HomeMy WebLinkAboutSD-17-13 - Decision - 0155 Highland TerraceCITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
JOSEF LAVANWAY-1440 HINESBURG ROAD
PRELIMINARY & FINAL PLAT APPLICATION #SD-17-13
FINDINGS OF FACT AND DECISION
Preliminary & final plat application #SD-17-13 of Josef Lavanway to subdivide a 1.23 acre parcel
developed with a single family dwelling into two (2) lots consisting of: 1) a 0.86 acre lot with the existing
house (lot #1), and 2) a 0.37 acre lot (lot #2) with a proposed single family dwelling, 1440 Hinesburg
Road.
The Development Review Board held a public hearing on June 20, 2017. The applicant represented
himself.
Based on the plans and 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, Josef Lavanway, seeks to subdivide a 1.23 acre parcel developed with a single family
dwelling into two (2) lots consisting of: 1) a 0.86 acre lot with the existing house (lot #1), and 2) a
0.37 acre lot (lot #2) with a proposed single family dwelling, 1440 Hinesburg Road.
2. The owner of record of the subject property is the Judith Lavanway Living Trust.
3. The application was received on May 5, 2017.
4. The property lies within the SEQ-Neighborhood Residential Zoning District.
5. The plan set submitted consists of three (3) pages titled "Site and Utility Plan", "Site and Utility
Details," and "Judith Lavanway Living Trust Two -Lot Survey Plat" prepared by Lamoureux and
Dickinson Consulting Engineers, Inc., and dated 5-3-2017.
A. Density
The SEQ-NR district allows a base density of 1.2 units per acre and a density of four (4) units per acre
with Transfer of Development Rights. The existing parcel allows for a maximum density of four (4) units
(1.23 x 4=4.92 rounded down to the nearest whole unit) with TDRs. The applicant has proposed two (2)
units (one existing single family and one (1) new single family), which is within the density calculation for
this parcel with the use of one (1) TDR. The applicant has indicated a TDR will be purchased for this
project and has provided documentation. Documentation of the TDR has also been recorded in the City
of South Burlington Land Records.
B. Access
Access to Lot 1 from Hinesburg Road is provided by an existing driveway. Access to Lot 2 will be
provided from Highland Terrace via a driveway.
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C. Building Orientation and Design
Section 9.08 of the SBLDR lays out particular standards related to the orientation of housing, mix of
housing styles, setbacks, and parking/garages. The Board finds that the proposed home will be oriented
to the street. No garage is proposed.
The LDRs state that buildings "should be set back a maximum of 25 feet from the sidewalk in this
zoning district and that a "close relationship between the building and the street is critical to the
ambiance of the street environment." The house is set back 25 feet from the front lot line. The Board
finds that this is in keeping with the regulations.
D. Lot Ratios
Section 9.08.A.4 states that lots "shall maintain a minimum lot width to depth ratio of 1:2, with a ratio of
1:2.5 to 1:5 recommended." The existing lot has a ratio of approximately 1:3.8 and therefore meets the
minimum lot width to depth ratio. Lot 1 is proposed to have a ratio of approximately 1:2.3 and Lot 2 of
1:2. The Board finds that the ratio of both lots is acceptable.
E. Stormwater Comments
No comments were submitted from the Stormwater Section.
F. Fire
No comments were submitted from the Fire Department.
G. Energy Standards
The Board notes that all new buildings are subject to the Stretch Energy Code pursuant to Section 3.15:
Residential and Commercial Building Energy Standards of the LDRs.
DECISION
Moved by Matt Cota, seconded by John Wilking, to approve preliminary and final plat application #SD-
17-13 of Josef Lavanway, subject to the following conditions:
1. All previous approvals and stipulations will remain in full effect except as amended herein.
2. This project must 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 mylar must be recorded prior to any zoning permit issuance.
4. The applicant must receive final wastewater and water allocations prior to issuance of a zoning permit.
5. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services,
and service modifications must be underground.
6. The final plat submittal must include E911 addresses for the new structure in the proposed project, in
conformance with local ordinances and Vermont E911 addressing standards.
7. Any change to the final plat will require approval by the South Burlington Development Review
Board or Administrative Officer.
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8. The applicant must submit to the Administrative Officer a final set of the project plan as approved in
digital (PDF) format.
9. The final plat plan (Subdivision Plat) must be recorded in the land records within 180 days or this
approval is null and void. The plat must be signed by the Board Chair or Clerk prior to recording.
Prior to recording the final plat plan, the applicant must submit a copy of the survey plat in digital
format. The format of the digital information will require approval of the South Burlington GIS
Coordinator.
Mark Behr
Yea
Nay
Abstain
Not Present
Matt Cota
Yea
Nay
Abstain
Not Present
Frank Kochman
Yea
Nay
Abstain
Not Present
Bill Miller
Yea
Nay
Abstain
Not Present
David Parsons
Yea
Nay
Abstain
Not Present
Jennifer Smith
Yea
Nay
Abstain
Not Present
John Wilking
Yea
Nay
Abstain
Not Present
Motion carried by a vote of 7 -0 - 0. _
Signed this 21 day of June 2017, by
Bill Miller, Chair
Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this
decision, a notice of appeal and the required fee by certified mail to the Superior Court, Environmental
Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be mailed to the City of South
Burlington Planning and Zoning Department at 575 Dorset Street, South Burlington, VT 05403. See
V.R.E.C.P. 5(b) (4)(A). Please contact the Environmental Division at 802-828-1660 or
http://vermontjudiciary.org/GTC/environmental/default.aspx for more information on filing
requirements, deadlines, fees and mailing address.
The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits
for this project. Call 802.477.2241 to speak with the regional Permit Specialist.
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