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HomeMy WebLinkAboutSP-01-18 - Decision - 0300 Swift Street#SP-01-18 FINDINGS OF FACT AND DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, site plan application #SP-01-18 of Francis Von Turkovich to construct two landscaping berms to the front yard of a single family residence, 300 Swift Street. On the 1 st of May, 2001, the South Burlington Development Review Board approved the site plan of Franics Von Turkovich under Section 26.10 and Section 25.117 of the South Burlington Zoning Regulations based on the following findings: 1. This project consists of constructing two landscaping berms to the front yard of a single family residence, 300 Swift Street. Staff discovered that these berms were constructed without approval and requested that approval be obtained. 2. The owners of record are Francis Von Turkovich and Patrice Stratmann. 3. This property is located within The Residential Two District. It is bounded on the south by Swift Street, on the west by a house of worship, and on the north and east by a vacant lot. 4. Section 25.117 Requirements: The proposed filling will exceed twenty (20) cubic yards and therefore must comply with the standards of Section 25.113(b) referenced in Section 25.117(a) of the Zoning Ordinance: a) The project must utilize topography and must relate to other existing and proposed structures so as to be aesthetically compatible with the neighborhood. The filling must not extend to the property lines and must blend with the existing contours. The applicant should not make existing stormwater runoff conditions worse. The City Engineer has reviewed the proposed plans and finds them acceptable. b) The project must not detract from scenic views of adjacent properties or public walkways. The proposed grading must not exceed the elevations presently found on the site. c) The project should allow for retention of additional green space that will enhance the appearance of the developed property. DECISION AND CONDITIONS Based on the above Findings of Fact, the South Burlington Development Review Board approves site plan application #SP-01-18 of Francis Von Turkovich to construct two landscaping berms to the front yard of a single family residence, 300 Swift Street, as depicted on a three (3) page set of plans, page one entitled, "Properly Plan F. Von Turkovich & P. Stratmann 300 Swift Street South Burlington Vermont", with a stamped received date of 4/9/01 with the following stipulations: 1) All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2) The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer. 3) The applicant shall obtain a zoning permit within six (6) months pursuant to Section 27.302 of the Zoning Regulations or this approval is null and void. 4) Any change to the site plan shall require approval by the South Burlington Development Review Board. Chair or Clerk South Burlington Development Review Board Date Please Note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 V.S.A. § 4471 and V.R.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). 2