HomeMy WebLinkAboutSD-14-19 - Decision - 0004 0008 West Fisher Lane#SD-14-19
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
STERLING CONSTRUCTION, INC., ET. AL.
SOUTH VILLAGE 334 PLANNED UNIT DEVELOPMENT
FINAL PLAT APPLICATION #SD-14-19
FINDINGS OF FACT AND DECISION
Sterling Construction, Inc. et. al., hereinafter referred to as the applicants, are seeking approval
for final plat application #SD-14-19 of Sterling Construction for approval of seven (7) footprint
lots, 6, 10 & 14 E. Fisher Lane, 4 & 8 W. Fisher Lane and 139, 143 South Jefferson Road.
Lot 13 becomes lots 13.1, 13.2, and 13.3; lot 18 becomes lots 18.1 and 18.2; and lot 46 becomes
lots 46.1 and 46.2, as shown on the "Plat of Survey" for each lot.
The Development Review Board held a public hearing on July 15, 2014. Robin Jeffers
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 amendment consists of creating seven "footprint lots", subdividing three previously
approved lots, with one (1) lot for each dwelling unit. Lot 13 becomes lots 13.1, 13.2, and 13.3;
lot 18 becomes lots 18.1 and 18.2; and lot 46 becomes lots 46.1 and 46.2, all as shown on the
"Plat of Survey" for each lot.
2. The owners of record of the subject properties are: lots 13 and 46: Sterling Construction; lot
18.1: Fred Westerfeld; lot 18.2: Wendell & Martha Davis.
3. The application was received on May 30, 2014.
4. The subject property is located in the Southeast Quadrant Zoning subdistrict.
5. The plans submitted are entitled "Plat of Survey Lot 13 Townhouses South Village 6, 10, & 14
West Fisher Lane", dated May 16, 2014; "Plat of Survey Lot 18 Townhouses South Village 4 & 8
West Fisher Lane", dated March 10, 2014; and "Plat of Survey Lot 46 Townhouses South Village
139 & 143 Madison Lane", dated May 20, 2014; all prepared by Civil Engineering Associates, Inc.
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
#SD-14-19
setback in between each unit on a lot) and therefore will not be considered individual lots for
the LDRs. For purposes of the LDRs, the seven lots included in this proposal shall be considered
the three lots (Lots 13, 18, and 46) 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.
DECISION
Motion by Bill Miller, seconded by Jennifer Smith, to approve Final Plat Application #SD-14-19 of
Sterling Construction, et. al., 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 three plats submitted by the applicants and
on file in the South Burlington Department of Planning and Zoning.
3. The three (3) plats shall be revised to show the changes below and shall require approval of
the Administrative Officer. Three (3) copies of each of the approved revised plats shall be
submitted to the Administrative Officer prior to recording the plats.
a. Each plat plan shall be revised to include the seal and signature of the land
surveyor.
4. For purposes of the LDRs, all seven lots included in this subdivision shall be considered three
lots as approved previously (lots 13, 18, and 46). The applicants shall record a "Notice of
Condition" to this effect which has been approved by the City Attorney prior to recording
the final plat plans.
5. Any changes to the final plat plans shall require approval of the South Burlington
Development Review Board.
6. The final plat plans (survey plats) shall be recorded in the land records within 180 days or
this approval is null and void. The plans shall be signed by the Board Chair or Clerk prior to
recording. Prior to recording the final plat plans, the applicants shall submit copies of the
three survey plats 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
Art Klugo —
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
0)
#SD-14-19
Motion carried by a vote of 5 — 0 — 0
I Y T� �� (
Signed this day of 2014, by
Tim Barritt, Chair
Please note: An appeal of this decision may be taken by filinE
decision, a notice of appeal and the required fee by certified r
Environmental Division. See V.R.E.C.P. 5(b). A copy of the no -
to the City of South Burlington Planning and Zoning DepartmE
Burlington, VT 05403. See V.R.E.C.P. 5(b) (4)(A). Please conta
802-828-1660 or http://vermonteudiciary.org/GTC/environME
information on filing requirements, deadlines, fees and mailin
vithin 30 days of the date of this
it to the Superior Court,
of appeal must also be mailed
at 575 Dorset Street, South
the Environmental Division at
al/default.asDX for more
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.