HomeMy WebLinkAboutSD-95-0000 - Decision - 0131 0138 Patchen RoadFINDINGS OF FACT & DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application of Mary and Terry Shepard to
subdivide 1.47 acres of land containing a single family home into
three (3) lots of 29,856 square feet, 17,867 square feet and 16,492
square feet, 131 Patchen Road.
On the 27th day of June, 1995, the South Burlington Planning
Commission approved the request of Mary and Terry Shepard for final
plat approval under Section 204 of the South Burlington Subdivision
Regulations based on the following findings:
1. This project consists of the subdivision of a 1.47 acre lot
with a single family dwelling into three (3) lots of 29,856 square
feet (parcel A), 16,492 square feet (parcel #1) and 17,867 square
feet (parcel #2). The preliminary plat was approved on May 25,
1995. The final plat has not changed since preliminary and is
acceptable.
2. This property located at 131 Patchen Road lies within the R4
District. It is bounded on the west by a single family dwelling,
on the north by Summer Woods residential development, on the east
by Patchen Road and on the south by Jaycee Park.
3. Access: The property access includes a 27 foot curb cut on
Patchen Road serving the residence on parcel A and a 10 foot curb
cut and 20 foot r.o.w. serving an existing residence on parcel B.
No access changes proposed. The existing 20 foot r.o.w. would
serve the two (2) new lots and the existing residence on parcel B.
4. The 10 foot curb cut will be widened to at least 12 feet to
meet the minimum driveway width requirement for residential
driveways under Section 26.103(b) of the zoning regulations. This
is indicated on the plat with a note.
5. The plan shows a 12 foot wide drive serving three (3) lots.
The South Burlington Subdivision Regulations require that "all
private roadways shall be a minimum width of 30 feet with parking
and 24 feet without parking". The Planning Commission at
preliminary plat approved a 12 foot wide drive since it will serve
only three (3) homes. The drive must be widened to 12 feet prior
to issuance of a zoning permit for the development of lots #1 & #2.
This widening is indicated on the plat with a note.
6. Lot size/frontage: The minimum lot size requirement of 9500
square feet is being met by all three (3) lots.
7. The minimum lot frontage requirement of 100 feet is being met
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by parcel A. Parcels #1 and #2 have no frontage on a public
street. Since these lots have no frontage, this application is
being treated as a major subdivision as required under Section
26.202(a) of the zoning regulations.
8. C.O. District: A portion of the property lies within a C.O.
District created by a stream on the property to the north. This
C.O. District is shown on the plan. A portion of the existing
gravel drive serving an existing dwelling lies partially within
this district.
9. Sidewalk: There is an existing sidewalk along the property's
frontage. This sidewalk is shown on the plat.
10. Legal documents: The applicant should submit legal documents
for the 20 foot r.o.w. and utility easement for review and approval
by the City Attorney. These documents should be recorded prior to
recording the final plat plan (this was a condition of preliminary
plat approval).
11. Impact fees: The applicant was made aware that development of
parcels #1 and #2 will be subject to road, recreation and school
impact fees.
DECISION & CONDITIONS
Based on the above Findings of Fact, the South Burlington Planning
Commission approves the Final Plat application of Mary and Terry
Shepard to subdivide 1.47 acres of land containing a single family
home into three (3) lots of 29,856 square feet, 17,867 square feet
and 16,492 square feet, 131 Patchen Road, as depicted on a plan
entitled "Final Plat Three Lot Subdivision For Terry & Mary Shepard
#131 Patchen Road, So. Burlington, VT", prepared by Vermont Land
Surveyors, dated September 7, 1987, last revised 4/19/95, with the
following stipulations:
1. All previous approvals and stipulations which are not
superseded by the approval shall remain in effect.
2. The 10 foot curb cut and the access drive serving lots #1, 2
and B shall be widened to 12 feet prior to the issuance of a zoning
permit for development of lots #1 or #2.
3. The sewer line serving lots 1 and 2 shall be privately owned
and maintained by the lot owners. The utility easement shall
define this responsibility for maintenance and repair.
4. The applicant shall submit, for review and approval by the City
Attorney, the legal documents for the 20 foot r.o.w. and utility
easement. These documents shall be recorded in the land records
prior to recording rile final plat plans. The easement deed shall
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define responsibility for maintenance and repair.
5. The final plat shall be recorded in the South Burlington land
records within 90 days or this approval is null and void. The plat
shall be signed by the Planning Commission Chairman or Clerk prior
to recording.
Chairman or Clerk
South Burlington Planning Commission
Date
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