HomeMy WebLinkAboutSD-93-0000 - Decision - 1570 Spear StreetFINDINGS OF FACT & DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application of Franklin Lamoille Bank for
extension of the approval to subdivide 6.71 acres of land into
three (3) lots of 1.83, 2.28 and 2.6 acres, Spear Street.
On the 13th of July, 1993, the South Burlington Planning Commission
approved the request of Franklin Lamoille Bank for an extension to
a subdivision under Section 605 of the South Burlington Subdivision
Regulations based on the following findings:
1. This application is a request for an extension of the
subdivision approval of three (3) lots on Spear Street. The
approval for this subdivision was granted by the Superior Court on
9/27/90 on appeal from the Planning Commission's denial.
2. This property located on the east side of Spear Street opposite
Deerfield Drive lies within a restricted area in the Southeast
Quadrant District.
3. Condition #10 of the Final Order requires lots #2 and 3 to be
sold to separate, non-affiliated entities on or before September
27, 1993. The applicant acquired title to this property via
foreclosure action on 4/28/93 and wishes to have adequate time to
sell these lots as is explained in their letter dated 5/17/93. The
Planning Commission has authority to grant this two (2) year
extension under Section 605 of the subdivision regulations. The
Commission must determine that the developer has, since final plat
approval, been diligently and consistently pursuing financing or
other approvals necessary for the project.
4. In addition to the request for an extension, the applicant is
also requesting relief from another problem associated with
condition #10. The bank is having a difficult time selling the
lots because prospective buyers are concerned that if the second
lot is not sold by the September 27, 1993 deadline, then they will
not be able to get a building permit. The City Attorney has
informed staff that this will not be a problem if at least one (1)
of the lots are sold so that the lots are in separate and
nonaffiliated ownership.
DECISION & CONDITIONS
Based on the above Findings of Fact, the South Burlington Planning
Commission approves the request of Franklin Lamoille Bank for
extension of the approval to subdivide 6.71 acres of land into
three (3) lots of 1.83, 2.28, and 2.6 acres as depicted on a plan
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entitled "Final Plat, IBIS Corporation, South Burlington, Vermont",
prepared by G.E. Bedard, Inc., and dated 12/18/86, last revised
1/14/91, with the following stipulations:
1. All previous approvals and stipulations affecting the subject
property which are not superseded by this approval shall remain in
effect.
2. This approval shall expire on September 27, 1994 if the
applicant shall not have, within such time, conveyed either lot 2
or lot 3, or both, so that they are in separate and nonaffiliated
ownership.
Chairman or Clerk
South Burlington Planning Commission
�11123
Date
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