HomeMy WebLinkAboutSD-95-0002 - Decision - 1751 Spear StreetFINDINGS OF FACT & DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application of Ruth Trevithick for
subdivision of a 5.2 acre lot into three (3) lots of 2.18 acres,
1.49 acres and 1.53 acres, 1751 Spear Street.
On the loth of January, 1995, the South Burlington Planning
Commission approved the request of Ruth Trevithick for final plat
approval under Section 202 of the South Burlington Subdivision
Regulations based on the following findings:
1. This project consists of the subdivision of a 5.24 acre lot
into three (3) lots of 2.18 acres, 1.49 acres and 1.53 acres. Lot
#1 is developed with a single family dwelling. The ZBA on 10/24/94
granted the applicant a variance from the frontage requirement for
lot #2. The sketch plan was reviewed on November 15, 1994.
2. This property located at 1751 Spear Street 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.
3. Access: Access to lot #1 is from an existing 16 foot wide
access drive on Spear Street. Access to lot #2 and 3 will be via
a shared driveway which is also a 20 foot r.o.w. across lot #2 to
access lot #3 which does not have frontage. Lot #3 is proposed to
be merged with an adjoining lot which has frontage on Harbor Ridge
Road.
4. Lot size/frontage: The minimum lot in the R1 District is 1
acre and the two (2) lots in this district will be 1.49 acres and
2.18 acres. The minimum lot size in the R2 District is 19,000
square feet (0.44 acres) and the lot proposed in this district is
1.53 acres.
5. The minimum lot frontage requirement is 170 feet. Lot #1 has
183.7 feet of frontage and meets this requirement. The ZBA on
10/24/94 granted a variance to allow lot #2 to have 150 feet of
frontage instead of the required 170 feet. Lot #3 has no frontage
and will be merged with an adjoining parcel.
6. Sewer: The existing home on lot #1 is proposing to connect to
the municipal sewer system in addition to the home on lot #2. The
total allocation needed is 1200 gpd. The per gallon fee for lot #1
should be paid prior to connection and the fee for lot #2 paid
prior to permit issuance.
7. Recreation fee: Applicant will be required to pay the
recreation fee in effect at the time of issuance of a zoning permit
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for development of lot #2.
8. Other:
--- site plan should be revised to show the same acreages as shown
on the subdivision plat.
--- site plan should be revised to indicate that the boundary line
between the Linton property and lot #3 is to be dissolved.
DECISION & CONDITIONS
Based on the above Findings of Fact, the South Burlington Planning
Commission approves the final plat application of Ruth Trevithick
for subdivision of a 5.2 acre lot into three (3) lots of 2.18
acres, 1.49 acres and 1.53 acres, 1751 Spear Street. The 1.53 acre
lot (lot #3) is proposed to be merged with an adjacent 0.41 acre
lot located to the west thereby creating a 1.94 acre lot. The
subdivision is depicted on a three (3) page set of plans, page one
(1) entitled "Ruth W. Trevithick Trust, 1751 Spear Street South
Burlington, VT" prepared by Trudell Consulting Engineers, Inc.,
dated 11/2/94, subject to the following stipulations:
1. All previous approvals and stipulations which are not
superseded by this approval shall remain in effect.
2. A sewer allocation of 1200 gpd is granted. The per gallon fee
for lot #1 shall be paid prior to issuance of a sewer connection
permit. The per gallon fee for lot #2 shall be paid prior to
issuance of a zoning permit.
3. The final plat plan shall be revised prior to recording as
follows:
a) The site plan ( sheet SP1) shall be revised to show the
same acreages as shown on the subdivision plat.
b) The site plan shall be revised to indicate that the
boundary line between the Linton property and lot #3 is to be
dissolved.
4. The applicant shall be responsible for repairing any settlement
problems caused by the new force main along Spear Street and within
driveway crossings for a period of two (2) years after installation
of the sewer system.
5. The complete sewer system, including the force main, shall be
a private system maintained jointly by the users. When a municipal
collection system is constructed, the private system must be
abandoned and the owners must connect to the municipal system at
their own expense.
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6. The final
within 90 days
be signed by
recording.
plat plans shall be recorded in the land records
or this approval is null and void. The plans shall
the Planning Commission Chair or Clerk prior to
Chairman or Clerk
South Burlington Planning Commission
Date
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