HomeMy WebLinkAboutVR-98-0000 - Decision - 0316 Patchen RoadSOUTH BURLINGTON ZONING BOARD OF ADJUSTMENT
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Vincent Morin and Request for variance,
Gerald Kaigle 316 Patchen Road
Findings of Fact, Conclusion of Law & Order
This matter came before the South Burlington Zoning Board of Adjustment on January 12, 1998
by application of Gerald Kaigle P.O.A. for Vincent Morin, the applicant for a variance to
reconstruct an existing porch (front section) and reduce size to 5'x 27' which results in removal of
an encroachment from the street right-of-way and creates a zero setback at 316 Patchen Road
according to plans submitted. The Board of Adjustment finds as follows:
1) 316 Patchen Road is a duplex unit and is located within a Residential 4 District.
2) Section 25.00 dimensional requirements requires a minimum setback of fifty (50) feet.
3) The porch in question was constructed 80 or so years ago and appears to be located
within the City right-of-way. Evidence submitted is a survey prepared by FitzPatrick-
Llewellyn, Inc., dated November, 1989.
4) The lot in question contains 1.15 acres and is developed with a duplex unit and detached
garage.
5) The existing porch 7.5' x 27' will be reconstructed at which time 2.5 feet will be removed.
6) With the encroachment the property is in violation and therefore does not have a
marketable title (reference a recent ruling by the Vermont Supreme Court -
Bianchi/Lorenz).
7) A zero setback is requested thereby creating a green belt of approximately five (5) feet
from the sidewalk.
8) Removal of the entire porch would still create a non -complying structure.
9) No record on file of a land conveyance, therefore, structure has built within right-of-way
80 plus years ago. Pre-existing any zoning by-laws.
ORDER
The variance to reconstruct a porch at a zero setback at 316 Patchen Road is GRANTED
Dated at City Hall, South Burlington, Vermont this day of , 1998.
JAN 2 6 1998
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