HomeMy WebLinkAboutSD-95-0000 - Decision - 0131 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 squre feet,
17,867 square feet and 16,492 square feet, 131 Patchen Road.
On the 23rd of May, 1995, the South Burlington Planning Commission approved the
request of Mary and Terry Shepard 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 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 sketch plan was reviewed on
4/4/95.
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 12 feet to meet the minimum driveway
width requirement for residential driveways under Section 26.103 (b) of the zoning
regulations.
5. The plan shows a 12 foot wide drive serving three (3) lots. The South
Burlington Public/Private Roadway Policy requires that "all private roadways shall
be a minimum width of 30 feet with parking and 24 feet without parking". The
Planning Commission at sketch plan agreed that 12 feet would be adequate
considering that the drive will serve only three (3) homes.
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 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 . 0. 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.
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 preliminary 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 "Preliminary 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 the final plat plans. The
easement deed shall define responsibility for maintenance and repair.
5. The final plat application shall be submitte in 12 months or this preliminary
approval is null and void.
---Chairman -or Clerk
South Burlington Planning Commission
Date
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