HomeMy WebLinkAboutSD-04-81 - Decision - 0033 Barber TerraceCITY of SOUTH BURLINGTON
DEPARTMENT of PLANNING & ZONING
PAUL & LINDA EFFEL - 33 BARBER TERRACE
FINAL PLAT APPLICATION #SD-04-81
FINDINGS of FACT AND DECISION
Paul & Linda Effel, hereinafter referred to as the applicants, are requesting final plat
approval to subdivide a 0.57 acre lot developed with a single family dwelling into two (2)
lots of 0.26 acres (lot #1) and 0.31 acres (lot #2), 33 Barber Terrace. The Development
Review Board reviewed the sketch plan of the proposed project on August 17, 2004.
The Development Review Board held a public hearing on December 21, 2004. The
applicants were present at the meeting.
Based on testimony provided at the above mentioned public hearing and the plans and
supporting materials contained in the document file for this application, the Development
Review Board finds, concludes, and decides the following:
FINDINGS of FACT
1. The applicants are requesting final plat approval to subdivide a 0.57 acre lot
developed with a single family dwelling into two (2) lots of 0.26 acres (lot #1) and
0.31 acres (lot #2), 33 Barber Terrace.
2. The Development Review Board reviewed the sketch plan of the proposed
project on August 17, 2004.
3. The subject property is located in the Residential 4 (R4) Zoning District.
4. The owners of record of the subject property are Paul & Linda Effel.
5. The plan submitted consists of a subdivision plat entitled, "Subdivision Plan Paul
& Linda Effel City of South Burlington Vermont 33 Barber Terr", prepared by
William A. Robenstein Professional Land Surveyor, dated 10/29/04.
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Zoning District & Dimensional Requirements
Table 1. Dimensional Requirements
R4 Zoning District
Required
Proposed
A Min. Lot Size
10,890 SF
11,326 SF
A Max. Density
4 units/acre
3.5 units/acre
Max. Building Coverage
20%
Lot 1: 10%
Lot 2: n/a
Max. Overall Coverage
40%
Lot 1: 13%
Lot 2: n/a
♦ Min. Front Setback
30 ft.
Lot 1: 29 ft.
Lot 2: n/a
Min. Side Setback
10 ft.
Lot 1: 11 ft.
Lot 2: n/a
Min. Rear Setback
30 ft.
Lot 1: 31 ft.
Lot 2: n/a
zoning compliance
♦ pre-existing non-compliance
Some of the dimensional standards outlined in Table C-2 of the Land Development
Regulations are not applicable to Lot 2 of this project because an exact building footprint
is not being approved. Only the creation of the lot boundary is being approved at this
time. Compliance with specific dimensional standards for Lot 2 will be evaluated at the
time a zoning permit is issued for the construction of a new dwelling unit.
SUBDIVISION CRITERIA
Pursuant to Section 15.18 of the South Burlington Land Development Regulations,
subdivisions shall comply with the following standards and conditions:
Sufficient water supply and wastewater disposal capacity is available to meet the
needs of the project.
According to Section 15.13 of the South Burlington Land Development Regulations, the
existing public water system shall be extended so as to provide the necessary quantity of
water, at an acceptable pressure. Lot 2 of the proposed subdivision will support a new
single-family dwelling, which will need to be connected to the public water system.
According to Section 15.13 of the South Burlington Land Development Regulations, the
subdivider or developer shall connect to the public sewer system or provide a community
wastewater system approved by the City and the State in any subdivision where off -lot
wastewater is proposed. Lot 2 of the proposed subdivision will support a new single-family
dwelling, which will need to be connected to the public sewer system.
Sufficient grading and erosion controls will be utilized during and after construction
to prevent soil erosion and runoff from creating unhealthy or dangerous conditions
on the subject property and adjacent properties.
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Any construction or earthwork resulting form the proposed project proposed project shall
adhere to standards for erosion control as set forth in Section 16.03 of the South Burlington
Land Development Regulations. In addition, the grading plan shall meet the standards set
forth in Section 16.04 of the South Burlington Land Development Regulations.
The project incorporates access, circulation, and traffic management strategies
sufficient to prevent unreasonable congestion of adjacent roads.
Both of the subject properties will be accessed by private driveways off of Barber Terrace.
The plans show the proposed curb -cut and driveway for Lot 2 and the existing curb -cut and
driveway serving Lot 1.
The project's design respects and will provide suitable protection to wetlands,
streams, wildlife habitat as identified in the Open Space Strategy, and any unique
natural features on the site.
There are no wetlands on the subject property
The project is designed to be visually compatible with the planned development
patterns in the area, as specified in the Comprehensive Plan and the purpose of the
zoning district(s) in which it is located.
The proposed subdivision is in compliance with the Comprehensive Plan and the purpose
of the R4 Zoning District.
Open space areas on the site have been located in such a way as to maximize
opportunities for creating contiguous open spaces between adjoining parcels and/or
stream buffer areas.
This criterion is not applicable to the proposed project.
The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee)
to ensure that adequate fire protection can be provided.
This project does not warrant review by the South Burlington Fire Chief.
Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines
and lighting have been designed in a manner that is compatible with the extension of
such services and infrastructure to adjacent landowners.
This criterion is not applicable to the proposed project.
Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner
that is consistent with City utility and roadway plans and maintenance standards.
Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines,
services, and service modifications shall be underground.
The project is consistent with the goals and objectives of the Comprehensive Plan
for the affected district(s).
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C
The proposed subdivision of this property is in conformance with the South Burlington
Comprehensive Plan.
Lot Layout.
According to Section 15.10 of the South Burlington Land Development Regulations, a
minimum width to length ratio of one to five (1:5) shall be used as a guideline by the
Development Review Board in evaluating lot proportions. Square or roughly square lots
shall not be approved.
The two lots proposed through this project are in compliance with this criterion.
r DECISION
Motion by �'��� ��f l l(; �(� �_ seconded byi
to approve Final Plat Application #SD-04-81 of Paul & Linda Effel, subject to the
following conditions:
1) All previous approvals and stipulations shall remain in full effect, except as amended
herein.
2) This project shall be completed as shown on the plat submitted by the applicant, and
on file in the South Burlington Department of Planning & Zoning.
3) The final plat plan shall be revised to show the changes below and shall require
approval of the Administrative Officer. Three (3) copies of the approved revised plan
shall be submitted to the Administrative Officer prior to recording.
a) The final plat plan shall be revised to include the changes recommended by the City
Engineer in his memo dated 11/10/04.
b) The final plat plan shall be revised to remove the proposed single family dwelling.
c) The final plat plan shall be revised to include the seal of the surveyor.
4) Any construction or earthwork resulting form the proposed project proposed project
shall adhere to standards for erosion control as set forth in Section 16.03 of the South
Burlington Land Development Regulations. In addition, the grading plan shall meet the
standards set forth in Section 16.04 of the South Burlington Land Development
Regulations.
5) Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility
lines, services, and service modifications shall be underground.
6) Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
7) The final plat plan shall be recorded in the land records within 90 days or this
approval is null and void. The plan shall be signed by the Board Chair or Clerk prior
to recording. Prior to recording the final plat plan, the applicant shall submit a copy of
the survey plat in digital format. The format of the digital information shall require
approval of the Director of Planning & Zoning.
Chuck Bolton — e ay/abstain/not present
Mark Boucher — ay/abstain/not present
John Dinklage — e nay/abstain/not present
Roger Farley — e nay bstain/not present
Michele Kupersmith a nay/abstain/not present
Larry Kupferman — e nay/abstain/no resent
Gayle Quimby — yea/nay/abstain of presen
Motion carried by a vote of -- C) - 0
Signed this a day of December, 2004 by
Joh Dinklage, Chair v
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this
decision is issued. The fee is $225.00. 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 VSA 4472 (d) (exclusivity of remedy;
finality).
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