HomeMy WebLinkAboutSD-06-103 - Decision - 0007 Adams Courtl
#SP-06-103
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
JAMES & ANN SORRELL and DOUGLAS LIFTON
BOUNDARY LINE ADJUSTMENT
FINAL PLAT APPLICATION #SD-06-103
FINDINGS OF FACT AND DECISION
James & Ann Sorrell and Douglas Lifton, hereinafter referred to as the applicants, are
seeking final plat approval for a boundary line adjustment between 9 Adams Court and 7
Brownell Way. The Development Review Board held public hearings on January 2,
2007, January 16, 2007 and February 20, 2007.
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 applicants are seeking final plat approval for a boundary line adjustment
between 9 Adams Court and 7 Brownell Way.
2. The owners of record of the subject properties are James & Ann Sorrell and
Douglas Lifton.
3. The subject properties are located in the Residential 2 (R2) Zoning District.
4. The plan submitted is entitled, "Plat of Survey Showing Boundary Line
Adjustment Between Lands of James & Ann Sorrell 9 Adams Court (lot 19)
Volume 277, page 79 and Douglas Lifton 7 Brownell Way (lot 20) Volume 620,
Page 734 South Burlington, Vermont", prepared by Button Professional Land
Surveyors, P.C., dated 11/7/06.
5. The applicants propose to adjust the boundary between the two properties. Per
the applicants, the original developer adjusted the boundary line between the two
properties in 1989. The original developer recorded in the City land records a
survey that the City never approved. This application is an attempt to rectify said
violations.
6. The property at 9 Adams Court, denoted as "Sorrell N/F" on the survey plat, is
currently 0.44 acres, or 19,371 square feet. The proposed boundary line
adjustment would result in a lot consisting of 0.35 acres, or 15,427 square feet.
This reduction in lot size appears to violate Section 3.05(A) of the South
Burlington Land Development Regulations which reads that "no lot shall be so
reduced in area that the lot size .... or other requirements of these regulations
shall be smaller than herein prescribed for each district." The minimum lot size in
the Residential 2 district is 22,000 sq. ft.
- 1 -
#SP-06-103
7. The property at 7 Brownell Way, denoted as "Lifton N/F" on the survey plat, is
currently 0.40 acres. The proposed boundary line adjustment would result in a lot
consisting of 0.49 acres.
8. Staff initially questioned the Board's ability to waive the minimum lot size
requirement or allow an increase in non-compliance. After consultation with the
City's Attorney, the Board finds and concludes that the boundary line adjustment
may be approved for the following reasons:
■ It appears that in 1981 the City approved both lots in different configurations
even though each lot consisted of less than 22,000 square feet; and
■ Each of the lots is part of a PUD, which allows flexibility in design.
DECISION C
Motion by G� seconded by bGfl� J,fxa 'to
approve Final PI t Application #SP 06-103 of James & Ann Sorrell and Dougl s Lifton,
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) Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
4) The final plat plan (survey plat) 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. Prior to recording the final plat plan, the
applicant shall submit a copy of the survey plat in digital format. The format of the
digital information shall require approval of the Director of Planning and Zoning.
-2-
#SP-06-103
Mark Behr — e nay/abstain/not present
Matthew Birmingham — yea/nay/abstain of presen
John Dinklage — ea/nay/abstai no presen
Roger. Farley — e nay/abstain/not present
Eric Knudsen — e nay/abstain/not present
Peter Plumeau — /nay/abstain/not present
Gayle Quimby — e /nay/abstain/not present
Motion carried by a vote of - D
Signed this ZL day f Ela"Aw4',( 2007, by
Mark Behr, Vice Chairman
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRCP 76 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).
-3-