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HomeMy WebLinkAboutSD-91-0000 - Decision - 0095 Kirby RoadFINDINGS OF FACT & DECISION STATE OF VERMONT COUNTY OF CHITTENDEN Dafl� CITY OF SOUTH BURLINGTON Re: Findings of Fact, application of Donald Carney for subdivi- sion of 25,375 square feet of land into two parcels of 10,191 square feet and 15,184 square feet, 95 Kirby Road. On the 2nd of April 1991 the South Burlington Planning Commission approved the request of Donald Carney for Final Plat approval under Section 202 of the South Burlington Subdivision Regulations based on the following findings: 1) This project consists of the subdivision of a 25,375 square foot lot at 95 Kirby Road into two (2) lots. The westerly lot (lot #2) which is presently developed with a single-family dwell- ing is 15,184 square feet in area. The easterly lot (lot #1) is presently undeveloped and is 10,191 square feet in area. Lot #1 has only 70 feet of frontage (80 feet is minimum requirement) and a variance was granted by the Zoning Board of Adjustment on January 14, 1991. 2) This property is within the R4 zone and is located on the south side of Kirby Road and is bounded on the east and west by single-family homes, on the north by Kirby Road and on the south by undeveloped land owned by the City of South Burlington known as the DeGraff property. This property is relatively level and open except for a row of cedar trees along the easterly boundary of lot #1. Lot #2 is proposed to be developed with a single- family dwelling. 3) Setbacks: Lot #2 had an existing garage which did not meet the side yard requirement at the time of sketch plan review. It has since been razed. All setback requirements are being met. Access: The new lot will have direct access onto Kirby Road. Water/Sewer: Water service will connect to water main on north side of Kirby Road. Sewer line will be connected to sewer main located to the west via a 10 foot sewer easement across the front of lot #2. The sewer allocation required is 450 gpd. The $2.50 per gallon fee would have to be paid prior to obtaining a zoning permit. 6) Recreation: A $200/unit recreation fee applies to lot #1. DECISION & CONDITIONS Based on the above Findings of Fact, the South Burlington Plan- ning Commission approves the Final Plat application of Donald Carney for subdivision of 25,375 square feet of land into two parcels of 10,191 square feet and 15,184 square feet as depicted on a plan entitled "Property of Donald W. Carney, Designated as 95 Kirby Road, South Burlington, Vermont" prepared by Fitzpat- rick -Llewellyn, Inc., and dated 2/91 with the following stipula- tions: 1. The plat shall be revised prior to recording to show the following: a) The garage removed, b) 10 foot wide sewer easement across the frontage of proposed lot 2 for service to lot 1, and c) removal of "potential easement for water and sewer" shown across the rear of proposed lot 2. 2. A sewer allocation of 450 gpd is granted for lot 1. The applicant shall pay the $2.50 per gallon sewer fee prior to issuance of a zoning permit. 3. The applicant shall pay a $200 per unit recreation fee for lot #1 prior to issuance of a zoning permit for lot #1. 4. The installation of the water line shall be performed by jacking or washing, and the pavement on Kirby Road shall not be disturbed. 5. The plat shall be recorded within 90 days or this approval is null and void. The plat shall be stamped by a licensed land surveyor and signed by the Planning Commission prior to record- ing. -f" Chairman or Clerk South Burlington Planning Commission