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HomeMy WebLinkAboutSD-96-0000 - Decision - 0635 Hinesburg Road (2)STATE OF VERMONT COUNTY OF CHITTENDEN r C/ CITY OF SOUTH BURLINGTON DECISION AND FINDING OF FACT On the 13th day of May, 1996 the South Burlington Zoning Board of Adjustment heard testimony regarding a variance application of Daniel O'Brien, O'Brien Bros. Agency, 635 Hinesburg Road. Also attending this hearing was Patrick O'Brien. Based upon the testimony provided at the above mentioned public hearing and the documents submitted to the Zoning Board of Adjustment which are contained within the "document file" for this application, the Zoning Board finds, concludes, and decides as follows: Findings of Fact 1) The area in question is zoned Residential 7 District. 2) Section 25.00 provides for a density of seven units per acre. 3) The lot contains 7.2 acres with a density of seventy six (76) elderly housing units. A variance for this development was granted on 16 December 1976. 4) On April 23, 1990 a variance was granted permitting an additional fifty (50) units of elderly housing. This permit and approvals will expire on June 10, 1996. 5) The new proposal reduces the density to thirty-two (32) units, these units will be marketed to the elderly but not limited to the elderly. Conclusion 1) The original development was market as an elderly housing project funded by H.U.D. Section 8 Program. 2) Presently federally funded programs have ceased with no new funding available. 3) The applicant is permitted to develop an additional fifty (50) units, this proposal is a reduction of eighteen (18) units which should have a lesser impact on municipal facilities. 4) The applicant has diligently pursued this project since 1990 with full intention of building it. 1 5) The improvements to the site are completed providing for a single access, sidewalks to adjoining properties and a deceleration lane. Additional sewer, water and drainage must be installed to the proposed units. 6) The variance will not adversely effect or impair the use of adjacent proeprty, but will simply utilize resources that have long been planned and anticipated. 7) There is no deviation in use from the zoning ordinance, only a deviation in density. 8) Country Park apartments, 76 units of elderly housing should be compatible to the type of rental units being proposed. Based upon the findings and conclusion set -forth above, the Zoning Board of Adjustment hereb ra s the applicants request to construct an additional t rty (3 u i located at Country Park, 635 Hinesburg Road. eems / chairman, South Burlington Zoning Board of Adjustment E