HomeMy WebLinkAboutSD-90-0000 - Decision - 0072 Central AvenueFINDINGS OF FACT & DECISION
STATE OF VEFMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BUR.LINGTON
Re: Findings r_,f 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-f.amil.y .building) and 21,651 square fret
(four —unit bui_{ dirig) , Birch Larie .
On -the 13th of November 1990, 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 !.and containing a single-family home and 4 uni.t residential
structure into 2 lots of 2,084 square feet (single-family home)
and 2.1,651. square feet (4 unit structure). The application in-
volves a _land swap between the applicant and the Oueen City Park
Fire District..
2. The properl-y is zoned G>tieen City Park District and Conserva-
tion and Open Space District,. It is bounded on the south and
west by residences, on the east 11by Potash Brook, and can the north
by vacant land owned by Fire District One.
:3. The Sketch Plan was .reviewed on 4 /'10/90.
4. Lot_ Size/ frontagee: Neither lot meets minimum lot size or
frontage requirements. These requirements were granted variances
by the Zoning Board on 3/26/90
5. C��vf_�rage_W_ The-, 21,651 square foot lot meets coverage require-
-,
�n+ , ; t-
men + ,.Sm. _she 2,t,��a 4 square tfoo�+ i �(,�.+ mee s G.o�_nIL i last coverage, a_ut
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 setba-_- <,s 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
l'.y 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. Legals documents have been drawn up to correct this situa-
tion. The FirF, 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 :tot which has approximate dimen-
sions of 25' x 35'. The land swap between the applicant and Fire
District #1 will result in this of becoming; even smalier. Under
Section 18.110 of the Zoning Regulations this lot can not be
develope-d.
PECISIoN & 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 sgtiare feet of 7 axid con--
taining a single-family structure and four (4) unit structure
into two parcels of 2,084 square. feet (single-family builldinr; )
and 21,651 square feet (four -unit building) as depicted on a plan
entitled, "Suhdivision of Cottage Parcel, lands of Lindwood
Abbott., No. 4 Birch Lane, South Burlington, Vermont," prepared by
A.W. Harris & A:ysociates and dated 7/5/90, last revised 10/26/90,
with the following stipulations:
1. Prior to recording, the apprr,priate legal documents reserving
access via the existing Birch Lane shall be submitted to and
approved by the City Attorney and City Planner. Copies of the
sig,xed d.�cuments shall be submitted to the City Planner prior to
-recording.
2. The deed(s) for lot 2 shall include wording which prohibits
developmE_nt 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 mall and void.
Chairman o , C erk
'mouth Burlington Planning Commission