The Development Review Board held a public hearing on June 17, The owners were represented by Chris Conner. FINDINGS OF FACT

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1 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING CHRIS CONNER 54 BARTLETT BAY ROAD CONDITIONAL USE APPLICATION #CU FINDINGS OF FACT AND DECISION Conditional use application #CU of Chris Conner to raze an existing single family dwelling with a footprint of 2004 sq. ft. and construct a new single family dwelling with a footprint of 3004 sq. ft., 54 Bartlett Bay Road. The Development Review Board held a public hearing on June 17, The owners were represented by Chris Conner. Based on the plans and 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, Chris Conner, seeks conditional use approval to raze an existing single family dwelling with a footprint of 2004 sq. ft. and construct a new single family dwelling with a footprint of 3004 sq. ft., 54 Bartlett Bay Road. 2. The owners of record of the subject property are Michael Metz and Denise Shekerjian. 3. The subject property is located in the Lakeshore Neighborhood Zoning District 4. The application was received on May 8, The plans submitted consist of a five (5) page set of plans, page one (1) entitled, Proposed Improvements 54 Bartlett Bay Road South Burlington Vermont, prepared by Civil Engineering Associates, Inc., dated March 26, PROJECT DESCRIPTION Chris Conner seeks conditional use approval on behalf of landowners Shekerjian and Metz to raze an existing single family dwelling with a footprint of 2004 sq. ft. and construct a new single family dwelling with a footprint of 3004 sq. ft. This represents a 50% increase in the footprint area, which is the maximum permissible expansion. The plans also show a variety of other site improvements. Where the existing home has a detached garage, the garage serving the new home will be attached.

2 CITY OF SOUTH BURLINGTON 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING CU_14_05_54BartlettBayRoad_Conner_ffd.doc Table 1. Dimensional Requirements LN Zoning District Required Existing Proposed Min. Lot Size 12,000 SF 16,480 16,480 SF Max. Building Coverage 20 % 13.0% 18.0% Max. Overall Coverage 40 % 26.8% 35.9% Min. Front Setback 20 ft. >>20 ft. >> 20 ft. Min. Side Setback 10 ft. >10 ft. house, 5.8 ft. garage 10 ft. on both sides Min. Rear Setback 30 ft. >30 Waterfront Setback 150 ft. 27 ft. 27 ft. Zoning Existing nonconforming? The site plan says existing overall lot coverage is 26.8%, the application says 14.5%, and staff will be using the information on the site plans as they are more likely to be correct.?? The application says 23% overall lot coverage proposed, but the property cannot already be at 26.8% coverage, expand the building footprint by 1000 sq. ft., and end up with less lot coverage than exists today, so staff will be using the information on the site plan. Section 12.01(D) Pre-Existing Structures along Lake Champlain and within Queen City Park Section 12.01(D) of the SBLDR includes all lands within one hundred fifty feet horizontal distance of the high water elevation of Lake Champlain. The expansion and reconstruction of pre-existing structures on these lands may be approved by the DRB as a conditional use provided the requirements of the underlying zoning district and the following standards are met: a) The structure to be expanded or reconstructed was originally constructed on or before April 24, Testimony received at the hearing stated that the existing structure meets this criterion. b) The expanded or reconstructed structure does not extend any closer, measured in terms of horizontal distance, to the applicable high water elevation or stream centerline than the closest point of the existing structure. The proposed new dwelling is no closer to the lake than the closest portion of the existing structure. This criterion is satisfied. c) The total building footprint area of the expanded or reconstructed structure shall not be more than fifty percent larger than the footprint of the structure lawfully existing on April 24, The proposed structure meets this criterion, as the footprint of the new home is 50% larger than the existing home, which does not exceed the 50% maximum possible expansion. This criterion is satisfied. d) An erosion control plan for construction is submitted by a licensed engineer detailing controls that will be put in place during construction or expansion to protect the associated surface water.

3 CITY OF SOUTH BURLINGTON 3 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING CU_14_05_54BartlettBayRoad_Conner_ffd.doc The applicant has submitted an erosion control plan prepared by a licensed professional engineer. As long as this plan is followed and it accomplishes its intended purposes, then this criterion is satisfied. e) A landscaping plan showing plans to preserve maintain and supplement existing trees and ground cover vegetation is submitted and the DRB finds that the overall plan will provide a visual and vegetative buffer for the lake and/or stream. The site plan indicates that one (1) mature tree (species unknown) will be removed and will not be replaced. All other trees on the property are proposed to be preserved and maintained. Staff feels that the proposed landscaping plan likely does not meet the criteria above, and is lacking sufficient information to satisfy the standards. Staff has the following comments: The application does not explain the need to remove the existing mature tree on the site. There appears to be a reduction in the visual buffer for the lake provided by the trees and no steps to supplement existing trees. The site plan does not appear to indicate the existence or proposal for any ground cover vegetation other than existing trees and grass. Vegetative buffers are an important element of water quality. In order to fully assess Staff recommends that the Board seek information regarding the need to remove the one (1) tree on the property and details of the species, size (dbh), health, and the need for removal of the one (1) tree. 1. The Board should discuss the landscaping plan and determine whether the criteria are being met with the applicant. CONDITIONAL USE CRITERIA Pursuant to Section 12.01(D) of the South Burlington Land Development Regulations ()Pre-existing structures along Lake Champlain and within Queen City Park), the proposed structure shall be reviewed as a conditional use and shall meet the following standards of Section 14.10(E): 14.10(E) General Review Standards. 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 not result in an undue adverse effect on any of the following: (1) The capacity of existing or planned community facilities. This project will have no adverse effect upon community facilities. This criterion is satisfied. (2) The character of the area affected, as defined by the purpose or purposes of the zoning district within which the project is located, and specifically stated policies and standards of the municipal plan.

4 CITY OF SOUTH BURLINGTON 4 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING CU_14_05_54BartlettBayRoad_Conner_ffd.doc The Board finds the proposed project consistent with the stated purpose of the Lakeshore Neighborhood District, which is to encourage residential use at densities and setbacks that are compatible with the existing character of the lake shore neighborhoods located in the vicinity of Bartlett Bay Road and Homes Road. This criterion is satisfied. (3) Traffic on roads and highways in the vicinity. This project will have no adverse effect on traffic on roads and highways in the vicinity. This criterion is satisfied. (4) Bylaws and ordinances then in effect. The new home intrudes no further into the water protection buffer area. This criterion is satisfied. (5) Utilization of renewable energy resources. This project will not affect renewable energy resources. This criterion is satisfied. Section (C) (2) General Stream and Surface Water Protection Standards (4) New uses and encroachments within stream buffers. The encroachment of new land development activities into the City s stream buffers is discouraged. The DRB may authorize the following as conditional uses within stream buffers, subject to the standards and conditions enumerated for each use. The DRB may grant approvals pursuant to this section as part of PUD review without a separate conditional use review. (a) Agriculture, horticulture and forestry including the keeping of livestock, provided that any building or structure appurtenant to such uses is located outside the stream buffer. (b) Clearing of vegetation and filling or excavating of earth materials, only to the extent directly necessitated for the construction or safe operation of a permitted or conditional use on the same property and where the DRB finds that: i. There is no practicable alternative to the clearing, filling or excavating within the stream buffer; and ii. The purposes of this Section will be protected through erosion controls, plantings, protection of existing vegetation, and/or other measures. (c) Encroachments necessary to rectify a natural catastrophe for the protection of the public health, safety and welfare. (d) Encroachments necessary for providing for or improving public facilities. (e) Public recreation paths, located at least ten (10) feet from the edge of channel of the surface water. (f) Stormwater treatment facilities meeting the Vermont Agency of Natural Resources stormwater treatment standards, and routine maintenance thereof, including necessary clearing of vegetation and dredging. Evidence of a complete application to the VANR for coverage under the applicable permitting requirements shall be required to meet this criterion for encroachment into a stream buffer. (g) Roadways or access drives for purposes of crossing a stream buffer area to gain

5 CITY OF SOUTH BURLINGTON 5 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING CU_14_05_54BartlettBayRoad_Conner_ffd.doc access to land on the opposite side of the buffer, or for purposes of providing safe access to an approved use, in cases where there is no feasible alternative for providing safe access and the roadway or access drive is located at least ten (10) feet from the edge of channel of the surface water. (h) Utility lines, including power, telephone, cable, sewer and water, to the extent necessary to cross or encroach into the stream buffer where there is no feasible alternative for providing or extending utility services. (i) Outdoor recreation, provided any building or structure (including parking and driveways) appurtenant to such use is located outside the stream buffer. (j) Research and educational activities provided any building or structure (including parking and driveways) appurtenant to such use is located outside the stream buffer. (k) Hydro-electric power generation The applicant submitted an erosion control plan, designed by a licensed professional engineer. The Board finds that this proposal meets the requirement of subsection (b) above. This criterion is satisfied. DECISION Motion by, seconded by, to approve conditional use application #CU of Chris Conner, subject to the following conditions: 1. 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 applicant 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 of the Land Development Regulations or this approval is null and void. 4. Any change to the approved plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. Tim Barritt yea nay abstain not present Mark Behr yea nay abstain not present Art Klugo yea nay abstain not present Bill Miller yea nay abstain not present David Parsons -- yea nay abstain not present Jennifer Smith -- yea nay abstain not present John Wilking yea nay abstain not present

6 CITY OF SOUTH BURLINGTON 6 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING CU_14_05_54BartlettBayRoad_Conner_ffd.doc Motion carried by a vote of X Y Z Signed this day of 2014, by Tim Barritt, Chair Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this decision, a notice of appeal and the required fee by certified mail to the Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be mailed to the City of South Burlington Planning and Zoning Department at 575 Dorset Street, South Burlington, VT See V.R.E.C.P. 5(b)(4)(A). Please contact the Environmental Division at or for more information on filing requirements, deadlines, fees and mailing address. The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call to speak with the regional Permit Specialist.

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