HomeMy WebLinkAboutSD-91-0000 - Decision - 0072 Central AvenueFINDINGS OF FACT & DECISION
STATE OF VERMONT y
COUNTY OF CHITTENDEN u / v v�J
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application of Lindwood Abbott for subdi-
vision of 23,735 square feet of land containing a single-family
structure and four (4) unit structure into two parcels of 2,084
square feet (single-family building) and 21,651 square feet
(four -unit building), Birch Lane.
On the 7th of May 1991, the South Burlington Planning Commission
approved the request of Lindwood Abbott for Final Plat approval
under Section 202 of the South Burlington Subdivision Regulations
based upon the following findings:
1. Mr. Lindwood Abbott proposes to subdivide 23,735 square feet
of land containing a single-family home and 4 unit residential
structure into 2 lots of 2,084 square feet (single-family home)
and 21,651 square feet (4 unit structure). The application
involves a land swap between the applicant and the Queen City
Park Fire District.
2. The property is zoned Queen City Park District and Conserva-
tion and Open Space District. It is bounded on the south and
west by residences, on the east by Potash Brook, and on the north
by vacant land owned by Fire District One.
3. The Sketch plan was reviewed on 4/10/90 and Final Plat was
approved on 11/13/90. The Final Plat was not recorded within 90
days of approval so the approval became null and void. This ap-
plication is to reapprove the same plat.
4. Lot size/frontage: Neither lot meets minimum lot size or
frontage requirements. These requirements were granted variances
by the Zoning Board on 3/26/90.
5. Coverage: The 21,651 square foot lot meets coverage requi-
ments. The 2,084 square foot lot meets total lot coverage, but
not building coverage. The 31% building coverage exceeds the 20%
maximum allowed. A variance was granted on 3/26/90 by the Zoning
Board.
6. Setback: Front yard setbacks are not currently met. The new
property line between the two buildings would create non-
conforming side yard setbacks. A variance was granted on
3/26/90 by the Zoning Board.
7. Land Swap: A detailed survey of the property revealed that
the single-family home and the 4 unit residential building were
constructed over the front boundary and into the deeded
right-of-way for Birch Lane. Also, that portion of Birch Lane
which is presently being used is not within the deeded right-of-
way. Legal documents have been drawn up to correct this situa-
tion. The Fire District will convey to the applicant a portion
of Eastern Boulevard and a portion of Ninth Street in exchange
for a right-of-way over that portion of Birch Lane which present-
ly runs across his land. The McDonalds, which live on the west-
erly side of Birch Lane, will convey to the Fire District a
right-of-way over that triangle portion of their land on which
Birch Lane presently runs.
8. Lot 2 is an existing small lot which has approximate dimen-
sions of 251x35'. The land swap between the applicant and Fire
District #1 will result in this lot becoming even smaller. Under
Section 18.110 of the Zoning Regulations this lot can not be
developed.
DECISION & CONDITIONS
Based on the following findings of fact, the South Burlington
Planning Commission approves the Final Plat application of Lind -
wood Abbott for subdivision of 23,735 square feet of land con-
taining a single-family structure and four (4) unit structure
into two parcels of 2,084 square feet (single-family building)
and 21,651 square feet (four -unit building) as depicted on a plan
entitled, "Subdivision of Cottage Parcel, lands of Lindwood
Abbott, No. 4 Birch Lane, South Burlington, Vermont," prepared by
A.W. Harris & Associates and dated 7/5/90, last revised 10/26/90,
with the following stipulations:
1. Prior to recording, the appropriate legal documents reserving
access via the existing Birch Lane shall be approved by the City
Attorney and City Planner. Copies of the signed documents shall
be submitted to the City Planner prior to recording.
2. The deed(s) for lot 2 shall include wording which prohibits
development on this lot. The deed(s) shall be approved by the
City Attorney prior to recording.
3. The final plat shall be recorded within 90 days or this
approval is null and void.
Chairman/or Clerk o
South Burlington Planning Commission