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HomeMy WebLinkAboutSD-95-0000 - Decision - 0185 Patchen RoadFINDINGS OF FACT & DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, application of Germaine LeClair for subdivision of a 43,579 square feet parcel of land with a single fmaily home into three (3) lots of 24,569 square feet, 9,504 square feet and 9,506 square feet, 185 Patchen Road. On the 12th day of September, 1995, the South Burlington Planning Commission approved the request of Germaine LeClair 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 43,579 square foot lot with a single family dwelling into three (3) lots of 9506 square feet (lot #1), 9504 square feet (lot #2) and 24,569 square feet (lot #3). Lot #3 is developed with a single family dwelling and a large accessory structure. The preliminary plat was approved on June 13, 1995. 2. This property located at 185 Patchen Road lies within the R4 District. It is bounded on the south by a day care center with an apartment and the Summer Woods residential development, on the west by Summer Woods, on the north by undeveloped property and on the east by Patchen Road. 3. Access: Access to the single family dwelling on lot #3 is provided by a 20 foot curb cut on Patchen Road. Access to lot #1 is provided by a 12 foot curb cut on Arbor Road. Access to lot #2 is provided by a 20 foot right-of-way across lot #1 to Arbor Road. The cul-de-sac streets serving Summer Woods currently provide access to 43 dwelling units and a day care facility. Allowing access from this development to these streets will not exceed the 50 unit limit required under Section 401.1(7) of the subdivision regulations. 4. Lot size/frontage: All three (3) lots meet the minimum lot size requirement of 9500 square feet. 5. Lot #1 will meet the 80 foot frontage requirement on Arbor Road. Lot #3 meets the 100 foot frontage requirement along Patchen Road. Lot #2 will not have frontage on a public street and will be served by a 20 foot r.o.w. 6. Setbacks/coverage: The existing dwelling on lot #3 does not meet the 50 foot front setback requirement. This is an existing situation which is not being made worse by this application. 1 7. The existing accessory structure on lot #3 will eventually meet the 30 foot rear setback requirement from the new property line between lots #2 and 3. For a short period of time it will not meet the requirement. The applicant proposes to remove a portion of the structure but not until the house on lot #2 is under construction. He wishes to use the roof trusses from the portion of the accessory structure being removed to use on the house on lot #2. This would save the expense of having a crane on the property more than once. 8. Staff reviewed this issue with the City Attorney. His recommendation was that a condition be placed on the approval requiring the removal of the westerly portion of the accessory structure on lot #3 within one (1) year from date of approval or prior to occupancy of a dwelling constructed on lot #2, which ever comes first. 9. Building coverage proposed for lot #3 is 20% (maximum allowed is 20%). Overall coverage proposed is 38% (maximum allowed is 40%). 10. The portion of the accessory structure and driveway shown on the plat to be eliminated shall be so eliminated and seeded prior to recording the final plat plan (preliminary condition #6). 11. Sidewalk: The plan shows a sidewalk along the property's frontage extending part way across the property's frontage. The fire hydrant must be relocated before the sidewalk can continue the rest of the way. The remainder of the sidewalk should be constructed prior to issuance of a zoning permit for lots #1 and 2. Prior to construction of the sidewalk, the applicant shall post a bond in an amount approved by the City Planner (preliminary condition #4). 12. Sewer: The sewer allocation requested is 900 gpd. The applicant will be required to pay the per gallon fee prior to permit issuance (preliminary condition #2). 13. Legal documents: A condition of preliminary plat approval required that the legal documents for the easements be approved by the City Attorney. Staff recommended that since these are all private easements the City should leave it up to the applicant to make sure that the legal documents are in order and not require a review by the City Attorney. 14. Impact fees: The applicant was made aware that development of lots #1 and #2 will be subject to school, road and recreation impact fees. 2 DECISION & CONDITIONS Based on the above Findings of Fact, the South Burlington Planning Commission approves the final plat application of Germaine LeClair for subdivision of 43,579 square feet of land with a single-family home into three (3) lots of 24,569 square feet, 9,504 square feet and 9,056 square feet, 185 Patchen Road, as depicted on the plat entitled "Final Plat Three Lot Subdivision for Germaine LeClair #185 Patchen Road So. Burlington, Vermont", prepared by Vermont Land Surveyors, dated May 8, 1995, last revised September 1, 1995, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. The Planning Commission approves a total sewer allocation of 900 gpd. The per gallon fee shall be paid prior to issuance of a zoning permit on a per bedroom basis. 3. The applicant shall construct a sidewalk along the property's frontage in a location approved by the City Engineer prior to occupancy of a unit on either lot #1 or 2. Prior to issuance of a zoning permit for either lot #1 or 2, the applicant shall post a bond in an amount approved by the City Engineer. 4. The existing accessory structure on lot #3 shall be reduced in size, as shown on the approved plat, in order to comply with setback requirements. In addition, a portion of the driveway shall be removed and replaced with lawn, as shown on the approved plat, in order to comply with coverage requirements. The portions of the structure and driveway which are to be removed shall be so removed and the affected areas replaced with lawn within one (1) year from the date of final plat approval or prior to occupancy of a dwelling constructed on lot #2, whichever comes first. 5. The depressed curb on Arbor Road serving as an entrance to lots #1 and 2 shall be extended across the entire frontage of lot #1 prior to occupancy of a dwelling on lot #1 or 2. 6. The final plat plan shall be recorded in the land records within 90 days or this approval is null and void. The plan shall be signed by the Planning Commission Chairman or Clerk prior to recording. Chairman South Burlington Planning Commission 1OY3fs s/ Date 3