HomeMy WebLinkAboutSD-92-0000 - Decision - 0001 0005 0007 0009 Executive DriveFINDINGS OF FACT & DECISION
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STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application of Harold and Eleanor Bensen
for subdivision of a 3.63 acre parcel containing a planned
commercial development consisting of two (2) commercial buildings
and 16 residential units into two (2) lots of 1.42 acres
(commercial buildings) and 2.21 acres (residential buildings), 1
Executive Drive.
On the 24th of March 1992, the South Burlington Planning
Commission approved the -request of Harold and Eleanor Bensen
for final plat approval under Section 204 of the South Burlington
Subdivision Regulations based on the following findings:
1. Harold and Eleanor Bensen propose to subdivide a 3.63 acre
parcel into two parcels of 2.21 and 1.42 acres. The parcel
contains 1.6 residential units in 3 buildings (rear of property)
and two commercial structures (front portion of parcel near
Patchen Road). The subdivision would create a residential lot
(2.21 acres) and a commercial lot (1.42 acres). Mr. Bensen plans
to convert the existing rentals to condominium ownership.
Preliminary plat approval was granted on July 9, 1991.
2. The parcel is zoned C-1. It is bounded on the north by
Jaycee Park, on the west and south by commercial uses, and to the
east by Patchen Road.
3. Access; Access would remain as is from the 25 foot wide
private drive off Patchen Road. The applicant proposes an access
easement over the commercial lot to maintain access for the
residential lot. This easement is shown on the plat.
4. Minimum lot size: The commercial lot meets the minimum lot
size for this zone. The residential lot does not meet the
minimum lot size of 4 acres for residential uses in the C-1 zone.
A variance was granted by the Zoning Board on 3/26/84 to allow
the construction of 16 units on the 3.7 acre parcel.
5. Setback: The required setbacks are met from the proposed
new property line. The existing commercial building on Patchen
Road does not meet front yard setback requirements, however, this
is an existing condition and is not a result of the proposed
subdivision.
6. Coverage: Coverage requirements are met for both parcels.
7. Landscaping: The applicant has expressed a willingness to
replace dead landscaping and install new landscaping as outlined
in a letter from Four Seasons dated 6/19/91. The applicant
should post a 3-year bond to cover the new landscaping prior to
recording. "Phis was a requirement of the preliminary plat
approval. The value of these plantings is $2,600.
Pedestrian easement: A pedestrian easement on lot 1 which allows
employees of businesses on lot 2 to walk over lot 1 to access the
bank and post office is shown on the final plat as required at
preliminary plat approval. The legal document granting this
easement has been reviewed and approved by the City Attorney.
This document must be recorded prior to recording of final plat.
Other: A legal document which clarifies that the uses on lot 1
and 2 were originally created as a planned commercial development.
and that any subsequent review and approvals by the Planning
Commission will take into account the entire 3.63 acre PCD and
uses thereon has been reviewed and approved by the City Attorney.
This &,)c-timent must be recorded prior to recording of final plat.
The legal document which incorporates the pedestrian easement and
the clarification of the uses has been reviewed by the City
Attorney. He recommends that the title of the document be
changed to read "Notice of Conditions of Subdivision Approval".
DECISION & CONDITIONS
Based on the above Findings of Fact, the South Burlington
Planning Commission approves the final plat application of Harold
and Eleanor Bensen for subdivision of a 3.63 acre parcel
containing a planned commercial development consisting of two (2)
commercial buildings and 16 residential units into two (2) lots
of 1.42 acres (commercial buildings) and 2.21. acres (residential
building) as depicted on a 2 page set of plans, page one
entitled, "Plat of Subdivision of Lands of Harold B. & Eleanor B.
Bensen, Patchen Road, South Burlington, Vermont", prepared by
A.W. Harris & Associates, and dated 10/23/91, last revised
12/11/91, with, the following stipulations:
I. All previous approvals and stipulations which are not
superseded by this approval shall remain in effect.
2. As expressly represented and agreed to by the applicant, the
applicant shall replace dead landscaping and install new
landscaping in accordance with the recommendations contained in
the letter by Scott Tower of 4 Seasons dated June 19, 1991. The
applicant shall complete said landscaping improvements in the
1992 landscaping season and shall do so prior to the sale of
either lot. The applicant shall post a $2,600, 3-year
landscaping bond prior to recording the final plat plans.
3. Prior to recording the final plat plans, the applicant shall
revise the title of the document entitled "Notice of Conditions
of Subdivision Agreement" to "Notice of Conditions of Subdivision
Approval" and record such document in the land records.
4. The final plat plan shall be recorded in the South Burlington
land records within 90 days or this approval is null and void.
The plans shall be signed by the Planning Commission Chair or
Clerk prior to recording.
ChailrmaAo T -'3 C �el
South Burlington Planning Commission