HomeMy WebLinkAboutAO-00-03 - Decision - 0314 Patchen Road#AO-00-03
DEVELOPMENT REVIEW BOARD
CITY OF SOUTH BURLINGTON
Re: APPEAL OF RALPH & CHERYL GUILLETTE - DECISION OF ADMINISTRATIVE
OFFICER
This matter came before the South Burlington Development Review Board pursuant to the provisions
of 24 VSA §4464(a) on appeal of Ralph & Cheryl Guillette, hereinafter "Appellants", from the
decision of the Administrative Officer that the Appellants single family dwelling at 314 Patchen
Road is in violation of the zoning regulations due to it projecting 15' 4" into the 50 foot front yard
setback requirement. The Appellants were present at the public hearings held on 6/6/00 and 7/11/00
relative to this appeal. Based on tue evidence submitted at the hearings and as part of this appeal,
the South Burlington Development Review Board hereby renders the following decision on this
appeal:
FINDINGS OF FACT
1. The owners of record of this property located at 314 Patchen Road are Ralph & Cheryl Guillette.
2. This property is located within the Residential 4 Zoning District.
3. The width of the Patchen Road right-of-way (r.o.w.) is 66 feet.
4. Section 25.101 of the zoning regulations requires a 50 foot setback from the Patchen Road r.o.w.
5. On 4/ 14/00 Planning & Zoning Assistant Sarah MacCallum and Administrative Officer Ray Belair
measured the distance from the house in question to the center line of Patchen Road as being 67' 8".
The requirement is 83 feet from the centerline of the road (33 feet to edge of r.o.w. plus the 50 foot
setback requirement). The house is therefore on 34' 8" from the r.o.w.
7. On April 27, 2000, the Administrative Officer notified the Appellant's by certified mail, that they
were in violation of the South Burlington Zoning Regulations for having constructed their single
family dwelling at 314 Patchen Road 15' 4" too close to the front property line.
8. Zoning permit #98-274 issued on 9/4/98 by then Administrative Officer Richard Ward indicated
that this house would be constructed 65 feet from the edge of the r.o.w. which is 15 feet further from
the r.o.w. than required.
9. The lot on which the house in question was constructed is lot #2 of a subdivision approved by the
South Burlington Planning Commission on 3/24/98 (effective 4/14/98). `Eae lot has 100 feet of
4
frontage on Patchen Road and is 180 feet deep. It is of a regular shape with no exceptional
topographical features.
CONCLUSIONS OF LAW
The Development Review Board, based on the facts of the matter, concludes that the Administrative
Officer acted properly in determining that the Appellant's single family dwelling at 314 Patchen Road
is in violation of the zoning regulations for projecting 15' 4" into the 50 foot front yard setback
requirement.
DECISION
Based on the above Findings of Fact and Conclusions of Law, the South Burlington Development
Review Board hereby denies the Appellants' request to overturn the Administrative Officer's decision
of 4/27/00 and affirms said decision.
Dated this — / / day of July, 2000 at South Burlirgton, VT
/ Chairman or Clerk
South Burlington Development Review Board