HomeMy WebLinkAboutMS-00-04 - Decision - 0002 Sherry Road#MS-00-04
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, miscellaneous application of Henry & Sherry Barton seeking approval from
Section 25.118(c), Exceptions to Yard Setback and Lot Coverage, of the South Burlington
Zoning Regulations. The request was for permission to allow a 10' x 12' deck to project 10 feet
into the required 30 foot front yard setback requirement, 2 Sherry Road.
On the 19th of September, 2000, the South Burlington Development Review Board approved the
application of Henry and Sherry Barton for approval under Section 25.118, exceptions to yard and
coverage setbacks, of the South Burlington Zoning Regulations based on the following findings:
1. This project consists of a miscellaneous application of Henry & Sherry Barton seeking
approval from Section 25.118(c), Exceptions to Yard Setback and Lot Coverage, of the South
Burlington Zoning Regulations. The request was for permission to allow a 10' x 12' deck to
project 10 feet into the required 30 foot front yard setback requirement, 2 Sherry Road.
2. The owners of record of this particular property are Henry & Sherry Barton.
3. This property at 2 Sherry Road is a corner lot located in the Residential Four District. It is bounded
on the north by Brookwood Drive, on the west by Sherry Road, on the south by a single family residence,
and on the east by a doctor's office.
4. Criteria of Section 25.118 (c): This section provides for encroachment of a structure to within three
feet of the side yard property line provided that the encroachment will not have an undue adverse affect
on:
(i) views of adjoining and/or nearby properties
(ii) access to sunlight of adjoining and/or nearby properties
(iii) adequate on -site parking; and
(iv) safety of adjoining and/or nearby property
The addition is along the Brookwood Drive frontage, which is considered the second front yard of the
property. One of the requirements of this criteria is that a structure may encroach into a required front
yard setback up to the average front yard setback of principal structures on adjacent lots on the same
street frontage. The deck proposed will encroach more than the immediately adjacent lot. The applicant
must therefore be prepared to address the deck's effect on views of adjoining and/or nearby properties,
access to sunlight of adjoining and/or nearby properties, adequate on -site parking, and safety of adjoining
and/or nearby properties.
The immediate adjacent lots front on other streets and are therefore hard to compare in terms of front
yards. The properties across the street and two down along Brookwood Drive are perhaps better
examples for comparison of front yard setbacks along the street. There are several adjacent structures
that have similar front decks and similar front yard setbacks.
The deck addition appeared to be consistent with the existing average front yard setbacks along the
Brookwood Drive although not consistent with the immediate adjacent property. Staff believed that the
deck will not create an adverse effect because it is the character of the neighborhood to have small front
yard decks. Staff, however, recommended that the Board restrict the proposed encroachment to a deck
without railings or other improvements to ensure that the deck is not changed to an other type of
addition, such as a garage, that may create an adverse effect.
DECISION AND CONDITIONS
Based on the above Findings of Fact, the South Burlington Development Review Board approves
the application #MS-00-04 of Henry & Sherry Barton under Section 25.118(c) of the South Burlington
Zoning Regulations to legitimize a 10 foot by 12 foot deck addition that was constructed last year
without a permit that projects 10 feet into the 30 foot front yard setback requirement in the Residential
Four District, 2 Sherry Road, as depicted on a plan entitled "House", with a stamped received date of
July 27, 2000, with the following stipulations:
1. All previous approvals and stipulations which are not superseded by this approval shall remain in
effect.
2. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 27.302 of the
Zoning Regulations or this approval is null and void.
3. Any material alteration to the deck or change to the site plan shall require approval by the South
Burlington Development Review Board.
1
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/ Chair or Clerk
Sottth-f3urlington Development Review Board
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Date