HomeMy WebLinkAboutVR-96-0000 - Decision - 0125 Holmes RoadSTATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
DECISION AND FINDING OF FACT
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On the 28th day of October, 1996 the South Burlington Zoning
Board of Adjustment heard testimony regarding a variance
application of Michael Lipson agent of Julian Waller, 125 Holmes
Road.
Based upon the testimony provided at the above mentioned public
hearing and the documents submitted to the Zoning Board of
Adjustment which are contained within the "document file" for
this application, the Zoning Board finds, concludes, and decides
as follows:
1) The area in question is zoned Residential I and
Conservation/Open Space District.
2) Conservation/Open Space District is defined as a setback of
150 feet horizonal distance from elevation 102.5 feet.
3) The existing structure as well as adjoining structures are
non -complying, these structures pre -date zoning by-laws.
4) The existing structure has a setback of approximately
seventy three (73) feet from Lake Champlain.
5) The proposed addition and deck would encroach approximately
twenty (20) feet nearer to the lake.
Conclusion
1) The Board finds that the appellant request to construct a
10'x 25'deck does not represent a minimum variance.
2) The appellant agrees to redesign the deck and withdrew the
variance request for the deck.
3) The Board finds that the proposed 51x 17' addition to the
sunroom would not encroach any farther towards the lake then
the existing concrete steps.
4) The existing steps will be removed and replaced by the
addition to the sunroom.
5) The property pre -dates existing zoning bylaws and can not be
altered without a variance.
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6) The character of the area is developed with similar
encroachments toward the lake.
7) The embankment protects this property and does not interfere
with the use of the lake by others.
Based upon the findings and conclusion set -forth above, the
Zoning Board of Adjustment hereby grants the applicants request
to construct a 5'x 17' addition to an existing sunroom, located
at 125 Holmes Road. /1 iI
South Burlington Zoning Board of Adjustment
N 0 V 2 5 1996
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