HomeMy WebLinkAboutSD-95-0000 - Decision - 1001 Dorset StreetFINDINGS OF FACT & DECISION
STATE OF VERMONT O
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application of David DuBrul to 1) subdivide
a 4.76 acre parcel into seven (7) lots ranging in size from 19,002
square feet to 69,630 square feet, and 2) adding one (1) dwelling
unit to a two family dwelling on lot #6 to create a 3 unit multi-
family dwelling, 1001 Dorset Street.
On the 13th day of June, 1995, the South Burlington Planning
Commission approved the request of David DuBrul for preliminary
plat approval under Section 203 of the South Burlington Subdivision
Regulations based on the following findings:
1. This project consists of: 1) subdividing a 4.76 acre parcel
into seven (7) lots ranging in size from 19,002 square feet to
69,630 square feet, and 2) adding one (1) dwelling unit to a two
family dwelling on lot #6 to create a multi -family dwelling. The
preliminary plat for this subdivision was approved on 4/26/94 and
due to some significant changes to the lots a sketch plan review on
the changes was held on 1/24/95.
2. This property located at 1001 Dorset Street lies within the R2
District. It is bounded on the north by the Indian Creek entrance
drive and a single family home, on the west by Ridgewood Estates
and Indian Creek, on the south by a synagogue, and on the east by
Dorset Street.
3. 7-Lot Subdivision:
Access: Access to lot #1 and 2 will be via a 24 foot curb cut on
the Indian Creek access drive, access to lots #3, 4, 5 and one (1)
dwelling unit on lot #6 will be via a 24 foot curb cut on Dorset
Street and access to lots #6 and 7 will be via a 24 foot curb cut
on Dorset Street. Applicant does not currently have access to lots
#1 and 2 across Indian Creek Drive and can not develop these lots
until the access issue to these lots is resolved as determined by
the City Planner (condition #13 of the 4/26/94 preliminary plat
approval). Indian Creek should grant a r.o.w. easement for lots #1
and 2.
4. The final plat should show the easements for the shared
accesses including the metes and bounds information.
5. Lot size/frontage: The minimum lot size in this district for
single family homes is 19,000 square feet with 100 feet of
frontage. The minimum lot size for a two family dwelling is 22,000
square feet which is met by lots #4, 5 and 7. The minimum lot size
for a three (3) unit multi -family dwelling is 1.5 acres with 17-
feet of frontage. These minimum requirements are being met.
6. Density: The maximum density allowed is 10 units based upon an
earlier determination by the Planning Commission. Five (5) of the
lots are proposed to be developed with single family dwellings and
one (1) with a duplex. The applicant is adding a third unit to lot
#6.
7. Sidewalk: The construction of a sidewalk was a requirement of
the preliminary plat approval (condition #12 of the 4/26/94
preliminary plat approval). Both the applicant and Public Works
Director recommended that the applicant pay a sidewalk fee to the
City ($15 per foot of frontage) and the City will build the
sidewalk.
8. Wetland: This site contains a class III wetland which is shown
on the plan with buffer strips. This wetland is not shown on the
official wetlands map and is therefore not considered a protected
wetland under the C.O. District. No construction, fill, removal of
vegetation or mowing of grass should be allowed within the wetland
or buffer strip. The preliminary plat should show the limits of
the C.O. District for the minor stream. All structures must be
kept out of this area.
9. The applicant as part of the 4/26/94 preliminary plat approval
was required to submit a "Notice of Condition" for review by the
City Attorney which will require the deeds for lots #1 and #3 -7 to
contain a provision prohibiting any construction, fill, removal of
vegetation or mowing of grass within the wetland and buffer strip.
This "Notice of Condition" should be recorded prior to recording
the final plat.
10. Sewer: The sewer allocation requested is 4895 gpd. The
applicant will be required to pay the per gallon fee prior to
permit issuance.
11. Landscaping: The applicant is proposing 19 Maple trees along
the property's frontage with an estimated value of $6600.
12. Legal documents: In addition to the "Notice of Condition",
the applicant should submit for review and approval by the City
Attorney the legal documents for the widening of Dorset Street
(i.e. irrevocable offer of dedication) and easements (e.g., utility
easement and sidewalk easement).
13. Impact fees: The applicant was made aware that this
development will be subject to road, school and recreation impact
fees as required by the South Burlington Impact Fee Ordinance.
14. Multi -family dwelling on lot #6:
This development request also includes site plan review to convert
a two (2) family dwelling to a three (3) unit multi -family
dwelling. The additional dwelling unit will be added by
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constructing a breezeway between the main building and a detached
garage and converting a portion of the garage to a dwelling unit.
The following comments pertain only to lot #6.
15. Access/circulation: Access to two (2) of the units will be
via a shared access with lot #7 and the other dwelling unit's
access will be via a shared access across lot #5.
Circulation is adequate.
16. Coverage/setbacks: Building coverage is 7.2% (maximum allowed
is 20%). Overall coverage is 13% (maximum allowed is 40%). The
structure being converted does not meet the front setback
requirement and is therefore a non -complying structure subject to
Section 26.002 of the zoning regulations. The ZBA previously
granted a variance to allow this structure to be expanded beyond
the 35% maximum allowed.
17. Parking: A total of six (6) parking spaces is required and
six (6) spaces including two (2) handicapped spaces are being
provided. A bike rack is being provided as required under Section
26.253(b) of the zoning regulations.
18. Landscaping: The minimum landscaping requirement, based on
building costs, is $900 which is not being met. The final plat
plans should include a landscaping plan for the lot which meets the
minimum requirement. A planting schedule should also be included.
19. Lighting: Exterior lighting details indicate that fixtures
will not be downcasting and shielded. Applicant should submit
details of alternate fixtures prior to final plat which meet this
requirement.
DECISION & CONDITIONS
Based on the above Findings of Fact, the South Burlington Planning
Commission approves the preliminary plat application of David
DuBrul to subdivide a 4.76 acre parcel into seven (7) lots ranging
in size from 19,002 square feet to 69,630 square feet, and 2)
adding one (1) dwelling unit to a two family dwelling on lot #6 to
create a 3 unit multi -family dwelling, 1001 Dorset Street, as
depicted on an eight (8) page set of plans, page 2 entitled
"Preliminary Plat Seven Lot Subdivision, Olde Dorset, Owned by:
David DuBrul, 1001 Dorset Street, So. Burlington, Vermont" prepared
by Vermont Land Surveyors, dated August 5, 1990, last revised
12/21/94, with the following stipulations:
1. All previous approvals and stipulations which are not
superseded by this approval shall remain in effect.
2. Prior to issuance of any zoning permits, the applicant shall
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post a $6,600 landscape bond to cover the installation cost and
value of all subdivision related landscaping. Prior to the
issuance of a zoning permit to convert the two (2) family dwelling
to a three (3) unit multi -family, the applicant shall post a $900
landscape bond. The bonds shall remain in effect for three (3)
years to assure that the planted landscaping has taken root and has
a good chance of surviving.
3. Legal documents for the widening of Dorset Street (i.e.
irrevocable offer of dedication) and easements (e.g., utility
easement) shall be submitted to the City Attorney for approval and
shall be recorded in the South Burlington land records prior to
issuance of a zoning permit for lots 1 - 5 and 7.
4. A bond for the sewer line shall be posted prior to issuance of
a zoning permit. The amount of the bond shall be approved by the
City Engineer.
5. The Planning Commission approves a total sewer allocation of
4895 gpd. The per gallon sewer fee, shall be paid prior to
issuance of a zoning permit on a per bedroom basis.
6. In accordance with Section 301.5 of the subdivision
regulations, within 14 days of completion of required improvements
(e.g., sanitary sewers), the developer shall submit to the City
Engineer "as -built" construction drawings certified by a registered
engineer.
7. Prior to final plat submittal, the subdivision plat shall be
revised to show the following:
a) metes and bounds for the shared driveways/r.o.w.'s.
8. Prior to final plat submittal, the engineering plans shall be
revised to show the following:
a) The limits of the C.O. District for the minor stream.
b) Landscaping, with a minimum value of $900, on lot #6 which
shall include a planting schedule.
c) Alternate lighting details which include downcasting and
shielded fixtures.
d) A typical section for drives with parking areas.
e) Revise project description to indicate that the existing
two (2) family dwelling will be converted to a three (3) unit
multi -family dwelling.
f) A note added to indicate that the front yard setback along
Dorset Street is measured from the edge of the planned r.o.w.
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9. There shall be no construction, fill, removal of vegetation or
mowing of grass within the wetland area or buffer strip as shown on
the approved plat with the exception of constructing and
maintaining the sewer line as shown on the approved plat.
10. The applicant shall submit a "Notice of Conditions" for review
and approval by the City Attorney which will require the deeds to
lots #1 and lots #3 - 7 to contain a provision prohibiting any
construction, fill, removal of vegetation or mowing of grass within
the wetland area and buffer strip. This document shall also
require that the deeds for lots #5, 6 and 7 allow the City access
over them to access manholes 1 and 2 for maintenance.
11. No zoning permit for land development shall be issued for lots
#1 and 2 until such time as an access easement is granted to the
applicant for use of Indian Creek Drive to access lots #1 and #2.
12. Drainage pipe shall be plastic or concrete not metal.
13. Manholes shall be installed on a base of crushed stone.
14. As expressly represented by the applicant, the applicant shall
fulfill the obligation to construct a sidewalk along the Dorset
Street frontage pursuant to Sections 301 and 401.1(1) of the South
Burlington Subdivision Regulations by paying to the City the sum of
$11,160 ($15 per foot of frontage) on or before one year from the
date of final plat approval which funds shall be used by the City
to construct sidewalk improvements along Dorset Street within one
year of receipt of the funds. If City fails to construct such
sidewalk improvements within one year, the funds shall be returned
to the then property owners.
15. The final plat plans shall be submitted within 12 months or
this approval is null and void.
Chairman or Clerk
South Burlington Planning Commission
7111A-
Date
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