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HomeMy WebLinkAboutSD-15-13 - Decision - 0054 Frost Street#SD-15-13 I CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING STERLING CONSTRUCTION, INC. SOUTH VILLAGE PUD, 54 FROST STREET & 138 CHIPMAN STREET FINAL PLAT APPLICATION #SD-15-13 FINDINGS OF FACT AND DECISION Final plat application #SD-15-13 of Sterling Construction, Inc., hereinafter referred to as applicant, to create two (2) footprint lots, 54 Frost Street & 138 Chipman Street. The Development Review Board held a public hearing on May 5, 2015. Bart Frisbie 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 application consists of creating two (2) footprint lots, 54 Frost Street & 138 Chipman Street. 2. The owner of record of the subject properties is Sterling Construction, Inc. 3. The application was received on March 31, 2015. 4. The subject property is located in the Southeast Quadrant Zoning District. 5. The plan submitted consists of one (1) page and is entitled "Lands of Sterling Construction, Inc. Frost St. & Chipman St., South Burlington, VT", prepared by Lamoureux & Dickinson Consulting Engineers, Inc., dated March 16, 2015. Dimensional Standards: The applicant proposes to create lot lines in between the individual dwelling units and including front and year yard areas with each dwelling unit previously approved in this subdivision. This action would create non -conforming lots (being of insufficient individual size, and having zero I setback in between each unit on a lot) and therefore will not be considered individual lots for the LDRs. Lot 32 is to be divided into two footprint lots consisting of 32-1 (#54 Frost Street) and 32-2 (#138 Chipman Street). For purposes of the LDRs, the two lots included in this proposal shall be considered one lot as approved previously. The applicant will be required to record a "Notice of Condition" to this effect which has been approved by the City Attorney prior to recording the final plat plan. 1 #SD-15-13 DECISION Motion by Bill Miller, seconded by Jennifer Smith, to approve Final Plat Application #SD-15-13 of Sterling Construction, Inc. subject to the following conditions: 1. All previous approvals and stipulations for the South Village project shall remain in full effect except as amended herein. 2. This project shall be completed as shown on the plats submitted by the applicants 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 plats shall be submitted to the Administrative Officer prior to recording the plats. a. The plat plan shall be revised to include the seal and signature of the land surveyor. 4. For purposes of the LDRs, all two lots (lots 32-1 & 32-2) included in this subdivision shall be considered one lot (Lot 32) as approved previously. The applicant shall record a "Notice of Condition" to this effect which has been approved by the City Attorney prior to recording the final plat plan. 5. Any changes to the final plat plan shall require approval of the South Burlington Development Review Board. 6. 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 copies of the survey plat in digital format. The format of the digital information shall require approval of the South Burlington GIS Coordinator. Tim Barritt Yea Nay Abstain Not Present Mark Behr Yea Nay Abstain Not Present Brian Breslend Yea Nay Abstain Not Present Bill Miller Yea Nay Abstain Not Present David Parsons Yea Nay Abstain Not Present Jennifer Smith Yea Nay Abstain Not Present John Wilking Yea Nay Abstain Not Present Motion carried by a vote of 6— 0 — 0. , ] Signed this day of 2015, by Tim Barritt, Chair 2 #SD-15-13 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://vermontoudiciary.org/GTC/environmental/default.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. N