HomeMy WebLinkAboutMS-05-01 - Decision - 0003 Maryland StreetCITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
BURT AND APRIL PLOOF 3 MARYLAND STREET
MISCELLANEOUS APPLICATION #MS-05-01
FINDINGS OF FACT AND DECISION
Burt and April Ploof, hereafter referred to as the applicants, are seeking approval to
allow a 24' x 38' second story addition to a single family dwelling to encroach 9.5 feet
into the required front setback, 3 Maryland Street. The Development Review Board held
a public meeting on July 19, 2005. Burt Ploof was present at the meeting.
Based on testimony provided at the above mentioned public meeting 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 approval to allow a 24' x 38' second story addition to
a single family dwelling to encroach 9.5 feet into the required front setback, 3
Maryland Street.
2. The subject property is located in the Residential 4 (R4) Zoning District.
3. The owners of record of the subject property are Burt and April Ploof.
4. The plan submitted is entitled, "3 Maryland Site Plan", prepared by the applicant,
stamped received by the City on May 27, 2005.
Section 3.06 (J) (3) of the South Burlington Land Development Regulations
governs encroachment subject to Development Review Board approval:
Encroachment of a structure into a required setback beyond the limitations set
forth in (a) and (b) above may be approved by the Development Review Board
subject to the provisions of Article 14, Conditional Uses, but in no event shall a
structure be less than three feet from a side or rear property line or less than five
feet from a front property line. In addition, the Development Review Board shall
determine that the proposed encroachment will not have an undue adverse effect
on:
(a) views of adjoining properties
The proposed addition will not adversely affect the views of adjoining properties.
(b) access to sunlight of adjoining and/or nearby properties
The proposed addition will not block access to sunlight for adjoining or nearby
properties.
(c) adequate on -site parking
The proposed second -story addition will not influence parking in any manner.
(d) safety of adjoining and/or nearby property
The proposed addition will not impact the safety of adjoining or nearby properties
Section 14.10 (E) of the South Burlington Land Development Regulations governs
the review standards for Conditional Use Permits:
The Development Review Board shall review the proposed conditional use for
compliance with all applicable standards as contained in these regulations. The
proposed conditional use 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 addition to the existing single-family dwelling is in keeping with the
planned character of the area as identified in the Comprehensive Plan. The proposed
second story will not encroach toward the road any further than the existing home.
The proposed use shall conform to the stated purpose of the district in which
the proposed use is to be located.
According to Section 4.03(A) of the Land Development Regulations, the purpose of the
Residential 4 District is to encourage residential use at moderate densities that are
compatible with existing neighborhoods and undeveloped /and adjacent to those
neighborhoods. Any use not expressly permitted is prohibited, except those that are
allowed as conditional uses.
The proposed porch is in keeping with the purpose of the R4 Zoning District.
The proposed use shall not adversely affect:
a. The capacity of existing or planned municipal or educational
facilities.
The proposed addition will not adversely affect municipal or educationai
services.
b. The essential character of the neighborhood or district in which the
property is located, or the ability to develop adjacent property for
appropriate uses.
The proposed addition will not adversely affect the neighborhood in which the
property is located. The applicant is not proposing to encroach upon the road
any further than it already is.
c. Traffic on roads and highways in the vicinity.
The proposed addition will not adversely affect traffic in the vicinity.
d. Bylaws in effect.
The proposed addition will not violate any bylaws in effect.
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.
/2� DECISION
Motion by�� ��i�/✓ ,seconded by bG�n
to approve Miscellaneous applicatio #MS-05-01 of Burt & April Ploof, subject t the
following conditions:
All previous approvals and stipulations, which are not superseded by this
approval, shall remain in effect.
2. This project shall be completed as shown on the plans submitted by the
applicants, as amended by this decision, and on file in the South Burlington
Department of Planning and Zoning.
3. The applicant shall obtain a zoning permit within six (6) months pursuant to
Section 17.04 of the Land Development Regulations, or this approval is null and
void.
Mark Behr — Oye/nayiabstain/not present
Chuck Bolton — e nay/abstain/not present
John Dinklage — e nay/abstain/not present
Roger Farley — ea nay/abstain/not present
Larry Kupferman *—e nay%abstain/not present
Gayle Quimby —y/abstain/not present
Motion carried by a vote of _l __ U - O
Signed this day of July 2005, by
John Dinklage, thair
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).
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