HomeMy WebLinkAboutSD-17-20 - Decision - 0027 Birch Street#SD-17-20
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
ROBERT PROVOST
27-29 BIRCH STREXvT
FINAL PLAT APPLICATION #SD-17-20
FINDINGS OF FACT AND DECISION
Robert Provost, hereinafter referred to as the applicant, is seeking approval for final plat application
#SD-17-20 to create two (2) footprint lots, 27 & 29 Birch Street.
The Development Review Board held a public hearing on Tuesday, September 5, 2017. Robert Provost
represented himself.
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 project consists of Final Plat Application #SD-17-20 of Robert Provost to create two (2) footprint
lots, 27-29 Birch Street.
2. The owner of record of the subject properties is Robert Provost.
3. The application was received on August 7, 2017.
4. The subject property is located in the Residential 4 Zoning subdistrict.
5. The plan submitted is entitled "Plat of Lands of 27-29 Birch Street Common Interest Community South
Burlington, Vermont," dated April 2017 and prepared by Richard W. Bell Land Surveying, Inc.
Dimensional Standards:
The applicant proposes to create two (2) footprint lot lines around the individual dwelling units
previously approved in this subdivision. This action would create non -conforming lots (being of
insufficient individual size, and having zero setbacks in between each unit on a lot) and therefore will
not be considered individual lots for the LDRs. For purposes of the LDRs, the two footprint lots included
in this proposal shall be considered one lot (Lot 29) as approved previously. The applicant will be
required to record a "Notice of Condition" to this effect which has been approved by the City Attorney
prior to recording the final plat plan.
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#SD-17-20
DECISION
Motion by Matt Cota, seconded by John Wilking, to approve final plat application #SD-17-20 of Robert
Provost 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 and Zoning.
3. The 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 plat shall be submitted to the
Administrative Officer prior to recording the plat.
a. The plat plan shall be revised to include the signature of the land surveyor.
4. For purposes of the LDRs, the lots included in this subdivision shall be considered two (2) lots as
approved previously. The applicants shall record a "Notice of Condition" to this effect which has
been approved by the City Attorney prior to recording the final plat plan.
5. A digital PDF version of the full set of approved final plat shall be delivered to the Administrative
Officer before recording the final plat plan.
6. Any changes to the final plat plan shall require approval of the South Burlington Development
Review Board.
7. The final plat plan (survey plat) shall be recorded in the land records within 180 days or this approval
is null and void. The plat plan shall be signed by the Board Chair or Clerk prior to recording. Prior to
recording the final plat plan, the applicant shall submit copies of the survey plat in digital format.
The format of the digital information shall require approval of the South Burlington GIS Coordinator.
Mark Behr
Yea
Nay
Abstain
Not Present
Matt Cota
Yea
Nay
Abstain
Not Present
Frank Kochman
Yea
Nay
Abstain
Not Present
Bill Miller
Yea
Nay
Abstain
Not Present
David Parsons
Yea
Nay
Abstain
Not Present
Jennifer Smith
Yea
Nay
Abstain
Not Present
John Wilking
Yea
Nay
Abstain
Not Present
Motion carried by a vote of 5— 0 — 0.
Signed this 8 day of September 2017, by
Bill Miller, Chair
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#SD-1 7-20
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 VRE.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
VRE.C.P. 5(b) (4)(A). Please contact the Environmental Division at 802-828-1660 or
http://vermonteudiciary.org/GTC/environmental/default.aspx 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.