HomeMy WebLinkAboutSD-11-02 - Decision - 1435 Spear Street#SD-11-02
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
GRANT LINNELL & KARINA PERUSSE
FINAL PLAT APPLICATION #SD-11-02
FINDINGS OF FACT AND DECISION
Grant Linnell & Karina Perusse, hereinafter referred to as the applicant, are seeking final plat
approval to subdivide a 6.22 acre parcel developed with a single family dwelling into two (2) lots
of 3.08 acres (Lot #1) and 3.12 acres(Lot #2), 1435 Spear St.
The Development Review Board held a public hearing on February 15, 2011. Lance Llwellyn
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 final
plat approval to subdivide a 6.22 acre parcel developed with a single family dwelling into two (2)
lots of 3.08 acres (Lot #1) and 3.12 acres(Lot #2), 1435 Spear St.
2. The owners of record of the subject property are Grant Linnell & Karina Perusse.
3. The application was received on January 14, 2011.
4. The subject property is located in the R1 & R4 Zoning Districts.
5. The plans submitted consist of a four (4) page set of plans, page one (1) entitled "2 Lot
Subdivision Plat Linnell Property Volume 966, Page 118 South Burlington, Vermont 1435 Spear
Street", prepared by Button Professional Surveyors, PC, dated 10/07/2010.
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Zoninq 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.
�l Min. Side Setback
25 ft.
>10 ft.
Min. Rear Setback
30 ft.
>30 ft.
** 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, PUDs 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.
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.
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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 ►gray 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
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DECISION
Motion by 6A L' I4% seconded by S0,% >�%��� , to
approve Final Plat Application #S -11-02 of Grant Linnell & 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 plat shall be revised to show the changes below and shall require approval of the
Administrative Officer. Three (3) copies of the approved revised plans shall be submitted to
the Administrative Officer prior to recording the plat.
a. The plans shall be revised to indicate the acreage existing and proposed in each of
the zoning districts.
b. The survey plat shall be signed by the land surveyor.
4. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines,
services, and service modifications shall be underground.
5. 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
6. No zoning permit for development of lot #1 shall be issued until the mylar has been recorded in
the land records.
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 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 Planning Staff.
Mark Behr —&nay/abstain/not present
Matthew Birminghamof resent — yea/nay/abstain/ _
John Dinklage — ay/abstain/not present
Roger Farley — e /abstain/not present
Michael Sirotkin — nay/abstain/not present
Gayle Quimb e /nay/abstain/not present
Bill Stuono —ye nay/abstain/not present
Motion carried by a vote of �9- D - 0
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Signed this S y f'1� (� -N ✓, � 2011b
f —day y
ark 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://vermontiudiciary.org/GTC/environmental/defauIt.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.