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Home My WebLink AboutCU-05-05 - Decision - 0005 Lyons AvenueCITY of SOUTH BURLINGTON DEPARTMENT of PLANNING AND ZONING RICHARD & REBECCA CASSIDY EXPANSION - 5 LYONS AVENUE CONDITIONAL USE APPLICATION #CU-05-05 FINDINGS of FACT AND DECISION Richard & Rebecca Cassidy, hereinafter referred to as the applicants, are seeking Conditional Use approval under Section 14.10, Conditional Use Review. of the South Burlington Land Development Regulations. Request is for permission to expand the existing building without increasing the building footprint, 5 Lyons Avenue. The Development Review Board held a public hearing on April 5, 2005. The applicants were present at the meeting. 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 applicants are seeking Conditional Use approval under Section 14.10, Conditional Use Review, of the South Burlington Land Development Regulations. Request is for permission to expand the existing building without increasing the building footprint, 5 Lyons Avenue. 2. The owners of record of the subject property are Richard and Rebecca Cassidy. 3. The subject property is located in the Queen City Park (QCP) Zoning 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. SURFACE WATER PROTECTION REVIEW STANDARDS Pursuant to Section 3.11(D) of the Land Development Regulations, the proposed_ conditional use shall meet the followina standards 1. 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 12, 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 - 1 - 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). The assessed value of the building and land at 5 Lyons Avenue is $246,100, however, the subject dwelling is subject to the exemption below. 2. 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. The structure on the subject lot was in existence prior to February 28, 1974. QUEEN CITY PARK REVIEW STANDARDS Pursuant to Section 4.08(D) of the Land Development Regulations, the proposed conditional use shall meet the following standards: 1. The maximum height for all structures shall be no more than twenty-five (25) feet above the average pre -construction grade adjoining such structure. See Article 3, Section 3.07(B) for definition of pre -construction grade. The proposed addition is 25' feet above the average pre -construction grade. 2. The maximum height of a structure may be increased to thirty-five (35) feet if approved by the Development Review Board subject to the provisions of Article 14, Conditional Use Review. In addition, the Development Review Board shall determine that the proposed increase in height will not affect adversely: This criterion is not applicable to the proposed project. (a) Views of adjoining and/or nearby properties; This criterion is not applicable to the proposed project. (b) Access to sunlight of adjoining and/or nearby properties; and This criterion is not applicable to the proposed project. (c) Adequate on -site parking. This criterion is not applicable to the proposed project. 3. Rooftop apparatus, such as solar collectors, television antennas, and air conditioning equipment shall be included in the height measurement. Chimneys for residential structures shall be exempt from the height limitations. This has been acknowledged in the height calculations for the proposed project. -2- 4. Television antennas and steeples for places of worship that are taller than normal height limitations may be approved by the Development Review Board subject to the provisions of Article 14, Conditional Use Review. This criterion is not applicable to the proposed project. 5. The Development Review Board may approve any alteration which exceeds the thirty-five and twenty-five percent rule described above or which involves an increase to the structure's height, footprint or square footage subject to the provisions of Article 14, Conditional Use Review. The provisions of Article 14, Conditional Use Review have been addressed below. 6. In addition to the provisions set forth above, the Development Review Board shall determine that the proposed alteration or expansion will not adversely affect: (a) Views of adjoining and/or nearby properties; The proposed project will not adversely affect the views of adjoining or nearby properties. (b) Access to sunlight of adjoining and/or nearby properties; and The proposed project will not adversely affect the access to sunlight by adjoining or nearby properties. (c) Adequate on -site parking The proposed project will not alter or affect on -site parking. Adequate on -site parking is available. 7. Development, construction, and alterations within the QCP District within one hundred (100) linear feet of the center line of Potash Brook shall be subject to the requirements of the Potash Brook Overlay District. The subject property is not within 100 linear feet of the Potash Brook. 8. Multi -family dwellings shall be subject to site plan review, as per Article 14. This criterion is not applicable to the proposed project. CONDITIONAL USE REVIEW STANDARDS 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. -3- The proposed addition to the existing single-family dwelling is in keeping with the planned character of the area as identified in 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 to encourage residential uses at densities and setbacks that are compatible with the existing character of the QCP neighborhood. It is designed to promote smaller lots, and reduced setbacks. The proposed addition to the existing single-family dwelling is keeping in with the purpose of the QCP Zoning District. 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 addition will not adversely affect municipal services. (b) The essential character of the neighborhood or district in which the property is located, nor ability to develop adjacent property for appropriate uses. The proposed addition is in keeping with the character of surrounding properties and will not adversely affect the character of the area or the ability to develop adjacent properties. (c) Traffic on roads and highways in the vicinity. The proposed addition will not affect traffic in the vicinity. (d) Bylaws in effect. The proposed addition will not affect bylaws in the vicinity- (e) Utilization of renewable energy resources. The proposed addition will not affect renewable energy resources. (f) General public health and welfare. The proposed addition will not have an adverse affect on general public welfare. M DECISION /' Motion by l it �U�C�I -,seconded by C� E q�* b to approve Conditional Use Application #CU-05-05 of Richard & Rebecca Cass y, subject to the following conditions: 1) All previous approvals and stipulations shall remain in full effect, except as amended herein. 2) The height of the proposed addition shall not exceed 25' above the average pre - construction grade. 3) Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 4) This project shall be completed as shown on the plans submitted by the applicant, as amended by this decision, and on file in the South Burlington Department of Planning & Zoning. 5) Pursuant to Section 17.04(B) of the South Burlington Land Development Regulations, the applicant shall obtain a zoning permit within six (6) months of this decision. Chuck Bolton — yea/nay/abstain not presen Mark Boucher — e /nay/abstain/not present John Dinklage a nay/abstain/not present Roger Farley — yea/ /abstain of resen Larry Kupferman 7Qenay/abstain/not present Gayle Quimby — ea ay/abstain/not present Motion carried by a vote of + - o - Signed this ' day of April 2005, by John Dinklage, 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). -5-