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HomeMy WebLinkAboutCU-01-03 - Decision - 0005 Lyons Avenue#CU-01-03 FINDINGS OF FACT AND DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, conditional use application #CU-01-03 of Richard Cassidy under Section 3.506 and Section 26.05 of the South Burlington Zoning Regulations to construct: 1) a sea wall to elevation 103 for approximately 50 feet, and 2) construct a set of stairs 3' x 28' from an existing deck to the proposed sea wall, 5 Lyons Avenue. On the 1 st of May, 2001, the South Burlington Development Review Board approved the conditional use application of Richard Cassidy under Section 26.05 and Section 3.506 of the South Burlington Zoning Regulations based on the following findings: 1. The applicants are seeking conditional use approval under Section 26.05, Conditional Uses, and Section 3.506(d) of the South Burlington Zoning Regulations. Request is for permission to construct: 1) a sea wall to elevation 103 for approximately 50 feet, and 2) construct a set of stairs 3' x 28' from an existing deck to the proposed sea wall, 5 Lyons Avenue. 2. The owner of record is Richard Cassidy. 3. This property is located within the Conservation and Open Space District. It is bounded on the north by single family residence, on the west by Lake Champlain, on the south and east by vacant land. 4. Criteria of 3.506 (for water oriented structures) d) The proposed seawall will: 1) to the greatest extent possible use natural materials. Staff recommended that a stone wall fagade be built to hide the unnatural concrete block wall proposed. 2) not increase the potential for erosion. The applicant was asked to address this criteria at the meeting. Often when a seawall is constructed it minimizes erosion on the property and increases erosion elsewhere. 3) not have undue adverse impact on the aesthetic integrity of the lakeshore. While there is a concrete block wall adjacent to the property, staff recommended that the new seawall be covered in stone to enhance its aesthetic impact on the lakeshore. 4) result in minimal removal of trees, shrubs, and ground cover. The applicant was asked to address this criteria at the meeting. e) Existing trees and ground cover shall be preserved and maintained to enhance the aesthetic integrity of the lake shore, provide a visual buffer form the lake, and an absorption area for erosion prevention. 5. Conditional Use Criteria: The proposed use complies with the stated purpose of the Conservation and Open Space District to "maintain and improve the quality of natural resources such as soil, air, and water and the natural process by which they are related, and to ensure a safe healthful, and aesthetically -pleasing community." 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 applicant should address the aesthetic criteria above and be prepared to address these concerns at the meeting. 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 (see above). e) utilization of renewable resources. There is no utilization of renewable energy resources to be affected. f) general public health and welfare. No adverse affect is expected. DECISION AND CONDITIONS Based on the above Findings of Fact, the South Burlington Development Review Board approves the conditional use application #CU-01-03 of Richard Cassidy under Section 3.506 and Section 26.05 ofthe South Burlington Zoning Regulations to construct: 1) a sea wall to elevation 103 for approximately 50 feet, and 2) construct a set of stairs 3' x 28' from an existing deck to the proposed sea wall, 5 Lyons Avenue, as depicted on a plan entitled "Cassidy", with a stamped received date of 2/26/01, with the following stipulations: 1) All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2) The seawall shall be rip rap to enhance its aesthetic impact on the lakeshore and to provide the appearance of natural materials. 3) 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. 2 4) Any change to the site plan or appearance of the sea wall or steps shall require approval by the South Burlington Development Review Board. a� Chair or Clerk Date South Burlington Development Review Board 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 $150.00. If you fail to appeal this decision, your right to challenge this decision at some fixture 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).