HomeMy WebLinkAboutCU-03-18 - Decision - 0977 Shelburne RoadCITY of SOUTH BURLINGTON
DEPARTMENT of PLANNING & ZONING
JOLLEY ASSOCIATES
CONDITIONAL USE APPLICATION #CU-03-18
FINDINGS of FACT AND DECISION
Jolley Associates, hereafter referred to as the applicant, is requesting Conditional Use
approval to place a 5' x 7' shed on the property, which will contain a groundwater
filtration system, to remain on the property for a few years, 977 Shelburne Road. The
subject property contains approximately 1.74 acres and is located in the Commercial 1
(C 1) District. The South Burlington Development Review Board held a public hearing on
January 6, 2004.
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 requesting Conditional Use approval to place a 5' x 7' shed on the
property, which will contain a groundwater filtration system, to remain on the property
for a few years, 977 Shelburne Road.
2. The owner of record is Jolley Associates.
3. The subject property contains approximately 1.74 acres and is located in the
Commercial 1 (Cl) District.
4. The plans consist of one (1) sheet entitled "Re -Mediation Shed — Shelburne Road —
South Burlington, Vermont", prepared by Schreib Engineering Associates on November
6, 2002 and last revised on November 11, 2003.
CONDITIONAL USE CRITERIA
Pursuant to Section 14.10(E) of the South Burlington Land Development Regulations, the
proposed conditional use shall meet the following standards:
1. The proposed use, in its location and operation, shall be consistent with the planned
character of the area as defined by the City of South Burlington Comprehensive Plan.
The proposed structure is a 35 square foot shed and is consistent with the planned character of the
area.
Z The proposed use shall conform to the stated purpose of the district in which the proposed
use is located
Pursuant to Section 5.01(A) of the South Burlington Land Development Regulations,
Commercial 1 Districts are hereby formed in order to encourage the location of general retail and
office uses in a manner that serves as or enhances a compact central business area. Other uses that
would benefit from nearby access to a central business area, including clustered residential
development and small industrial employers may be permitted if they do not interfere with
accessibility and continuity of the commercial district. Large -lot retail uses, warehouses, major
industrial employers, and incompatible industrial uses shall not be permitted. Planned Unit
Developments are encouraged in order to coordinate traffic movements, promote mixed -use
developments, provide shared parking opportunities, and to provide a potential location for high -
traffic generating commercial uses. Any uses not expressly permitted are prohibited, except those
that are allowed as conditional uses.
The proposed 35 square foot shed is acceptable within the C 1 District.
3. The Development Review Board must find that the proposed uses will not adversely
affect the following:
(a) The capacity of existing or planned municipal or educational facilities.
The proposed structure will not adversely affect municipal services.
(b) The essential character of the neighborhood or distrid in which the property is located,
nor ability to develop adjacent property for appropriate uses
The proposed structure is in keeping with the character of surrounding properties and will not
adversely affect the character of the area or the ability to develop adjacent properties.
(e) Traffic on roads and highways in the vicinity.
The proposed structure will not affect traffic in the vicinity.
(d) Bylaws in effect
The proposed structure is in keeping with applicable regulations.
(e) Utilization of renewable energy resources.
The proposed structure will not affect renewable energy resources.
09 General public health and welfare.
The proposed structure will not have an adverse affect on general public welfare.
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Pursuant to Section 3.13(F) of the South Burlington Land Development Regulations, the
proposed conditional use shall meet the following standards:
The Development Review Board, in granting conditional use approval, may impose conditions of
the following:
1. Size and construction of structures, quantities of materials, storage locations, handling of
materials, and hours of operations.
The proposal in front of the Development Review Board is for the construction of a 35 square
foot shed. It is not necessary to attach any additional conditions relating to quantities of
materials, storage locations, handling of materials, or hours of operation.
2. Warning systems, fire controls, and other safeguards.
There are State standards on safeguards for a structure like this, and therefore it is not necessary
for the Development Review Board to impose any major warning systems, fire controls, or other
safeguards.
3. Provision for continuous monitoring and reporting.
The applicant is designing a remediation system that exceeds the requirements of the State.
Therefore, it is not necessary for the Development Review Board to impose any additional
conditions relating to monitoring and reporting.
4.Other restrictions as may be necessary to protect public health and safety.
The applicant is designing a remediation system that exceeds the requirements of the State.
Therefore, it is not necessary for the Development Review Board to impose any additional
conditions relating to public health and safety.
DECISION
Motion by Larry Kupferman, seconded by Gayle Quimby, to approve Conditional Use
Application #CU-03-18, 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 plans submitted by the applicant, as
amended by this decision, and on file in the South Burlington Department of Planning &
Zoning.
3. Pursuant to Section 17.04(B) of the South Burlington Land Development Regulations,
the applicant shall obtain a zoning permit within six (6) months of this decision.
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4. The applicant shall obtain a Certificate of Occupancy prior to use of the structure.
5. Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
Chuck Bolton - yea/nay/abstain/not present
Mark Boucher - yea/nay/abstain/not present
John Dinklage - yea/nay/abstain/not present
Roger Farley - yea/nay/abstain/not present
Michele Kupersmith - yea/nay/abstain/not present
Larry Kupferman - yea/nay/abstain/not present
Gayle Quimby - yea/nay/abstain/not present
Motion Carried by a vote of 6-0-0.
Signed this 7 day of January, 2004, by
ohn Dinklage, Chair
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