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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 17 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 18