HomeMy WebLinkAboutCU-02-02 - Decision - 1759 Spear Street#CU-02-02
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Conditional use application #CU-02-02 of Barone Construction, Inc. to: 1) apply the
R2 zoning criteria to a portion of lot #313, and 2) to apply the RI zoning criteria to a portion
of #3A, 1759 Spear Street.
On the 19t' of February 2002, the South Burlington Development Review Board
approved the request of Barone Construction, Inc. 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 43B, and 2) to apply the R1 zoning criteria to a
portion of lot 0A.
2) The owner of record is Barone Construction, Inc.
3) This project at 1759 Spear Street lies within the RI 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
approvs conditional use application #CU-02-02 of Barone Construction, Inc. to: 1) apply
the R2 zoning criteria to a portion of lot #3B, and 2) to apply the RI zoning criteria to a
portion of #3A, as depicted on a rive (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 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1) All previous approvals and stipulations which are not superseded by this approval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 or Cimk 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 V.RC.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).
K