in the vicinity that have a visual
relationship to the proposed structures.
The applicant has submitted building elevations.
(g) The reservation of land may be required on any lot for provision of access to
abutting properties whenever such access is deemed necessary to reduce
curb cuts onto an arterial of collector street, to provide additional access for
emergency or other purposes, or to improve general access and circulation
in the area.
It is not necessary to require any additional access easements as part of the proposed
project.
(h) Electric, telephone and other wire -served utility lines and service connections
shall be underground. Any utility installations remaining above ground shall
be located so as to have a harmonious relation to neighboring properties and
to the site.
Any new utility lines, services, and service modifications shall be underground.
(i) All dumpsters and other facilities to handle solid waste, including compliance
with any recycling or other requirements, shall be accessible, secure and
properly screened with opaque fencing to ensure that trash and debris do not
escape the enclosure(s).
As this is a single-family residential lot, it is unlikely that this criterion would apply.
U) Landscaping and Screening Requirements
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The proposed project does not require additional landscaping or screening under the
SBLDR. Furthermore, no trees or shrubs are proposed to be removed in order to
accommodate the dwelling and so none are required to be replaced.
Pre -Existing Structures along Lake Champlain and within Queen City Park
This proposed construction shall be reviewed under Section 12.01(D) of the SBLDR
which 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 structure is no closer to the lake than 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 expansion meets this criterion: the expansion is 15.2% of 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. The plans contain notes for
erosion control measures on the adjoining properties. Given the dense nature of
the area, this is not unusual. The applicant has provided evidence that the
adjoining property owners have given consent.
e) A landscaping plan showing plans to preserve maintain and supplement existing
trees and ground cover vegetation is submitted and the DRB finds that the
overall plan will provide a visual and vegetative buffer for the lake and/or stream.
The plan indicates that all trees will remain and meets this criterion.
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22 DECISION MAW
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Motion by LC �'J seconded by I�UTA!\/� to
approve Miscellaneous Application #MS-07-03.
Mark Behr — yea/O'rjq
abstaint present
Matthew Birmingham — ea�n&stain/not present
John Dinklage — yea abot present
Roger Farley — y na abstain/not present
Eric Knudsen — e na abstain/not present
Peter Plumeau — yea abstain/not present
Gayle Quimby — yea"/abstain/not present
Motion failed by a vote of —L-� - G>
Signed this day of 2007, by
Z74�4 John Dink age, Chair
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this
decision is issued. The fee is $225.00. 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 VSA 4472 (d) (exclusivity of remedy;
finality).