HomeMy WebLinkAboutAO-04-02 - Decision - 0013 Lyons AvenueCITY of SOUTH BURLINGTON
DEPARTMENT of PLANNING & ZONING
KAREN ALENCE
APPEAL #AO-04-02 — 11 LYONS AVENUE
FINDINGS of FACT AND DECISION
Karen Alence, hereinafter referred to as the "appellant", is appealing the decision
of the Administrative Officer to issue zoning permit #ZP-04-391 to raze an
existing single family dwelling at 11 Lyons Avenue and construct a new 30' x 34'
single family dwelling with a 10' x 30' deck on the same property. The
Development Review Board held a public hearing on December 7, 2004. The
appellant was 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 the appeal, the
Development Review Board finds, concludes, and decides the following:
FINDINGS of FACT
The appellant is appealing the decision of the Administrative Officer to
issue zoning permit #ZP-04-391 to raze an existing single family dwelling
at 11 Lyons Avenue and construct a new 30' x 34' single family dwelling
with a 10' x 30' deck on the same property.
2. The owners of record of 11 Lyons Avenue are Gary and Barbara Keller.
3. The subject property is located in the Queen City Park Zoning District. A
single family dwelling is a permitted use in this zoning district.
4. On October 21, 2004 the Administrative Officer received a zoning permit
application to raze an existing single family dwelling at 11 Lyons Avenue
and construct a new 30' x 40; single family dwelling with a 10' x 30' deck
on the same property.
5. The Administrative Officer issued the zoning permit on October 21, 2004
and assigned it #ZP-04-391.
6. On November 5, 2004 Karen Alence, an abutting landowner, appealed the
issuance of permit #ZP-04-391 to the Development Review Board. The
appellant is the owner of the property at 13 Lyons Avenue.
7. The required setback requirements are 10 feet front and rear and five (5)
feet on the sides. A scaled site plan was submitted with the permit
application showing that the proposed structure will meet all setback
requirements.
8. Section 4.08(F)(1) of the Land Development Regulations limits the height
of all structures in the Queen City Park Zoning District to 25 feet above the
average pre -construction grade. The zoning permit application indicated
that the height of the proposed structure will be 24'3" above pre -
construction grade.
9. The maximum building coverage allowed is 20%. Building coverage
proposed is 14.6%.
10. The zoning permit was issued because it met all applicable requirements
of the Land Development Regulations.
DECISION l
Motion by Mirk (? ,.l e, seconded by
to uphold the decision of the Administrative Officer to issue permit #ZP-04-391 lo,
raze an existing single family dwelling at 11 Lyons Avenue and construct a new
30' x 34' single family dwelling with a 10' x 30' deck on the same property.
Chuck Bolton — e�"'nay/abstain/not present
Mark Boucher — e, nay/abstain/not present
John Dinklage ea nay/abstain/not present
Roger Farley — e nay/abstain/not present
Michele Kupersmith —nay/abstain/not present
Larry Kupferman a nay/abstain/not present
Gayle Quimby — e /nay/abstain/not present
Motion carried by a vote of -7 - 0 - o
Signed this -,7— day of December, 2004 by
John Dinklage, Cha
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).