HomeMy WebLinkAboutSD-09-47 - Decision - 0326 Quarry Hill Road#SD-09-47
CITY OF SOUTH BURLINGTON Lq�
DEPARTMENT OF PLANNING AND ZONING
JOHN LARKIN 326 QUARRY HILL ROAD
FINAL PLAT APPLICATION #SD-09-47
FINDINGS OF FACT AND DECISION
John Larkin, hereinafter referred to as the applicant, is seeking to amend a previously
approved planned unit development consisting of five (5) multi -family dwellings totaling
160 units and a 40 unit congregate housing facility. The amendment consists of allowing
the footings of the building to encroach into the front setback requirement and the
Interstate Highway Overlay District, 326 Quarry Hill Road.
The Development Review Board held a public hearing on November 17, 2009. Michelle
Dufresne 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. The applicant is seeking to amend a previously approved planned unit development
consisting of five (5) multi -family dwellings totaling 160 units and a 40 unit congregate
housing facility. The amendment consists of allowing the footings of the building to
encroach into the front setback requirement and the Interstate Highway Overlay District,
326 Quarry Hill Road.
2. The owner of record of the subject property is John Larkin.
3. The application was received on October 26, 2009
4. The subject property is located in the Residential 12 Zoning District.
5. The plans submitted consist of a two (2) page set of plans, page one (1) entitled,
"Quarry Hill Subdivision South Burlington Vermont Overall Site Plan," prepared by
Llewellyn -Howley, Inc., dated 10/25/2007, last revised on 6/11/2009.
The Interstate Highway Overlay District is 150 feet. The applicant has previously
proposed, and had approved, a building which lies on the overlay district boundary line.
The applicant has since discovered that the underground footings which are required for
the building will extend 1.2 feet into the overlay district and 2.5 feet into the front setback
requirement. These footings will be underground and not visible.
DECISION
I:\Development Review Board\Findings_Decisions\2009\LarkinQuarry_SD0947_ffd.doc
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#SD-09-47
Motion by (7"AN 6 1 , seconded by �Cx * L6
to approve Final Plat Ap lication SD-09-47 of John Larkin, subject to the fibIlowing
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 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.
4. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer
prior to occupancy of the building.
5. Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
6. The final plat plan (Footing Waiver Plan) shall be recorded in the land records within
180 days or this approval is null and void. The plan shall be signed by the Board
Chair or Clerk prior to recording.
Mark Behr —yea/nay/abstainoresen
Matthew Birmingham— yea/nay/an/ of present
John Dinklagffieay/abstain/not
ay/abstain/not present
Roger Farleyy/abstain/not present
Eric Knudseny/abstain/not present
Gayle Quimbay/abstain/not present
Bill Stuono — present
Motion carried by a vote of - -
Signed this day of 2009, by
r � o
John Dinklage, Chairman �.
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRECP 5 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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I:\Development Review Boa rd\Findings_Decisions\2009\LarkinQuarry_SD0947_ffd.doc