HomeMy WebLinkAboutMS-01-02 - Decision - 0130 Patchen Road#MS-01-02
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, conditional use application #MS-01-02 of Michael and Joanne Moody under
Section 25.118(c) of the South Burlington Zoning Regulations to relocate an 18' x 24' garage 20 feet
from the front property line along Pine Street, 130 Patchen Road.
On the 3rd of April, 2001, the South Burlington Development Review Board approved the
application of Michael and Joanne Moody for approval under Section 25.118, Exceptions to Yard
Setback and Lot Coverage Requirements, of the South Burlington Zoning Regulations based on the
following findings:
1. applicant is seeking conditional use approval under Section 26.05, Conditional Uses, and Section
25.118(c), Exceptions to Yard Setback and Lot Coverage Requirements, of the South Burlington
Zoning Regulations. Request is for permission to relocate an 18' x 24' garage 20 feet from the front
property line along Pine Street, 130 Patchen Road.
2. The owners of record of this particular property are Michael and Joanne Moody.
3. This property is located in the Residential Four District. The property is bounded by Patchen Road
on the west, on the north by Pine Street, on the east by a residence, and on the south by a residence.
4. Criteria of Section 25.118 (c): This section provides for encroachment of a structure to within five
feet from the front property line provided that the encroachment will not have an undue adverse
affect on:
(i) views of adjoining and/or nearby properties.
(ii) access to sunlight of adjoining and/or nearby properties
(iii) adequate on -site parking; and
(iv) safety of adjoining and/or nearby property
The property is a corner lot with the garage fronting along Pine Street. The garage is currently set back
from the house. The relocation of the garage will bring it to roughly parallel with the facade ofthe house
along the Pine Street frontage. The majority of the structures along Pine Street have the same front yard
setback as the Moody's house or less. The moving of the garage will not decrease the amount of parking
on the site or create a safety issue. It was stafFs recommendation that no adverse affect will result from
the proposed addition.
DECISION AND CONDITIONS
Based on the above Findings of Fact, the South Burlington Development Review Board approves
conditional use application #MS-01-02 of Michael and Joanne Moody under Section 25.118(c) of the
South Burlington Zoning Regulations to relocate an 18' x 24' garage 20 feet from the front property line
along Pine Street,130 Patchen Road, as depicted on a plan entitled "130 Patchen Road", with a stamped
received date of 3/7/01, with the following stipulations:
1. All previous approvals and stipulations which are not superseded by this approval shall remain in
effect.
2. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 27.302 of the
Zoning Regulations or this approval is null and void.
3. Any change to the site plan shall require approval by the South Burlington Development Review
Board.
2. - d C/-13- of
twit or Clerk Date
South Burlington Development Review Board
Please Note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 V.S.A.
§ 4471 and V.RC.P. 76, in writing, within 30 days of the date this decision is issued. The fee is $150.00. 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 V.S.A. § 4472(d) (exclusivity of remedy; finality).