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HomeMy WebLinkAboutSD-08-10 - Decision - 0054 Westview Drive#SD-08-10 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING JOSEPH & SUSAN MACK - 54 WESTVIEW DRIVE FINAL PLAT APPLICATION #SD-08-10 FINDINGS OF FACT AND DECISION Joseph & Susan Mack, hereinafter referred to as the applicants, are seeking to amend a previously approved four (4) lot subdivision. The amendment consists of amending condition #6 of the Sept. 6, 2005 final plat approval #SD-05-68 to eliminate the requirement that the house on lot #4 have a residential sprinkler system, 54 Westview Drive. The Development Review Board held a public hearing on Tuesday, March 4, 2008. Joseph Mack was present at the meeting. Based on testimony provided at the above mentioned public hearing and the plans and supporting materials contained in the document file for this application, the Development Review Board finds, concludes and decides the following: FINDINGS OF FACT 1. The applicants are seeking to amend a previously approved four (4) lot subdivision. The amendment consists of amending condition #6 of the Sept. 6, 2005 final plat approval #SD-05-68 to eliminate the requirement that the house on lot #4 have a residential sprinkler system, 54 Westview Drive. 2. The owners of record of the subject property are Joseph & Susan Mack. 3. The subject property is located in the Residential 1 (R1) Zoning District. 4. Previous subdivision of this property required residential sprinkler systems in units because the private road was below city public road standards. The Fire Chief specified this as a requirement for those units and for all units accessed by this private drive. In a memo dated July 1, 2005, the fire chief has stated that this requirement will be continued as a stipulation to homes built on lot 4. 5. The language in the decision issued by the Board is as follows 6. Any homes built on Lot 4 shall be sprinklered to the satisfaction of the South Burlington Fire Chief. Home inspection may be required. 6. The Fire Chief has reviewed the applicant's request to amend this condition. He does not support an amendment and has provided comments in a letter dated February 26, 2008. - 1 - #SD-08-10 7. The Board does not support the request of the applicant and recommends no changes to the original decision. Sprinklering shall be completed to the satisfaction of the South Burlington Fire Chief. / DECISION 17 Motion by V A L� 6fIIk � seconded by OG,- to approve Fin I Plat Application SD-08-10 of Joseph & Susan Mack. Mark Behr — yea na abstain/nqt present Matthew Birmingham - ea/ a abstain/not present John Dinklage — yea abstain/not present Roger Farley — yea/ abstain/not present Eric Knudsen — yea n /abstain/not present Peter Plumeau — yea /abstain/not present Gayle Quimby —yea/ a /abstain/not present Motion FAILED by a vote of 0 -1- 0 Signed this day of ��e� 2008, by John Dinklage, Chair Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to challenge this decision at some future time may be lost because you waited too long. You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy; finality). -2-