HomeMy WebLinkAboutMS-01-04 - Decision - 0008 Jonathan Avenue#MS-01-04
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application #MS-01-04 of Kenneth Horseman seeking approval from Section
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
On the 7th of August, 2001, the South Burlington Development Review Board approved the
application of Kenneth Horseman for approval under Section 25.118, exceptions to yard and coverage
setbacks, of the South Burlington Zoning Regulations based on the following findings:
1. This project consists of a request under Section 26.05, Conditional Uses, and Section 25.118,
Exceptions to Yard Setback and Lot Coverage Requirements, of the South Burlington Zoning
Regulations. The 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.
2. The owners of record of this particular property are Kenneth and Elaine 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 that 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
(Ili) adequate on -site parking; and
(iv) safety of adjoining and/or nearby properties
There are currently front steps protruding from the front fagade of the property four (4) feet into the
front yard setback. The applicant 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 staff finding 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-01-04 of Kenneth Horseman seeking approval from Section 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 or Clerk Oate
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.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).