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Home My WebLink AboutMS-91-0000 - Decision - 0046 East TerracePLANNING COMISSION f !� r ql-C'UDCD OF SOUTH BURLTNGTON RE: APPUCATTONOF ART SHIELDS AND BILL SABILOSKr This matter came before the South Burlington Planning Commission pursuant to the provisions of Section 203 of the South Burlington Subdivision Regulations and Section 19.10 of the South Burlington Zoning Regulations can application of Art Shields and Bill Sabiloski, hereinafter "Applicants" for approval to construct a ,four (4) unit multi -family residential building on a 1.23 acre parcel of land located off East Terrace as depicted on a four (4) page set of plans, page one entitled "Eastview condominiums, South Burlington, Vermont, Site & 'Utilities Plan," prepared by Fitzpatrick -Llewellyn, Inc., and dated October, 1990. This application for preliminary plat approval was considered by the Planning Commission at public hearings on neoeAr,ber 4, 1990, January 8, 199i and January 15, 1991. Based on the evidence submitted a-r Liie 7tieet ngs and as part of the application, the Planning core aission hereby renders the following decision on this application: Findings of Fact 1. Ralph E. Deslauriers, Jr., and Christina D. and James A. Smullen are the record owners of the property which is the subject of this application. This property was purchased on September 26, 1984 from Evangeline S. Deslauriers. ?. The subject property is an irregularly shaped lot with 50 feet of frontage on the easterly side of East Terrace. The bulk of the subject property is located easterly of #48, 50, 52 and 54 East Terrace. The subject property is presently undeveloped and is bounded on the north, south and east by the Quarry Hill Club and to the west by single-family homes. This property is located in the R4 District with a small portion of the lot at the southerly end in the R7 District. 3. By their application, the Applicants seek approval to construct a four(4) unit multi -family residential building with associated parking, landscaping and utilities. 4. Access to the lot is via a 5V x 150' strip of land located between two (2) single-family homes which gives this lot 50 feet of frontage on East Terrace. This strip of land is part of the lot. Within this strip is proposed to be constructed a 24 foot wide paved roadway. - 1 - _- 1 NCItJ 1 :W : :2 r i 7 E L- t-V,I, t- t- - i - H' _ 00 5. The building coverage on the lot would be 12.1% (maximum allowed by ordinance is 20%). Overall coverage would be 20.7% (maximum allowed by ordinance is 40%). All setback requirements would be met. 6. This project requires 9 parking spaces and 9 spaces would be provided. Parking space size and aisle width requirements would be met. 7. The maximum landscaping requirement: for this project is $7,350 and this requirement met. S. The sewer allocation for this project would be 1800 gallons per day. This allocation can be accommodated by the City sewage system. 9. East Terrace is a cul-de-sac street. Section 401.1(7) of the current South Burlington Subdivision Regulations states in part that "the number of dwelling units served by a cul-de-sac ... shall not exceed 50." There are presently 70 dwelling units, more or less, on this street. 10. The 10t in question was once part of the Fiske Farm property which was purchased by Roland and Evangeline Deslauriers in 1952. The boundaries of the lot were formed as a result of the Deslauriers having conveyed, through several transactions, all of the surrounding property. The lot is bordered to the west and north by lots 5C-10C of the so --called Green Mountain Park Subdivision (platted in 1952), to the north, east, and south by the Cupola Golf Course/Quarry Hill property (conveyed by the Deslauriers in 1964); and to the south by lot 15 of the East Terrace Extension subdivision (conveyed in 1975). The lot was therefore created on July 21, 1975 when tha last of the surrounding properties (East Terrace Extension) was conveyed by the Deslauriers. 11. The City of South Burlington .first adopted subdivision regulations in 1958, which defined subdivision, in part, as "a division of any part, parcel, or area of land .,. into lots or parcels three or more in number." (Section 102). The 1975 sale of the East Terrace Extension property required subdivision approval, as this conveyance resulted in three lots having been created since subdivision regulations went into effect: i.e., the Cupola Golf Course property, the East Terrace Extension property, and the retained lot at issue here. 12. Prior to conveying the East Terrace Extension parcel, the Deslauriers obtained approval to subdivide that parcel into 17 individual, lots. However the lot retained by them was not included in the plat map which was approved for subdivision. Section 503 of the subdivision regulations then in effect required that the applicant show all existing property lines. - 2 - 1 , - . I i = _ � _ _ I 1 1 .._ C_ - -. r-_ H l' ` - __. - r- _ " Cotolusions 1. Section 401.1(7) of the current South Burlington Subdivision Regulations states in part that "the nurtiber of dwelling units served by a cul-de-sac ... shall not exceed 50." Fast Terrace presently serves 70 dwelling units. The Planning Commission concludes that the proposed development will not be in compliance with this section so therefore appxova? r-an not be granted. 2. The lot; which is the subject of this decision was created on July 21, 1975 with the sale of the adjacent East Terrace Extension. property. This cor,.°reyance required but did not obtain subdivision approval. The let must therefore obtain obtain subdivision approval before it can be developed. 3. Section 417(g) of the current South Burlington subdivision Regulations requires that the Planning Commission evaluate any proposed major subdivi_si(�t; according to the standard that this development "will not have an undue adverse effect on the scenic or natural beauty of the area, is aesthetically compatible with existing buildings and site characteristics ...". The Planning Commission concludes that a four (4) unit multi- family dwelling adjacent to existing single-family dwellings would be an inappropriate and incompatible use of the property. Decision Based upon the Findings of Fact and. 4onclusions, the Planning Commission makes the following decision: The Planning Commission hereby denies the Applicant's request for preliminary plat approval to construct a four (4) unit multi -family residential building for the following reasons: 1. The application does not meet the requirements of Section 401.1(7) of the South Burlington Subdivision Regulations. Four (4) dwelling units are being proposed on a cul-de-sac street (East Terrace) which presently exceeds by 20 units the maximum number of dwelling units allowed. 2. The lot on which the development is proposed is not a legal lot in that it has not obtained required subdivision approval. -- 3 - 1 M tIha 1 Z._ 24 ST Z T EL z> F*"C;E F. L_. . 3. The application does not meet the requirements of Section 417(g) of the south Burlington Subdivision Regulations. A four (4) unit nulti-family residential building would be inappropriate and incompatible with existing adjacent single- family dwellings, and therefore is not "aesthetically compatible with existing buildings" in the area. Dated at South Burlington, 1991. ChaYrman of Planang mn G:\SON015.dec Vermont, this 1,54 day of - 4 -