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Home My WebLink AboutCU-05-04 - Decision - 0005 Lyons AvenueCITY of SOUTH BURLINGTON DEPARTMENT of PLANNING AND ZONING RICHARD & REBECCA CASSIDY ACCESSORY APARTMENT- 5 LYONS AVENUE CONDITIONAL USE APPLICATION #CU-05-04 FINDINGS of FACT AND DECISION Richard and Rebecca Cassidy, hereafter 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 construct a 598 square -foot accessory residential unit, 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 construct a 598 square -foot accessory residential unit, 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. ACCESSORY RESIDENTIAL UNITS Pursuant to Section 3.10(E)(1) of the proposed Land Development Regulations, in any district where a single-family residence is a principal permitted use, one (1) accessory residential unit within or attached to a primary single-family residence may be permitted by the DRB in accordance with Article 14, the Conditional Use criteria and the following additional criteria: (a) With the exception of lots in R1, R2, and SEQ Districts that are one-half acre or greater in area, occupancy of the accessory residential unit is restricted to not more than two persons, one of whom is either (i) related by blood, marriage, or adoption to the owner of the primary single-family residence, or (ii) is disabled as defined in subdivision 252(2) of Title 18, or (iii) is at least 55 years of age. - 1 - 1. The applicant shall target a person(s) who meets one of the above -mentioned requirements. (b) On lots that are one-half (112) acre or greater in size in the R1, R2 and SEQ districts, occupancy of the accessory residential unit is restricted to not more than two persons and no additional restrictions shall apply. This criterion does not apply to the subject property. (c) Floor space of the accessory residential unit shall not exceed 600 square feet or 30% of the gross floor area of the original dwelling unit, whichever is less. The existing single-family dwelling unit is 3,168 square feet, 30% of which would be 950 square feet. However, pursuant to Section 3.10(E)(3) of the Land Development Regulations, the maximum area that may be permitted as an accessory residential unit is 600 square feet. The applicant is proposing to dedicate 598 square feet to this use. (d) Maximum occupancy of the accessory residential unit shall be two persons. 2. The maximum occupancy of the accessory residential unit shall be two persons. (e) The principal dwelling shall be owner -occupied. 3. The principal dwelling shall remain owner -occupied. (f) No exterior alteration, other than the entranceways and other alterations required by the Vermont building code are made to the principal dwelling. The subject application does not include any proposed exterior alterations. (g) No exterior entrance or other alterations shall be made to the front of the original dwelling. The front of the existing dwelling will remain unchanged. (h) Public water and sewer shall be provided to all residences on the lot. The existing dwelling unit is currently served by municipal sewer and water. (i) No home occupation shall be conducted in an occupied accessory apartment. No home occupation shall be conducted in an occupied accessory apartment. -2- U) One additional off-street parking space shall be provided on the same lot. The existing layout of the driveway appears adequate to accommodate an additional vehicle. However, the applicant shall designate an additional parking space to be associated with the proposed accessory residential unit. (k) A zoning permit shall be required for each accessory apartment. Prior to constructing the accessory apartment, the applicant shall obtain a zoning permit from the Administrative Officer. CONDITIONAL USE CRITERIA 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. According to the South Burlington Comprehensive Plan, residential neighborhoods should be protected from incompatible commercial encroachment and traffic adherence. In addition, the Plan states that the City should consider increasing the residential densities in areas that are planned for residential use. The proposed accessory residential unit will be consistent with the plan character of the area, as defined by the Comprehensive Plan. 2. The proposed use shall conform to the stated purpose of the district in which the proposed use is to be 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 accessory residential unit conforms to the stated purpose of the QCP District. 3. The DRB must find that the proposed uses will not adversely affect the following: (a) The capacity of existing or planned municipal or educational facilities. Educational facilities will not be affected, as the accessory apartment will be occupied by no more than two individuals. In addition, the accessory apartment will adversely affect other municipal services. -3- (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 proposal is in keeping with residential uses on 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 addition of one or two residents will have negligible affects on traffic in the vicinity. (d) Bylaws in effect. The proposed project is in keeping with regulations, provided the applicant obtains water and sewer allocation. (e) Utilization of renewable energy resources. The proposal will not affect renewable energy resources. (f) General public health and welfare The proposed accessory apartment will not have an adverse affect on general public welfare. fQ DECISION r Motion by PM A�(1�i seconded by to approve Conditional Use Application #CU-05-04 of Richard & Rebecca Ca sidy, subject to the following conditions: 1) All previous approvals and stipulations shall remain in full effect, except as amended herein. 2) The applicant shall target a person(s) who meets one of the requirements as outlined in Section 3.10(E)(1) of the proposed Land Development Regulations 3) The maximum occupancy of the accessory residential unit shall be two persons. 4) No home occupation shall be conducted in an occupied accessory apartment. 5) The plan shall be revised to show the changes below and shall require approval of the Administrative Officer. Three (3) copies of the approved revised plan shall be submitted to the Administrative Officer prior to permit issuance. a) The plan shall be revised to show the dedication of an additional parking space to be associated with the proposed accessory unit. Z! 6) This project shall be completed as shown on the plans submitted by the applicant, and on file in the South Burlington Department of Planning and Zoning. 7) 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 of resen Mark Boucher — e nay/abstain/not present John Dinklage — e nay/abstain/not present Roger Farley — yea/n /abstain of presen Larry Kupferman — e /nay/abstain/not present Gayle Quimby — ea ay/abstain/not present Motion carried by a vote of q - O - O Signed this -5 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-