HomeMy WebLinkAboutAgenda 06_SD-19-31_793-907 Shelburne Rd Maplefields_2020-02-04_memo
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
TO: South Burlington Development Review Board
FROM: Marla Keene, Development Review Planner
SUBJECT: SD‐19‐31 793‐907 Shelburne Road Subdivision Application
DATE: February 4, 2020 Development Review Board meeting
In the Staff comments for the December 3, 2019 meeting, Staff notes indicated that the above‐referenced
project was not timely to be heard at the meeting because the timeframe between the completion of the
sketch plan meeting and submittal of a completed Preliminary/Final Plat application exceeded the maximum
allowable under the Land Development Regulations.
On December 3, 2019, the applicant requested the Board continue the meeting, which the Board did, to the
February 4, 2020 meeting. On January 24, 2020, the applicant submitted a letter stating their belief that no
subdivision is necessary for the proposed merger of two lots.
Without comment as to whether Staff agrees with the applicant’s position, even if the applicant’s statement is
correct that no subdivision hearing is necessary, the applicant must still merge the two lots by applying for a
Minor Lot Line Adjustment. Minor Lot Line Adjustments are subject to administrative review, and are only
allowed when the criteria of 15.19B are met, as follow:
(1) No new lots are created through the adjustment;
(2) The sale or exchange of parcels of land is between adjacent property owners;
(3) The relocation of the lot‐line does not result in the creation of a non‐conforming lot, structure or
use; and,
(4) The proposed change does not violate any conditions imposed from prior municipal approvals.
15.19C goes on to state the following:
Where there is uncertainty as to whether an application comprises a minor lot line adjustment, the
Administrative Officer may refer the application to the Development Review Board for review as a
subdivision of land.
Should the applicant submit an application for a Minor Lot Line Adjustment to the Administrative Officer, the
Administrative Officer will likely find pursuant to 15.19C that there is uncertainty as to whether the application
complies with 15.19B(3) above. If that is the case the Administrative Officer would then refer the application to
the DRB for review as a subdivision. Any subdivision application requires sketch plan review, thereby requiring
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the applicant to submit a sketch plan, which is the same course of action recommended in the Staff notes for
the December 3, 2019 meeting.
Staff communicated this information to the applicant, and the applicant elected to submit a sketch plan
application to merge the two lots on January 29, 2020. The sketch plan is scheduled to be reviewed by the
Board at their March 4, 2020. The Preliminary/Final Plat application may be heard at any meeting following the
Sketch Plan meeting.
Recommendation
Staff recommends the Board continue this final plat application to March 17, 2020, or later if the applicant
wishes, without hearing the proposal.