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HomeMy WebLinkAboutSP-02-51 - Decision - 0075 Ethan Allen Drive#SP-02-51 FINDINGS OF FACT & DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON RE: Findings of Fact, site plan application #SP-02-51 of Rene J. Berard to amend a previously approved plan for a 13,200 sq. ft. warehousing, storage and distribution facility addition to a 9500 sq. ft. mixed use commercial building consisting of 3900 sq. ft. of general office use, 2100 sq. ft. of warehousing space and 3200 sq. ft. of repair shop use. The amendment consists of relocating the addition 10 feet to the south, 75 Ethan Allen Drive. The Development Review Board last approved this plan on 9/18/02. On the "l day of October 2002, the Director of Planning & Zoning approved the site plan application of Rene J. Berard under Section 26.10 of the South Burlington Zoning Regulations, based on the following findings: 1. This project consists of amending a previously approved plan for a 13,200 sq. ft. warehousing, storage and distribution facility addition to a 9500 sq. ft. mixed use commercial building consisting of 3900 sq. ft. of general office use, 2100 sq. ft. of warehousing space and 3200 sq. ft. of repair shop use. The amendment consists of relocating the addition 10 feet to the south. 2. The owner of record of this particular property is Berard Properties, LLC. 3. This property located at 75 Ethan Allen Drive lies within the I-C District. It is bounded on the east and west by commercial/industrial buildings, on the north by Ethan Allen Drive, and on the south by Commerce Avenue. 4. The only issues affecting this application are setbacks and coverage. 5. Coverage/Setbacks: Building coverage is 21.3% (maximum allowed is 30%). Overall coverage is 56.4% (maximum allowed is 70%). Front yard coverage along Ethan Allen Drive is 30% and along Commerce Avenue is 30%. (maximum allowed is 30%). 6. Coverage has not changed since the relocated addition is not increasing in size and the area to which the addition is to be relocated was previously approved for pavement. 7. Setback requirements are being met for the relocated addition. DECISION & CONDITIONS Based on the above Findings of Fact, the Director of Planning & Zoning approves site plan application #SP-02-51 of Rene J. Berard to amend a previously approved plan for a 13,200 sq. ft. warehousing, storage and distribution facility addition to a 9500 sq. ft. mixed use commercial building consisting of 3900 sq. ft. of general office use, 2100 sq. ft. of warehousing space and 3200 sq. ft. of repair shop use. The amendment consists of relocating the addition 10 feet to the south, 75 Ethan Allen Drive, as depicted on a two (2) page set of plans, page one (1) entitled, "Contractors Yard Building Mountain Air Systems, Inc. 75 Ethan Allen Drive South Burlington VT", prepared by J.G. Architects, Inc., dated 9/10/02, last revised on 9/23/02, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 27.302 of the zoning regulations or this approval is null and void. 3. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to the use of the newly converted space. 4. Any change to the site plan shall require approval by the Director of Planning & Zoning. Dated on October V�2002 at South Burlington, Vermont li Beth Hoover Director of Planning & Zoning Please Note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 V.S.A. § 447r and V.R.C.P. 76, in writing, within 3o days of the date this decision is issued. The fee is $rgo.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 V.S.A. § 4472(d) (exclusivity of remedy; finality).