HomeMy WebLinkAboutSD-92-0001 - Decision - 0792 Shelburne RoadFINDINGS 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 .85 acres thereby creating two (2)
reconfigured parcels of 1.6 acres and 1.45 acres, 45 Swift Street.
On the 24th of March 1992, the South Burlington Planning Commission
approved the request of S. Handy, B. Kelly and C. Jennings for
preliminary plat approval under Section 203 of the South Burlington
Subdivision Regulations based on the following facts:
1. This proposal consists of a boundary line adjustment between
the Handy property (Bonanza Restaurant) and the Kelly & Jennings
property at 45 Swift Street. Kelly and Jennings are adjusting
their boundary in order to enlarge the Handy property by .8 acres.
The sketch plan was reviewed on September 17, 1991.
2. 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.
3. 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.
4. 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.
5. Access/circulation: A new 20 foot r.o.w. is proposed across
the remaining Kelly & Jennings lot to provide access to Swift
Street from the annexed property. This r.o.w. is located over an
existing access drive.
The proposed r.o.w. will not interfere with the traffic circulation
pattern on the Kelly & Jennings property.
6. Recreation/Bikepath: The plat shows an easement for a
recreation/bike path across the applicants' 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.
7. 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 application 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 prior to recording the final plat.
2. The 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 the final plat, or within 6 months
of recording the final plat.
3. 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.
4. Appropriate legal documents for the 20 foot r.o.w. over the
Kelly/Jennings parcel 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. 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.
6. The final plat application shall be submitted within 12 months
or this approval is null and void.
Chairme
South Burlington
or cler
Planning Commission
J26172,-
Da!te