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HomeMy WebLinkAboutAD-18-04 - Decision - 0020 0022 Kimball Avenue#AD-18-04 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING ALAN PALMER 20-22 KIMBALL AVENUE MINOR LOT LINE ADJUSTMENT APPLICATION #AD-18-04 FINDINGS OF FACT AND DECISION Minor Lot Line Adjustment application #AD-18-04 of Alan Palmer, hereinafter referred to as the applicant, to create three (3) footprint lots, 20 and 22 Kimball Avenue. Based on the plans and materials contained in the document file for this application, the Administrative Officer finds, concludes, and decides the following: FINDINGS OF FACT 1. The applicant is seeking approval to create three (3) footprint lots, 20 and 22 Kimball Avenue. 2. The owner of record of the subject properties is Alan Palmer. 3. The subject property is located in the Commercial 1- Limited Retail zoning district. 4. The application was received on September 5, 2018. 5. The plat submitted is entitled, "Kimball Commons Planned Community, 20 &22 Kimball Avenue, South Burlington, Vermont", prepared by Button Professional Land Surveyors, dated 2/21/18, with revisions of 8/30/18 and 9/5/18. 6. The subject property consists of one 1.9 acre lot. The proposal is to create three (3) `footprint' lots, with the line drawn as shown, of approximately 0.14, 0.21, and 1.52 acres. Dimensional Standards: The applicant proposes to create three (3) footprint lot lines: 1) around the residential portion of the structure previously approved as part of a PUD, 2) around the commercial portion of the structure, and 3) for the remainder of the lot. This action would create non -conforming lots (being of insufficient individual size, having zero setbacks in between each unit on a lot, and not meeting maximum building or lot coverage requirements) and therefore will not be considered individual lots for the LDRs. For purposes of the LDRs, the three footprint lots included in this proposal shall be considered one lot as approved previously. The applicant will be required to record a "Notice of Condition" to this effect which has been approved by the City Attorney prior to recording the final plat plan. DECISION Based on the above Findings of Fact, the Administrative Officer herby approves Minor Lot Line Adjustment Application #AD-18-04 of Alan Palmer, to create three (3) footprint lots at 20 and 22 Kimball Avenue, subject to the following conditions: #AD-18-04 1. All previous municipal approvals and stipulations which are not superseded by this approval will remain in effect. 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. For purposes of the LDRs, the lots included in this subdivision shall be considered one (1) lot as approved previously. The applicants shall record a "Notice of Condition" to this effect which has been approved by the City Attorney prior to recording the final plat plan. 4. A digital file consisting of an ArcGIS or AutoCAD formatted file of the proposed subdivision, including property lines, easements, and rights of way, either georeferenced or shown in relation to four easily identifiable fixed points such as manholes, utility poles or hydrants, must be provided to the Administrative Officer before recording the final plat plan. 5. A digital PDF version of the full set of approved final plans shall be delivered to the Administrative Officer before recording the final plat plan. The final plat plan must be recorded in the land records within 180 days or this approval is null and void. The plan must be signed by the Administrative Officer prior to recording. 7. Any change to the plat plan will require approval by the South Burlington Development Review Board or the Administrative Officer. Signed on this 25 day of September , 2018 by i Marla Keene, Acting Administrative Officer PLEASE NOTE: Pursuant to 24 VSA §4465, an interested person may appeal this decision by filing a Notice of Appeal with the secretary of the Development Review Board. This Notice of Appeal must be accompanied with a $233 filing fee and be filed within 15 days of the date of this decision. 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. 2