HomeMy WebLinkAboutSD-09-14 - Decision - 0044 Country Club Drive#SD-09-14
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
TERRY AND BETHANY LIEBERMAN- 44 COUNTRY CLUB DRIVE
FINAL PLAT APPLICATION #SD-09-14
FINDINGS OF FACT AND DECISION
Final Plat application #SD-09-14 of Terry and Bethany Lieberman for a (2) lot
subdivision to subdivide off a 0.028 acre parcel from a 271 acre parcel to be added to 44
Country Club Drive, 102 Ethan Allen Drive,
The Development Review Board held a public hearing on April 7th, 2009. Terry
Lieberman 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 applicant is seeking approval for a (2) lot subdivision to subdivide off a 0.028 acre
parcel from a 271 acre parcel to be added to 44 Country Club Drive, 102 Ethan Allen
Drive.
2. The owner of record of the subject property is John and Joyce Belter.
3. The application was received on March 3, 2009.
4. The subject property is located in the Residential 4 Zoning District.
5. The plan submitted is entitled, "Terry & Bethany Lieberman, City of South Burlington
Vermont 44 Country Club Drive," prepared by William Robenstein, dated 2/24/09.
6. The primary goal of the application is to allow a greater distance from the house to the
side setback for the property at 44 Country Club Road. As it exists today, the home was
built too close to the existing property line. Furthermore, this application will be a step
towards remedying a previous infringement where fill was placed off the property without
the consent of the abutting property owner.
7. This is a minor property line adjustment and results in no substantial change to
coverages, lot sizes, or other dimensional requirements that would create non-
compliance as regulated in the South Burlington Land Development Regulations. The
action indeed accomplishes the opposite.
8. A standard subdivision generally requires a full survey of the properties involved. The
larger property, addressed as Ethan Allen Drive, is a very large agricultural property. A
complete survey would likely be expensive, extensive, and unnecessary as a result of
this application. The Board will waive this requirement.
I:\Development Review Boa rd\Findings_Decisions\2009\Lieberman\Lieberm an_SD0914_ffd.doc
#SD-09-14
DECISION
Motion by QqpWk , seconded by G��ALZZ
to approve Final Plat Application SD-09-14 of Terry and Bethany Lieberma , subject to
the following conditions:
1. All previous approvals and stipulations shall remain in full effect except as amended
herein.
2. This project shall be completed as shown on the plat submitted by the applicant and
on file in the South Burlington Department of Planning and Zoning.
3. The Board grants a waiver of the requirement for a full property survey of the 271 acre
parcel at 102 Ethan Allen Drive.
4. Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
5. 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 a copy of the
survey plat in digital format. The format of the digital information shall require approval of
the Director of Planning and Zoning.
Mark Behr —Qnay/abstain/not present
Matthew Birmingham — e ay/abstain/not present
John Dinklage — yea/nay abstain of presen
Roger Farley — ea nay/abstain/not presen
Eric Knudsen — yea/nay/abstain of present
Peter Plumeauea/nay/abstaiof present t
Gayle Quimby�yye nay/abstain/no pDresen
Motion carried by a vote of
Z�L--d—ay Si ned this b9 r, 2009 , Y
John Dinklage, Chairman
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRECP 5 in writing, within 30 days of the date this
decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to
challenge this decision at some future time may be lost because you waited too long.
You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy;
finality).
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PADevelopment Review Boa rd\Find ings_Decisions\2009\Lieberman\Lieberman SD0914 ffd.doc