HomeMy WebLinkAboutCU-02-05 - Decision - 0099 0133 Westview Drive#CU-02-05
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Conditional use application #CU-02-05 of Fletcher A. Downing. to: 1) apply the R2
zoning criteria to a portion of lot #3B, and 2) to apply the R1 zoning criteria to a portion of
#3A, 99 & 133 Westview Drive.
On the 2nd of April 2002, the South Burlington Development Review Board approved
the request of Fletcher A. Downing. seeking conditional use approval under Section
26.05 of the South Burlington Zoning Regulations based on the following findings:
1) This project consists of: 1) a request for conditional use approval to apply the R2
zoning criteria to a portion of lot #313, and 2) to apply the R1 zoning criteria to a
portion of lot #3A.
2) The owner of record is Barone Construction, Inc.
3) This project at 133 Westview Drive lies within the R1 and R2 Districts. It is bounded on
the north, south, and west by single family dwellings and on the east by Spear Street.
4) The proposed project complies with the stated purpose of the Residential 2 District
"To encourage lower moderate -density residential use" and Residential 1 "To
encourage low -density single-family residential use... in order to protect scenic views
and cultural resources" and does not adversely affect:
a) the capacity of existing or planned community facilities - no effect expected
b) the character of the area affected - no adverse effect is expected
c) traffic on roads or highways in the vicinity —the proposed use is not expected to
affect traffic.
d) bylaws in effect- the proposal is in conformance with the zoning regulations
e) utilization of renewable energy resources- there is no utilization of renewable energy
resources to be affected.
f) general public health and welfare - no adverse effect expected
DECISION AND CONDITIONS
Based on the above Findings of Fact, the South Burlington Development Review Board
approves conditional use application #CU-02-05 of Fletcher A. Downing to: 1) apply the
R2 zoning criteria to a portion of lot #313, and 2) to apply the R 1 zoning criteria to a portion
of #3A, as depicted on a five (5) page set of plans the first page entitled "Barone
Construction, Inc. 1759 Spear Street So. Burlington, Vt. Lot 3 Subdivision Plat "
prepared by Trudell Consulting Engineers, Inc., dated 11/2/94, with a revised date of
3/7/02, with the following stipulations:
1) All previous approvals and stipulations which are not superseded by this approval
shall remain in effect.
2) Any change to the approved boundary line criteria adjustment shall require approval
by the South Burlington Development Review Board.
Chair o ' c Date
South Burlington Development Review Board
Please Note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to
24 V.S.A. § 4471 and VR C.P. 76, in writing, within 30 days of the date this decision is issued. The fee is
$150.00. 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 V.S.A. § 4472(d)
(exclusivity of remedy; finality).
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