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Home My WebLink AboutSD-11-15 - Decision - 1435 Spear Street#SD-11-15 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING 1435 SPEAR STREET FINAL PLAT APPLICATION #SD-11-15 FINDINGS OF FACT AND DECISION Grant Linnell & Karina Perusse are seeking to amend a previously approved two (2) lot subdivision. The amendment consists of: 1) adjusting the boundary line between the two (2) lots, 2) extending a landscaping easement to the west, 3) extending the building envelope on lot #2 to the west, and 4) adding a height restricted envelope on lot #2, 1435 Spear Street. The Development Review Board held a public hearing on May 17, 2011. Patrick O'Brien 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. Grant Linnell & Karina Perusse, hereinafter referred to as the applicants, are seeking to amend a previously approved two (2) lot subdivision. The amendment consists of: 1) adjusting the boundary line between the two (2) lots, 2) extending a landscaping easement to the west, 3) extending the building envelope on lot #2 to the west, and 4) adding a height restricted envelope on lot #2, 1435 Spear Street. 2. The owners of record of the subject property are Grant Linnell and Karina Perusse. 3. The application was received on April 1, 2011 4. The subject property is located in the R1 and R4 Zoning Districts. 5. The plans submitted consist of a four (4) page set, page one (1) entitled "Linnell Subdivision South Burlington Vermont", prepared by Llewelyn-Howley, dated 12/30/10, last revised on 3/21/11. The Board approved a two -lot subdivision on February 15, 2011 (#SD-11-02). There were no major concerns. This application is to adjust the boundary line between the two lots created as a result of that subdivision. The change in lot size between the two lots is a mere 30 square feet. This change is so small that effective acreage (rounded to hundredths) of the two lots remains the same. Lot 1 will be 3.08 acres and contain a proposed single family home. Lot 2 will be 3.12 acres and contain the existing single family home. The applicant has also stated that they will be extending a landscaping easement and building envelope to the west, as well as adjustments to a height restricted envelope. CADocuments and Settings\Mark C. Behr\My Documents\South Burlington DRB\5.17.11 Meeting Decisions\SD_11_15_1435SpearSt_Linnell_ffd.doc #SD-11-15 Zoning District & Dimensional Requirements Table 1. Dimensional Requirements R1 Zoning District Requirement/Limitation Proposed Min. Lot Size 40,000 SF 3.08 acre Max. Density See note below No additional units are proposed at this time Max. Building Coverage 15% 2.7%** Max. Total Coverage 25% 7.7%** Min. Front Setback 50 ft. >30 ft. tit Min. Side Setback 25 ft. >10 ft. � Min. Rear Setback 30 ft. >30 ft. 4 The subject lot lies in both the R1 and R4 zoning district. The lot sizes meet the minimum standards in even the more restrictive district. ** Coverage information is for Lot 1 which contains the existing home. SUBDIVISION STANDARDS Pursuant to Section 15.18 of the South Burlington Land Development Regulations, PLIDs shall comply with the following standards and conditions: Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project. According to Section 15.13 of the South Burlington Land Development Regulations, the existing public water system shall be extended so as to provide the necessary quantity of water, at an acceptable pressure. According to Section 15.13 of the South Burlington Land Development Regulations, the subdivider or developer shall connect to the public sewer system or provide a community wastewater system approved by the City and the State in any subdivision where off -lot wastewater is proposed. Sufficient grading and erosion controls will be utilized during and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent properties. The proposed project shall adhere to standards for erosion control as set forth in Section 16.03 of the South Burlington Land Development Regulations. In addition, the grading plan shall meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. The project incorporates access, circulation and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. 2 CADocuments and Settings\Mark C. Behr\My Documents\South Burlington DRB\5.17.11 Meeting Decisions\SD_11_15_1435SpearSt_Linnell_ffd.doc #SD-11-15 DECISION Motion by Gayle Quimby, seconded by Roger Farley, to approve Final Plat Application #SD- 11-15 of Grant Linnell and Karina Perusse, 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 proposed project shall adhere to standards for erosion control as set forth in Section 16.03 of the South Burlington Land Development Regulations. In addition, the grading plan shall meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. 4. Any changes to the final plat plan shall require approval of the South Burlington Development Review Board. 5. 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 South Burlington GIS Coordinator. Mark Behr — yea/nay/abstain/not present Matthew Birmingham — yea/nay/abstain/not present John Dinklage — yea/nay/abstain/not present Roger Farley — Yea/nay/abstain/not present Michael Sirotkin — yea/nay/abstain/not present Gayle Quimby — yea/nay/abstain/not present Bill Stuono — yea/nay/abstain/not present Motion carried by a vote of 5 — 0 — 0 Signed this 18th day of May 2011, by Digitally signed by Mark C. Behr Mark C. Behr DN Architect Mark C. Behr, —Richard Henry Behr Architett P.C., ou, email=mark@rhbpc.com, -US Date: 2011.05.18 15:13:08-04'00' Mark Behr, Chairman 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 V.R.E.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 V.R.E.C.P. 5(b)(4)(A). Please contact the Environmental Division at 802-828-1660 or http://vermontgudiciary.org/GTC/environmental/default.asr)x for more information on filing requirements, deadlines, fees and mailing address. 4 CADocuments and Settings\Mark C. Behr\My Documents\South Burlington DRB\5.17.11 Meeting Decisions\SD_11_15_1435SpearSt_Linnell_ffd.doc #SD-11-15 At this time, no additional units are proposed. Even if a single family dwelling were to be built on Lot #1, the increase in traffic would not be sufficient to warrant concerns or necessitate traffic management strategies. No additional accesses are reasonable as part of this application. The project's design respects and will provide suitable protection to wetlands, streams, wildlife habitat as identified in the Open Space Strategy, and any unique natural features on the site. There are no wetlands on the subject property. The project is designed to be visually compatible with the planned development patterns in the area, as specified in the Comprehensive Plan and the purpose of the zoning district(s) in which it is located. According to Section 4.03 of the South Burlington Land Development Regulations, the R1 and R4 Districts were formed to encourage residential use at low to moderate densities. This proposal is within density guidelines for the district and in compliance with this criterion. Open space areas on the site have been located in such a way as to maximize opportunities for creating contiguous open spaces between adjoining parcels and/or stream buffer areas. No buildings have been proposed as part of this subdivision; the building lots shown appear to allow for a large area of undeveloped land to the west. Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and lighting have been designed in a manner that is compatible with the extension of such services and infrastructure to adjacent landowners. Newly installed utility lines, services, and service modifications shall be underground. Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards. The plans depict a 10 foot wide shared driveway. As only two homes are proposed for the property, this is merely a shared driveway and does not meet the threshold of three homes for a private but named road. The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). The proposed subdivision is consistent with the South Burlington Comprehensive Plan. The R1 and R4 Districts are formed to encourage residential use at low to moderate densities. This plan achieves this. The project's design respects and will provide suitable protection to wetlands, The City's Official Wetland Map indicates that there are no wetlands on the subject property. 3 CADocuments and Settings\Mark C. Behr\My Documents\South Burlington DRB\5.17.11 Meeting Decisions\SD_11_15_1435SpearSt_Linnell_ffd.doc #SD-11-15 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. 5 CADocuments and Settings\Mark C. Behr\My Documents\South Burlington DRB\5.17.11 Meeting Decisions\SD_11 _15_1435SpearSt_Linnell_ffd.doc