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_