HomeMy WebLinkAboutMS-00-01 - Decision - 0058 Logwood Street#MS-00-01
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application of Nancy Farrell to construct an eight (8) foot by 25 foot deck that will
encroach 18 feet into the 30 foot front yard setback.
On the 20th of June, 2000, the South Burlington Development Review Board approved the
application of Nancy Farrell 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 constructing an eight (8) foot by 25 foot deck that will encroach 18 feet into the
30 foot front yard setback under Section 25.118, exceptions to yard and coverage setbacks, of the South
Burlington Zoning Regulations. Section 25.118 is a new addition to the Zoning Regulations that provides
exceptions to yard setback and coverage requirements for lots in existence prior to February 28, 1974 that
are primarily a single family or two-family residence.
2. The owner of record of this particular property is Nancy Farrell
3. This property is located in the Residential Four District. It is bounded on the east by the residence of
Marion and Karyn Dubie, on the north by the residence of Laura Willette and Richard Mead, on the west
by the residence of James Smith, and on the south by Logwood Street.
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 affect 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 property
The applicant has submitted a report addressing these criteria and brought a photo exhibit to the meeting.
Though no survey plat has been submitted, the applicant has submitted a sketch of the property. It was
stafFs position that no adverse affect will result from the proposed addition.
DECISION AND CONDITIONS
Based on the above Findings of Fact, the South Burlington Development Review Board approves the
application #MS-00-01 of Nancy Farrell under Section 25.118(c) of the South Burlington Zoning
Regulations to replace front steps with an eight foot by 25 foot deck which will encroach 18 feet into the
30 foot front yard setback requirement in the Residential Four District, 58 Logwood Street, as depicted
on a plan entitled "58 Logwood St., S. Burlington, VT 864-9323, Nancy Farrell," dated 5/00, 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 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.
r
Chair or Clerk
Sout urlington Development Review Board
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Date