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HomeMy WebLinkAboutSD-98-0000 - Decision - 1985 Spear StreetFINDINGS OF FACT & DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, application of Amy Sylvester Averill to subdivide a 19.65 acre parcel into two (2) lots of 13.98 acres and 5.67 acres, 1985 Spear Street, On the 28'h day of April, 28, 1998, the South Burlington Planning Commission approved preliminary and final plat applications of Amy Sylvester Averill for preliminary and final plat approval under Section 203 and 204 respectively of the South Burlington Subdivision regulations based on the following findings: 1. This project consists of the subdivision of a 19.65 acre lot (13.98 acres in South Burlington and 6.44 acres in Shelburne) into two (2) lots of 13.98 acres (lot #1) and 5.67 acres (lot #2). Lot #1 is developed with a single family dwelling. This property lies partially in South Burlington and partially in Shelburne. The new lot being created (lot #2) lies entirely within Shelburne. The City Attorney has ruled that we should treat this subdivision as if it was entirely within the City of South Burlington. This subdivision will be treated as a major subdivision because lot #2 has no road frontage. The sketch plan was reviewed on 3/24/98 . 2. This property located at 1985 Spear Street lies within the RI and R2 Districts. It is bounded on the north, west and south by residences and undeveloped land, and the east by residences and Spear Street. 3. Access: Access to lot #1 is provided by a curb cut on Spear Street. Access to lot #2 will be provided by a 20 foot r.o.w. across lot #1 since lot #2 has no road frontage. The metes and bounds information for the r.o.w. should be shown on the final plat. Both lots will share the same curb cut. 4. Lot size/frontage: Both lots meet the minimum lot size requirement of one (1) acre. 5. Lot #1 meets the lot frontage requirement of 170 feet. Lot #2 has no frontage. 6. Sewer: No additional sewer allocation needed. The proposed dwelling will be located in Shelburne. 7. Other: — the final plat plan should show any existing or proposed water lines serving either lot. K DECISION & CONDITIONS Based on the above Findings of Fact, the South Burlington Planning Commission approves the preliminary and final plat applications of Amy Sylvester Averill to subdivide a 19.65 acre parcel into two (2) lots of 13.98 acres and 5.67 acres, 1985 Spear Street, as depicted on a plat entitled, "Subdivision Map Alan & Diane Sylvester 1985 Spear Street South Burlington, Vermont 05403 Town of Shelburne and City of South Burlington," prepared by Brooks Land Surveying Inc., dated January 15, 1998, last revised on 4/15/98, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. The plat plan shall be revised to show the changes listed below and shall require approval of the City Planner. Three (3) copies of the approved revised plat plan shall be submitted to the City Planner prior to permit issuance. a) The final plat plan shall be revised to show any existing or proposed water lines serving either lot. b) The final plat plan shall be revised to include the metes and bounds information for the r.o.w. serving either lot. 3. Any change to the final plat plan shall require approval by the South Burlington Planning Commission. 4. The final plat plan shall be recorded in the land records within 90 days or this approval is null and void. The plan shall be signed by the Planning Commission 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, if possible. The format of the digital information shall require approval of the City Planner. Chairman or Clerk South Burlington Planning Commission Date 2