HomeMy WebLinkAboutSD-95-0001 - Decision - 1751 Spear StreetFINDINGS OF FACT & DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application of Ruth Trevithick for
subdivision of a 5.2 acre lot into three (3) lots of 2.18 acres,
1.49 acres and 1.53 acres, 1751 Spear Street.
On the 4th of April, 1995, the South Burlington Planning Commission
approved the request of Ruth Trevithick for preliminary plat
approval under Section 203 of the South Burlington Subdivision
Regulations based on the following findings:
1. This project consists of the subdivision of a 5.2 acre lot with
an existing single family dwelling into three (3) lots of 2.18
acres, 1.53 acres and 1.49 acres. This proposal is to supersede
the approval granted on 1/10/95. Under the previous approval lot
#3 was to be merged with an adjoining lot. The current proposal
calls for lot #3 to be a separate developable lot. Since this lot
does not have frontage on a public street, this application is
being treated as a major subdivision. The Zoning Board of
Adjustment on 10/24/94 granted the applicant a variance from the
frontage requirement for lot #2.
2. This property located at 1751 Spear Street lies within the R1
and R2 Districts. It is bounded on the north, south and west by
single family dwellings and on the east by Spear Street.
3. Access: Access to lot #1 is from an existing 16 foot wide
access drive on Spear Street. Access to lot #2 and 3 will be via
a shared driveway which is also a 20 foot r.o.w. across lot #2 to
access lot #3 which does not have frontage.
4. Lot size/frontage: The minimum lot size in the R1 District is
1 acre and the two (2) lots in this district will be 1.49 acres and
2.18 acres. The minimum lot size in the R2 District is 19,000
square feet (0.44 acres) and the lot proposed in this district is
1.53 acres.
5. The minimum lot frontage requirement is 170 feet. Lot #1 has
183.7 feet of frontage and meets this requirement. The ZBA on
10/24/94 granted a variance to allow lot #2 to have 150 feet of
frontage instead of the required 170 feet. Lot #3 has no frontage.
6. Sewer: The existing home on lot #1 is proposing to connect to
the municipal sewer system in addition to the homes on lots #2 and
#3. The total allocation needed is 1650 gpd. The per gallon fee
for lot #1 should be paid prior to connection and the fee for lots
#2 and #3 paid prior to permit issuance.
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7. Impact Fees: The applicant was made aware that school, road
and recreation impact fees will be required for the development of
lots #2 and 3 pursuant to the South Burlington Impact Fee
Ordinance.
8. Other:
--- the subdivision plat should be revised to show the easement
for the sewer pump station.
--- the applicant should be responsible for repairing any
settlement problems caused by the new force main along Spear
Street and within driveway crossings for a period of two (2)
years after installation of the sewer system.
--- the complete sewer system, including the force main, should be
a private system maintained jointly by the users. When a
municipal collection system is constructed, the private system
should be abandoned and the owners should connect to the
municipal system at their own expense.
DECISION & CONDITIONS
Based on the above Findings of Fact, the South Burlington Planning
Commission approves the preliminary plat application of Ruth
Trevithick for subdivision of a 5.2 acre lot into three (3) lots of
2.18 acres, 1.49 acres and 1.53 acres, 1751 Spear Street, as
depicted on a three (3) page set of plans, page one (1) entitled
"Ruth W. Trevithick Trust, 1751 Spear Street South Burlington, VT"
prepared by Trudell Consulting Engineers, Inc., dated 11/2/94, last
revised 2/28/95, subject to the following stipulations:
1. All previous approvals and stipulations which are not
superseded by this approval shall remain in effect.
2. A sewer allocation of 1650 gpd is granted. The per gallon fee
for lot #1 shall be paid prior to issuance of a sewer connection
permit. The per gallon fee for lots #2 and 3 shall be paid prior
to issuance of a zoning permit.
3. The plans shall be revised prior to submittal of the final plat
application as follows:
a) The subdivision plat shall be revised to an easement for
the sewer pump station which lies outside of the 20 foot sewer
easement.
4. The applicant shall be responsible for repairing any settlement
problems caused by the new force main along Spear Street and within
driveway crossings for a period of two (2) years after installation
of the sewer system.
5. The complete sewer system, including the force main and pump
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stations, shall be a private system maintained jointly by the
users. When a municipal collection system is constructed, the
private system must be abandoned and the owners must connect to the
municipal system at their own expense.
6. The applicant must submit the final plat application within 12
months or this approval is null and void.
Chairman or clerk
South Burlington Planning Commission
Date
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