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HomeMy WebLinkAboutSP-01-53 - Decision - 0600 Swift Street#S P-01-53 FINDINGS OF FACT & DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, site plan application #SP-or-53 of the Dorset Park Skating Association, Inc. to amend a previously approved plan for a 30,000 sq. ft. ice skating rink at Dorset Park. The amendment consists of requesting relief from condition five (5) of the Director of Planning & Zoning's Decision & Conditions dated April 24, zoos, i000 Dorset Street. On the 4th day of September zoos, the South Burlington Development Review Board denied the request of Dorset Park Skating Association to amend a previously approved site plan under Section 26.io of the South Burlington Zoning Regulations based on the following findings: i. The owner of record of this property is the City of South Burlington. z. The applicant requested relief from the following requirements of the Director of Planning & Zoning's April 24, zooi Decision & Conditions. 3. "The applicant shall post a landscaping bond of at least $30,50o for street trees prior to issuance of a zoning permit. This bond shall remain in effect for three (3) years to ensure that the landscaping has taken root and has a good chance of surviving." 4. Staff did not support granting this request because if the landscaping does not survive, the burden of replacing the landscaping will be placed on the City. DECISION Based on the above Findings of Fact, the South Burlington Development Review Board hereby denies the request of Dorset Park Skating Association for relief from condition #5 of the Director of Planning & Zoning's Decision & Conditions dated April 24, zooi, i000 Dorset Street. Dated at South Burlington, Vermont this AAday of September zooi.. Page #z Chair/64erk' South Burlin, Date Development Review B Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 V.S.A. 4471 and V.R.C.P. 76, in writing, within 3o days of the date this decision is issued. The fee is $i5o.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 V.S.A. 4472 W (exclusivity of remedy finality.