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Home My WebLink AboutSP-10-78 - Decision - 0326 0378 Quarry Hill RoadP:\Development Review Board\Findings_Decisions\2010\Larkin SP1078 ffd.doc CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING JOHN LARKIN 326 & 378 Quarry Hill Road. SITE PLAN APPLICATION #SP-10-78 FINDINGS OF FACT AND DECISION John Larkin, hereinafter referred to as the applicant, is seeking after -the -fact approval to amend a previously approved plan for two (2) 32 unit multi -family dwellings. The amendment consists of site modifications including parking lot and landscaping changes, 326 & 378 Quarry Hill Road. The Development Review Board held a public hearing on January 18, 2011. Skip McClellan represented the applicant. 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. John Larkin, hereinafter referred to as the applicant, is seeking after -the -fact approval to amend a previously approved plan for two (2) 32 unit multi -family dwellings. The amendment consists of site modifications including parking lot and landscaping changes, 326 & 378 Quarry Hill Road. 2. The application was received on November 3, 2010. 3. The owner of record of the subject property is John Larkin. 4. The subject property is located in the R12 Zoning District. 5. The plans submitted consist of a five (5) page set of plans, page one (1) entitled, "Quarry Hill Subdivision, South Burlington Vermont Overall Site Plan,"prepared by Llewelyn-Howley Inc, dated 10/25/07, last revised on 1/3/11. The applicant is seeking approval for the following (statements below are copied verbatim from the application submitted): 1. Revisions to Larkin #2 Landscape Plan- plant materials are changed to eliminate invasive species and locations have been adjusted for site conditions. 2. Revisions to Larkin #2 proposed rubble walls- single rubble walls previously approved have been changed to a series of smaller rubble walls in a terraced configuration (two big walls changed to five shorter walls). 3. Parking Lot Adjustment- 19 space parking area north of Bldg N has been moved 5' north to allow more space between the building and the pavement. The dumpster P:\Development Review Board\Findings_Decisions\2010\Larkin SP1078 ffd.doc previously approved in the same parking lot has been turned slightly to provide clear access. This application is an after -the -fact application. The proposed changes herein, as well as other site modifications without approval, have already been completed and constructed. Staff discovered most of these discrepancies between the approved plan and the as -built conditions during a site visit to the property for the purpose of issuing a Certificate of Occupancy. Neither building has a C.O., though both are occupied in violation of the zoning regulations. The Board has no concerns relating to the proposed changes to the "rubble" retaining walls. They adhere to the land development standards which dictate that they are located at least five feet from a property line and are less than eight feet in height. The Board previously held serious concerns pertaining to the parking lot and other items placed within the Interstate Highway Overlay District. The applicant has since addressed this by removing all development from that area. In doing so, they have lost two parking spaces which previously encroached. According to Table 13-1 of the South Burlington Land Development Regulations, the proposed project will require 128 parking spaces (Article 13 of the South Burlington Land Development Regulations states that "if all parking spaces are common, i.e. non -reserved, and there are more than 10 dwelling units, the requirement decreases to 2 spaces per dwelling unit."). A total of 110 parking spaces are proposed for the subject buildings. This represents a shortfall of 18 spaces, 14.1 %. The applicant makes note that they are proposing to locate the 18 parking spaces within the satellite lot (QHC Lot #3), which would only be built if the applicant finds it necessary. According to Table 13-7 of the South Burlington Land Development Regulations, the proposed project will require five (5) handicapped -accessible parking spaces. Four (4) handicapped - accessible parking spaces are depicted on the plans and one is located in each garage. Therefore, a total of six (6) are provided. JJ 11Um �`II//�DECISIONWb0qZ1_, Motion by $WIN 16* , seconded by �� l✓�to approve Site Plan Application #SP-10-78 of John Larkin subject to the following conditions: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. This project shall be completed as shown on the plans submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 3. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 17.04 of the Land Development Regulations or this approval is null and void. 2 P:\Development Review Board\Findings_Decisions\2010\Larkin SP1078 ffd.doc 4. Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any new utility lines shall be underground. 5. The 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. 6. There shall be no clearing or disturbance of land within wetlands or wetland buffers. 7. No parking shall be reserved on site. 8. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to occupancy of the building. 9. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. Mark Behr ea nay/abst 'n/not present Matthew Birmingham — ea ay/abstain/not present John Dinklage abstain/not present Roger Farley — ebstain/not present Michael Sirotkin —y/abstain/not present Gayle QuimbLyea�)nkaa yabstain/not present Bill Stuono —tain/not present Motion carried by a vote of &--L- v Signed this I d of "'2011, by Mark Behr, Chairman Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this decision, a notice of appeal and the required fee by certified mail to the Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be mailed to the City of South Burlington Planning and Zoning Department at 575 Dorset Street, South Burlington, VT 05403. See V.R.E.C.P. 5(b)(4)(A). Please contact the Environmental Division at 802-828-1660 or http://vermontiudicia[y.org/GTC/environmental/default.asl)x for more information on filing requirements, deadlines, fees and mailing address. The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call 802.879.5676 to speak with the regional Permit Specialist.