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HomeMy WebLinkAboutSP-96-0000 - Decision - 1330 Shelburne Road (2)FINDINGS OF FACT & DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, application of Uno Restaurant Corporation to amend a previously approved site plan to construct a 5530 square foot standard restaurant with 155 seats. The amendment is to reduce the southerly Imperial Drive radius from 35 feet to 34 feet, 1330 Shelburne Road. On the 8th day of October, 1996, the South Burlington Planning Commission approved the request of Uno Restaurant Corporation for site plan review under Section 26.10 of the South Burlington Zoning Regulations based on the following findings: 1. This project consists of amending a site plan approved on 3/19/96 to construct a 5530 square foot standard restaurant with 155 seats. The amendment is to reduce the southerly Imperial Drive radius from 35 feet to 34 feet. 2. This property located at 1330 Shelburne Road lies within the Cl and R4 Districts. It is bounded on the east by a single family residence, on the south by a retail/office building, on the north by Imperial Drive, and on the west by Shelburne Road. 3. The applicant has constructed the widening of Imperial Drive that was part of the 3/19/96 approval. During construction it was discovered that a utility pole on the south side of Imperial Drive next to Shelburne Road would have to be relocated. Since the cost to relocate the pole was high and it was determined that it may need to be moved again when Shelburne Road is reconstructed, the pole was not relocated. This resulted in the southerly Imperial Drive radius being reduced from 35 feet to 34 feet. VAOT has approved the change in radius. The applicant is requesting that the Planning Commission also approve this change. The radius will be improved to 35 feet when Shelburne Road is reconstructed. DECISION & CONDITIONS Based on the above Findings of Fact, the South Burlington Planning Commission approves the site plan application of Uno Restaurant Corporation to amend a previously approved site plan to construct a 5530 square foot standard restaurant with 155 seats. The amendment is to reduce the southerly Imperial Drive radius from 35 feet to 34 feet, 1330 Shelburne Road, as depicted on a two (2) page set of plans, page one (1) entitled, "Revised Site Plan - C Pizzeria Uno, 1330 Shelburne Road South Burlington, Vermont," prepared by Pinkham Engineering Associates, Inc., dated 12/11/95, last revised 10/2/96, with the following stipulations: 1 1) All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2) The plan shall be revised to show the As -Built conditions of the Imperial Drive radius. 3) The applicant shall be responsible for widening the radius to 35 feet after completion of the Shelburne Road widening project if the radius is not so widened as part of the widening project. 4) The applicant shall install a physical barrier to protect the pole as approved by the City Engineer. Chairman or Clerk South Burlington Planning Commission 1///V47 ate 2