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HomeMy WebLinkAboutSP-07-78 - Decision - 0000 Kaylyn’s Way#SP-07-78 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING GARDNER CONSTRUCTION, INC. — KAYLYN'S WAY SITE PLAN APPLICATION #SP-07-78 FINDINGS OF FACT AND DECISION Garnder Construction, Inc., hereinafter referred to as the applicant, is seeking to amend a previously approved plan consisting of two (2) duplexes on a single lot. The amendment consists of revising the landscaping plan, Kaylyn's Way. The Development Review Board held public hearings on Tuesday November 6, 2007 and Tuesday, November 20, 2007. Brad Gardner 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 plan consisting of two (2) duplexes on a single lot. The amendment consists of revising the landscaping plan, Kaylyn's Way. 2) The owner of record of the subject property is Gardner Construction, Inc. 3) The subject property is located in the Residential 4 (R4) Zoning District. 4) The plan is entitled, "As Built Landscape Plan Kaylyn's Way South Burlington, VT", prepared by Gardner Construction, Inc., dated 11/13/07, last revised on 11 /13/07. 5) The Planned Unit Development received final plat approval on May 3, 2005. The subject dwellings have since been built. However, the landscaping which was installed on site is not that which was approved as part of the May 3, 2005 Decision. 6) The applicant is thus requesting a change to the approved landscaping plan. The applicant is proposing to eliminate some of the previously approved trees in favor of planting beds as the site is already well shaded by existing trees. 7) The City Arborist has reviewed the proposed plans and stated that they are acceptable. The applicant has submitted a revised landscape schedule and budget. The budget for the changes exceeds the amount previously planted and required. - 1 - #SP-07-78 Q �f DECISION Motion by I t bG C(} � - seconded by T �� 1 C 14 U M rzA&( to approve Site Plan Application #SP47-78 of Gardner Construction, Inc., subject to the following conditions: 1. All previous approvals and stipulations which are not superseded by this approval, shall remain in effect. 2. This project shall be completed as shown on the plans 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. Any change to the site plan shall require approval by the South Burlington Development Review Board or the South Burlington Administrative Officer. Mark Behr — yea/nay/abstain/not present Matthew Birmingham — yea/nay/abstain/ of resent John Din klage —yea/nay/abstain of prese Roger Farley — e nay/abstain/not presen Eric Knudsen — e nay/abstain/not present Peter Plumeau — e /nay/abstain/not re nt Gayle Quimby — yea/nay/abstain of present Motion carried by a vote of - Ll Signed this day of O✓C ,M i C-4--- 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). -2-