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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). -3-