HomeMy WebLinkAboutSD-91-0000 - Decision - 0001 0005 0007 0009 Executive Drivel
FINDINGS OF FACT & DECISION
STATE OF VERMONT S p-- 6 D o
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application of Harold Bensen for subdivi-
sion of a 3.63 acre parcel containing a planned commercial de-
velpment consisting of two (2) commercial buildings and 16 resi-
dential units into two (2) lots of 1.41 acres (commercial build-
ings) and 2.22 acres (residential buildings), 1 Executive Drive.
On the 9th of July 1991, the South Burlington Planning Commission
approved the request of Harold Bensen for preliminary plat ap-
proval under Section 203 of the South Burlington Subdivision
Regulations based on the following findings:
1. Harold and Eleanor Bensen propose to subdivide a 3.63 acre
parcel into two parcels of 2.22 and 1.41 acres. The parcel
contains 16 residential units in 3 buildings (rear of property)
and two commercial structures (front portion of parcel near
Patchen Road). The subdivision would create a residential lot
(2.22 acres) and a commercial lot (1.41 acres). Mr. Bensen plans
to convert the existing rentals to condominium ownership.
2. The parcel is zoned C-1. It is bounded on the north by
Jaycee Park, on the west and south by commercial uses, and on the
east by Patchen Road. Since this subdivision involves commercial
property, it is defined as a major subdivision which is a 3 step
process.
3. Access: Access would remain as is from the 25 foot wide
private drive off Patchen Road. The applicant proposes an access
easement over the commercial lot to maintain access for the
residential lot. This easement is shown on the plat.
4. Minimum lot size: The commercial lot meets the minimum lot
size for this zone. The residential lot does not meet the mini-
mum lot size of 4 acres for residential uses in the C-1 zone. A
variance was granted by the Zoning Board on 3/26/84 to allow the
construction of 16 units on the 3.7 acre parcel.
5. Setbacks: The required setbacks are met from the proposed
new property line. The existing commercial building on Patchen
Road does not meet front yard setback requirements, however, this
is an existing condition and is not a result of the proposed
subdivision.
6. Coverage: Coverage requirements are met for both parcels.
1
DECISION & CONDITIONS
Based on the above Findings of Fact, the Planning Commission
approves the preliminary plat application of Harold Bensen for
subdivision of a 3.63 acre parcel containing a planned develop-
ment consisting of two (2) commercial buildings and 16 residen-
tial units into two (2) lots of 1.41 acres (commercial buildings)
and 2.22 acres (residential buildings) as depicted on a plan
entitled "Preliminary Site Plan for Hal Bensen, No. 1 Executive
Drive, South Burlington, Vermont", prepared by Vermont Land
Surveyors and dated 5/8/90 with the following stipulations:
1. As expressed by the applicant, the applicant shall replace
dead landscaping and install new landscaping as outlined in the
letter from Four Seasons dated 6/19/91. The applicant shall post
a 3-year bond to cover the new landscaping prior to recording.
2. The applicant shall record a pedestrian easement on lot 1
which allows employees of businesses on lot 2 to walk over lot 1
to access the bank and post office. This easement shall be
approved by the City Attorney and shall be recorded in the South
Burlington land records prior to recording the revised final
plat. The easement shall be shown on the final plat.
3. The applicant shall record appropriate legal documents which
clarify that the uses on lots 1 and 2 were originally created as
a planned commercial development and that any subsequent review
and approvals by the Planning Commission shall take into account
the entire 3.63 acre F.C.D. and uses thereon.
4. The applicant shall submit the revised final plat application
within 12 months or this approval is null and void.
South Burlington Planning Commission