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HomeMy WebLinkAboutMS-06-10 - Decision - 0080 Midas Drive#MS-06-10 CITY OF SOUTH BURLINGTON DEPARI`MENT OF PLANNING AND ZONING EIGHTY MIDAS DRIVE, LLC — 80 MIDAS DRIVE MISCELLANEOUS APPLICATION #MS-06-10 FINDINGS OF FACT AND DECISION Eighty Midas Drive, LLC, hereinafter referred to as the applicant, is seeking to amend a previously approved plan for an 8,480 sq. ft. general office building including a drive-in bank. The amendment consists of eliminating the screened "fence" on the building's roof, 80 Midas Drive. The Development Review Board held a public meeting on November 21, 2006. Tom Crapo 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 a previously approved plan for an 8,480 sq. ft. general office building including a drive-in bank. The amendment consists of eliminating the screened "fence" on the building's roof, 80 Midas Drive. 2. The owner of record of the subject property is Eighty Midas Drive, LLC. 3. The subject property is located in the Commercial 1-Residential 12 (C1-R12) Zoning District. 4. The plan submitted consists of an air photo of the general area indicating an outline are within which a person cannot see the roof top units, with a stamped received date of 10/02/06. 5. The applicant originally proposed a screened fence on the rooftop to shield the rooftop equipment. The Development Review Board approved the elevations with this rooftop screening. The applicant has since built the new building and is now seeking to eliminate the fencing. Planning staff has visited the site to view the building without the screening. Although the applicant states that the new HVAC units are smaller than originally planned, staff found that they were highly visible from the heavily traveled Williston Road and from the neighboring shopping center. #MS-06-10 Ira #MS-06-10 6. The applicant has submitted a sketch which shows the area within which a person can or cannot see the rooftop equipment. The Board finds the sketch to be truthful in accordance with their site visit. However, as already noted, the rooftop equipment is still visible from Williston Road and the neighboring shopping center, both existing public rights -of -way. Furthermore, the rooftop equipment will be visible from the planned city street which is proposed to enter the future city center area. Staff, the Board, and the applicant discussed the importance of this planned street at the original hearings on this application. This planned city street is intended to be one of the gateways to the new city center area. The building has been designed to present a four-sided view for this purpose. Eliminating the screening and allowing the view of the aesthetically displeasing rooftop equipment defeats this goal. -3- #MS-06-10 DECISION Motion by (A c� Oulw4vseconded by b6 F�I�Gr to approve Mis ellaneous Appli ation #MS-06-10 of Eighty Midas Drive, LL . Mark Behr —yea n)aYabstain/no f present Matthew Birmingham - yea/abstain/not present John Dinklage — yea na /abstain/not present Roger Farley — yea n /abstain/not present Eric Knudsen — yea n /abstain/not present Peter Plumeau — yea/ /abstain/not present Gayle Quimby — yea /abstain/not present Motion failed by a vote of b -1- 0 . This request is hereby denied. Signed this day of �7/l LR 2006, 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). _d_