HomeMy WebLinkAboutSD-92-0000 - Decision - 0045 Swift StreetFINDINGS 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.
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Chairma
South Burlington Planning Commission
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Date