HomeMy WebLinkAboutSP-95-0001 - Decision - 0185 Patchen RoadFINDINGS OF FACT & DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application of Germaine M. LeClair for
subdivision of 43,579 square feet of land with an existing single
family home into three ( 3 ) lots of 24,569 square feet, 9,506 square
feet and 9,504 square feet, 185 Patchen Road.
On the 13th day of June, 1995, the South Burlington Planning
Commission approved the request of Germaine LeClair 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 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 sketch plan was reviewed on
1/10/95.
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. The
existing accessory structure on lot #3 will not meet the 30 foot
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rear setback requirement from the new property line between lots #2
and 3. Applicant must either: 1) reduce size of structure, or 2)
move the property boundary to the west two (2) feet, but still meet
minimum lot size requirements, or 3) obtain a variance from the
ZBA.
Building coverage proposed for lot #3 is 20% (maximum allowed is
20%). Overall coverage proposed is 38% (maximum allowed is 40%).
7. Sidewalk: The plan shows a sidewalk along the property's
frontage. The applicant would like to construct this sidewalk this
summer before final approval is obtained.
8. Sewer: The sewer allocation requested is 900 gpd. The
applicant will be required to pay the per gallon fee prior to
permit issuance.
9. Legal documents: The legal documents for the r.o.w. and
utility easement should be reviewed by the City Attorney and
recorded prior to permit issuance for lots #1 and #2.
10. Impact fees: The applicant should be aware that development
of lots #1 and #2 will be subject to school, road and recreation
impact fees.
DECISION & CONDITIONS
Based on the above Findings of Fact, the South Burlington Planning
Commission approves the preliminary plat application of Germaine
M.LeClair for subdivision of 43,579 square feet of land with an
existing single-family home into three (3) lots of 24,569 square
feet, 9,506 square feet and 9,504 square feet, 185 Patchen Road, as
depicted on a plan entitled "Preliminary Plat Three Lot Subdivision
for Germaine LeClair #185 Patchen Road, So. Burlington, Vermont",
prepared by Vermont Land Surveyors, dated May 8, 1995, last revised
6/6/95, 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. Legal documents for the easements (e.g., utility and access)
shall be submitted to the City Attorney for approval and shall be
recorded in the South Burlington land records prior to the issuance
of a zoning permit for lots #1 and 2.
4. The applicant shall construct a sidewalk along the property's
frontage in a location approved by the City Engineer prior to the
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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 Engineer.
5. Prior to final plat submittal, the applicant shall either: 1)
reduce the size of the accessory structure on lot #3 to meet the
rear setback requirement, 2) relocate the property line between
lots #2 and 3 in order to meet setback requirements and still meet
the minimum lot size requirement, or 3) obtain a variance from the
ZBA to allow the accessory structure on lot #3 to project two (2)
feet into the rear yard setback.
6. The portion of the accessory structure and driveway shown on
plat to be eliminated shall be so eliminated and seeded prior to
recording the final plat plan.
7. The final plat shall be submitted within six (6) months or this
approval is null and void.
///J/ if,
hafrma or Clerk
South Burlington Planning Commission
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