HomeMy WebLinkAboutSD-95-0000 - Decision - 0260 Spear StreetFINDINGS OF FACT & DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application of Edward and Michele Von Turkovich for
subdivision of a 30,107 square foot lot with a single family home into two (2) lots of
16,969 square feet and 13,138 square feet, 260 Spear Street.
On the 14th of February, 1995, the South Burlington Planning Commission approved
the request of Edward Von Turkovich for final plat approval under Section 202 of the
South Burlington Subdivision Regulations based on the following findings:
1. This project consists of subdividing a 30,107 square foot parcel into two (2) lots
of 16,969 square feet (lot #2) and 13,138 square feet (lot #1). Lot #2 is developed
with a single family dwelling. The sketch plan was reviewed on 8 / 9 / 94 .
2. This property located at 260 Spear Street lies within the R4 District. It is
bounded on the north, south and east by single family residences and on the west
by Spear Street.
3. Access: Access to lot #2 is via an existing 14 foot wide curb cut on Spear Street.
Access to lot #1 is proposed to be via a 10 foot wide curb cut on Spear Street.
4. A portion of the existing driveway for lot #2 will cross a portion of lot #1 thereby
requiring an easement. A "Notice of Conditions" should be recorded prior to
recording the final plat which notes that the conveyance of lot #1 requires the
reservation of an easement as shown on the plat and that the conveyance of lot #2
requires the grant of the easement. This legal document should be reviewed and
approved by the City Attorney prior to recording.
5. Lot size/frontage: The minimum lot size requirement is 9,500 square feet. Both
lots meet this requirement. The minimum frontage requirement of 100 feet is being
met.
6. Setbacks: The existing building will meet the side yard setback requirement
from the new property line. This building does not meet the front setback
requirement and is a noncomplying structure.
7. Sewer: The sewer allocation requested is 450 gpd. The applicant will be
required to pay the per gallon fee prior to permit.
8. Impact Fees: The applicant was made aware that a new house on lot #1 will have
to pay school, recreation and road impact fees. The current fees would be
approximately $3300.
9. Other:
--- the final plat should be signed and stamped by the land surveyor.
--- the water service should be shown on the plat. If the service line crosses lot
#1, the plat should show the easement and the easement noted in the "Notice
of Conditions".
DECISION & CONDITIONS
Based on the above Findings of Fact, the South Burlington Planning Commission
approves the final plat application of Edward and Michele Von Turkovich for
subdivision of a 30,107 square foot lot with a single family home into two (2) lots of
16,969 square feet and 13,138 square feet, 260 Spear Street, as depicted on a plan
entitled "Property Map, Edward & Michele Von Turkovich, #260 Spear Street, South
Burlington, Vermont" prepared by William A. Robenstein, dated 12/29/94, subject
to the following stipulations:
1. All previous approvals and stipulations which are not superseded by this
approval shall remain in effect.
2. The applicant shall record a "Notice of Conditions" which indicates that the
conveyance of lot #1 requires the reservation of an access easement as shown on the
plat and that the conveyance of lot #2 requires the grant of the easement. This legal
document shall be reviewed and approved by the City Attorney and shall be recorded
prior to recording the final plat. If the water service for lot #2 crosses lot #1, an
easement for this water service shall be noted in this "Notice of Conditions".
3. The final plat plan shall be revised prior to recording as follows:
a) The plat shall show the water service for lot #2. If any portion of this
service crosses lot #1, the plat shall show an easement.
b) The final plat shall be signed and stamped by the land surveyor.
4. A sewer allocation of 450 gpd is granted. The applicant shall pay the per gallon
fee prior to permit issuance for development of lot #1.
5. Lot #1 can only be developed for a single family dwelling due to maximum density
limitations.
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
Chair or Clerk prior to recording.
Chairman or Clerk `
South Burlington Planning Commission
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