HomeMy WebLinkAboutCU-05-07 - Decision - 0024 Maryland StreetCITY of SOUTH BURLINGTON
DEPARTMENT of PLANNING AND ZONING
JOEL CLEMENTS - 24 MARYLAND STREET
CONDITIONAL USE APPLICATION #CU-05-07
FINDINGS of FACT AND DECISION
Joel S. Clements, hereafter referred to as the applicant, is seeking conditional use
approval under Section 14.10, Conditional Use Review, of the South Burlington Land
Development Regulations. The request is for permission to allow a 6'x32' porch to
encroach 15 feet into the front setback, 24 Maryland St. The Development Review Board
held a public hearing on May 17, 2005. The applicant 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 this application, the Development
Review Board finds, concludes, and decides the following:
FINDINGS of FACT
1. The applicant is seeking conditional use approval under Section 14.10, Conditional
Use Review, of the South Burlington Land Development Regulations. The request is for
permission to allow a 6'x32' porch to encroach 15 feet into the front setback, 24
Maryland St.
2. The owner of record of the subject property is Joel S. Clements.
3. The subject property is located in the Residential 4 (R4) Zoning District.
4. The plans submitted consist of a site plan and three (3) elevation drawings with a
received stamped date of 4/12/05.
CONDITIONAL USE REVIEW STANDARDS
Pursuant to Section 14.10(E) of the Land Development Regulations the proposed
conditional use shall meet the following standards:
9. 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.
2. The proposed use shall conform to the stated purpose of the district in which
the proposed use is 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 land adjacent to those
neighborhoods. Any use not expressly permitted is prohibited, except those that are
allowed as conditional uses.
Due to the encroachment into the established front setback, the proposed porch is not in
keeping with the purpose of the R4 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 Board does not believe that the proposed addition will 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 porch is not in keeping with the character of surrounding properties, as it
will encroach into the setback established for the area. The subject dwelling unit is
already the closest structure to the right-of-way, and the porch will make this structure
even closer.
(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 comply with the bylaws regulating setback for the R4
Zoning District.
(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.
DECISION
Motion by , seconded by
to approve Conditional Use Application #CU-05-07 of Joel Clements.
Mark Behr — yea/nay/abstain/not present
Chuck Bolton — yea/nay/abstain/not present
Mark Boucher — yea/nay/abstain/not present
John Dinklage — yea/nay/abstain/not present
Roger Farley — yea/nay/abstain/not present
Larry Kupferman — yea/naylabstain/not present
Gayle Quimby — yea/nay/abstain/not present
Motion failed by a vote of
PROJECT IS DENIED
Signed this _Lj day of May 2005, by
M
n 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).
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