HomeMy WebLinkAboutMS-02-07 - Decision - 0008 Jonathan Avenue#MS-02-07
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Application #MS-02-07 of Kenneth Horseman requesting permission to allow a roof
over existing steps and entry to encroach into the required front yard setback by four (4)
feet, 8 Jonathan Avenue.
On the 18'�' of June, 2002, the South Burlington Development Review Board approved
the request of Kenneth Horseman seeking approval under Section 26.05, Conditional
Uses, and Section 25.118, Exceptions to Yard Setback and Lot Coverage Requirements
of the South Burlington Zoning Regulations based on the following findings:
1) This project consists of allowing a roof over existing steps and entry to encroach
into the required front yard setback by four (4) feet, 8 Jonathan Avenue. This
project was last reviewed on August 7, 2001. The approval lapsed.
2) The owner of record is Kenneth Horseman.
3) This property is located in the Residential Four District. The property is bounded on
the west by Jonathan Avenue, on the south by a residence, on the east by a
residence, and on the north by a residence.
4) Criteria of Section 25.118 (c): This section provides for encroachment of a structure
to within five feet from the front property line provided the encroachment will not
have an undue adverse effect on:
(i) views of adjoining and/or nearby properties
(ii) access to sunlight of adjoining and/or nearby properties
(iii) adequate on -site parking; and
(iv) safety of adjoining and/or nearby properties
5) There are currently front steps protruding from the front fagade of the property four
(4) feet into the front yard setback. The applicant has proposed erecting a gabled
roof over these stairs that will not increase the overall degree of encroachment. The
majority of the structures along Jonathan Avenue have the same front yard setback
as the Horseman house or less. It was stars opinion that no adverse effect will
result from the proposed roof.
DECISION AND CONDITIONS
Based on the above Findings of Fact, the South Burlington Development Review Board
approves application #MS-02-04 of Kenneth Horseman seeking approval from Section
26.05, Conditional Uses, and Section 25.118, Exceptions to Yard Setback and Lot
26.05, Conditional Uses, and Section 25.118, Exceptions to Yard Setback and Lot
Coverage Requirements of the South Burlington Zoning Regulations. Request is for
permission to allow a roof over existing steps and entry to encroach into the required front
yard setback by four (4) feet, 8 Jonathan Avenue, as depicted on a plan entitled " Kenneth
Horseman", with a stamped received date of June 21, 2001, 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 zoning permit within six (6) months pursuant to Section
27.302 of the Zoning Regulations or this approval is null and void.
3) Any change to the site plan shall require approval by the South Burlington
Development Review Board.
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Chair orb Date
South Burlington Development Review Board
Please Note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to
24 V.S.A. § 4471 and V.RC.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).
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