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HomeMy WebLinkAboutSD-92-0000 - Decision - 0792 Shelburne RoadFINDINGS OF FACT & DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, application of S. Handy, B. Kelly and C. Jennings for a boundary line adjustment involving two (2) existing parcels of 2.4 acres and 0.85 acres thereby creating two (2) reconfigured parcels of 1.6 acres and 1.45 acres, 45 Swift Street and 792 Shelburne Road. On the 13th of October, 1992 the South Burlington Planning Commission approved the request of S. Handy, B. Kelly and C. Jennings for preliminary and final plat approvals under Sections 203 and 204 of the South Burlington Subdivision Regulations based on the following findings: 1. This application is for reapproval of the preliminary and final plats for a boundary line adjustment involving two (2) parcels of 2.4 acres and 0.85 acres thereby creating two (2) reconfigured parcels of 1.6 acres and 1.45 acres. The purpose for the reapproval is because the applicant failed to provide the legal documents necessary to record the final plat within the 90 day period. Final plat was approved on 5/21/92. 2. This boundary line adjustment is between the Handy property (Bonanza Restaurant) at 792 Shelburne Road and the Kelly & Jennings property at 45 Swift Street. Kelly & Jennings are reducing the size of their lot in order to enlarge the Handy property by 0.8 acres. 3. The 45 Swift Street property is located in the Commercial 1 District and is bounded on the north by Swift Street, on the east by a single family dwelling and a mini -warehouse, on the south by four (4) single family residences on Lindenwood Drive and on the west by Bonanza, Pizza Hut Restaurant and a commercial building containing a beauty shop and an interior decorator. 4. The Kelly & Jennings property is presently developed with an office and warehouse building. These uses require a total of 20 parking spaces and 54 spaces are available on this lot. 5. Coverage/setbacks: Building coverage on the remaining Kelly & Jennings lot will be 27.7% (maximum allowed is 30%). Overall coverage will be 70% (maximum allowed is 70%). Existing covered area is being converted to green space to meet coverage requirements. The main building meets all setback requirements but a detached accessory shed which straddles the new boundary line does not. It is shown on the plat as to be removed. This shed must be removed prior to recording of final plat. 6. Access/circulation: A new 20 foot r.o.w. is proposed across the remaining Kelly & Jennings property. The issue of access and circulation was evaluated at the time of site plan review for the motel addition on the Handy property. 7. Recreation/Bikepath: The plat shows an easement for a recreation/bike path across the applicant's property from Swift Street to Shelburne Road. The path is located along the perimeter of the property and should not interfere with any future development. 8. Merger agreement: Legal documents which merge the Handy property with the .8 acre lands must be submitted, reviewed, and approved by the City Attorney. These legal documents should be recorded at the same time the plat is recorded. DECISION & CONDITIONS Based on the above Findings of Fact, the Planning Commission approves the Preliminary Plat and Final Plat applications of S. Handy, B. Kelly, and C. Jennings for a boundary line adjustment involving two existing parcels of 2.4 acres and 0.85 acres thereby creating two reconfigured parcels of 1.6 acres and 1.45 acres as depicted on a plat entitled "Plan Showing Annex to Handy Property from Kelly & Jennings, Shelburne Road, South Burlington, Vermont," prepared by Warren Robenstein and dated January, 1992 with the following stipulations: 1. The sheds and concrete pads shown as "to be removed" shall be removed and existing paved area which is proposed to be converted to green area in order to comply with coverage requirements shall be so converted prior to recording of the final plat, or within six months of recording the final plat. 2. Appropriate legal documents merging the 0.8 acres with the existing Handy parcel shall be submitted to the City Attorney for approval and shall be recorded in the South Burlington Land Records at the same time the plat is recorded. 3. Appropriate legal documents for the 20 foot r.o.w over the existing Handy parcel shall be submitted to the City Attorney for approval and shall be recorded in the South Burlington land records at the same time the plat is recorded. 4. Appropriate legal documents for the proposed bike path easement shall be submitted to the City Attorney for approval and shall be recorded in the South Burlington land records prior to or at the same time the final plat is recorded. 5. The final plat shall be recorded in the Land Records within 90 days or this approval is null and void. The plat shall be signed by the Planning Commission chair or clerk prior to recording. L'z-l� �zw ��� Chairma South Burlington Planning Commission Date