HomeMy WebLinkAboutSD-07-43 - Decision - 0150 Allen Road#SD-07-43
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
ALLEN ROAD LAND COMPANY -150 ALLEN ROAD
FINAL PLAT APPLICATION #SD-07-43
FINDINGS OF FACT AND DECISION
Allen Road Land Company, hereinafter referred to as the applicant, is seeking a building
height of 527' for Building A and 504" for Building B. The maximum height for buildings
with peaked roofs in South Burlington is 40'. The new request would be for height waivers
of 127' and 10'4" respectively, 150 Allen Road. The Development Review Board held
public hearings on Tuesday, August 7, 2007 and Tuesday, August 21, 2007. Michelle
Dufresne represented the applicant.
Based on testimony provided at the above mentioned public hearing and the plans and
supporting 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 is seeking to amend the final plat approval by requesting a change
in the height of two buildings. The Board previously granted a building height of
497' for Building A, and a height of 474" for Building B.
2. The applicant is now seeking a building height of 527' for Building A and 504"
for Building B. The maximum height for buildings with peaked roofs in South
Burlington is 40'. The new request would be for height waivers of 127' and 104"
respectively.
3. The owner of record of the subject property is Allen Road Land Company.
4. The subject property is located in the Residential 2 (R2) Zoning District.
5. The plans submitted consist of a two (2) page set of plans, page one (1) entitled,
"Farm Stand Condominiums 150 Allen Road South Burlington, VT. 05403 Front
Elevations Building A & B", prepared by Innovative Design, Inc., dated 1/25/06,
last revised on 7/6/07.
6. The Development Review Board heard the application at its meeting on August
7, 2007. The Board was split in a decision regarding the application, 3-2. As
there were not enough votes to constitute a decision, the application was
continued to August 21, 2007.
7. The final plat application for the property was last approved on April 10, 2007.
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8. Pursuant to Section 3.07(F)(2), for structures proposed to exceed the maximum
height for structures specified in Section 3.07(D) as part of a planned unit
development or master plan, the DRB may waive the requirements of this section
as long as the general objectives of applicable zoning district are met.
9. Section 3.07(F) of the South Burlington Land Development Regulations states that
a height waiver is warranted if the applicant demonstrates that the "proposed
building will not detract from important public scenic views from adjacent public
roadways." The previously approved height was below the tree line and both the
Staff and the Board agreed that the height of the building did not obstruct any
important public scenic view from an adjacent public roadway. The applicant stated
at the last hearing that the proposed buildings will remain below the average tree
line as viewed from the public rights -of -way. The Board does not find that the
proposed building will obstruct any public scenic view and recommends approval of
the height waiver.
I �7xi���C�7Jl
Motion by Gavle Quimby, seconded by Roger Farley, to approve Final Plat Application
#SD-07-43 of Allen Road Land Company, subject to the following conditions.
1. All previous approvals and stipulations shall remain in full effect, except as
amended herein.
2. This project shall be completed as shown on the plat submitted by the applicant,
and on file in the South Burlington Department of Planning & Zoning.
3. The Board approves a maximum height of 527' for building A and 504" for
building B.
4. Any changes to the final plat plans shall require approval of the South Burlington
Development Review Board.
5. An additional $10,000 in landscaping shall be provided to add appropriate
screening to close gaps to be approved by Staff and the City Arborist. Three (3)
copies of the revised plans shall be submitted prior to permit issuance.
Mark Behr — yea/nay/abstain/not present
Matthew Birmingham — yga/nay/abstain/not present
John Dinklage — y2a/nay/abstain/not present
Roger Farley — y2a/nay/abstain/not present
Eric Knudsen — yea/flay/abstain/not present
Peter Plumeau — yga/nay/abstain/not present
Gayle Quimby — yea/Day/abstain/not present
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Motion carried by a vote of 4-2-0.
Signed this ,Nday of 6U-cA--- 2007, by
John Dinklage, Chair
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this
decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to
challenge this decision at some future time may be lost because you waited too long.
You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy;
finality).
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