HomeMy WebLinkAboutSP-01-57 CU-01-36 - Decision - 0020 Palmer Court#CU-or-36
#SP-or-57
FINDINGS OF FACT & DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, conditional use application #CU-01-36 and site plan application
#SP-01-57 of A. Marcelino & Company to amend a site plan for a io,98i sq. ft.
building used for a contracting business. The amendment consists of utilizing four
(4) recreational vehicles for temporary residential facilities, 20 Palmer Court.
On the 18th day of September zoos, the South Burlington Development Review Board
approved the site plan amendment of A. Marcelino & Company under Section 26.io
of the South Burlington Zoning Regulations based on the following findings:
i. The owner of record of this property is Alan Marcelino.
z. This project consists of amending a site plan for a io,98i sq. ft. building for a
contracting business. The amendment consists of utilizing four (4)
recreational vehicles for temporary residential facilities. This property was
last reviewed on 10/3/00.
3. Staff discovered that the applicant was using four (4) recreational vehicles for
housing some employees. Staff requested that approval be obtained to comply
with the zoning regulations.
4. This property located at zo Palmer Court lies within the I-C District. It is
bounded on the south by an industrial/warehouse building and Palmer Court,
on the west and north by an industrial/warehouse building, and on the east by
Muddy Brook.
Site Plan Criteria: The only issues affected by this amendment are: coverage/setbacks
and sewer allocation.
5. Coverage/Setbacks: Building coverage is 6.3% (maximum allowed is 30%).
Overall coverage is 13.50/- (maximum allowed is 70%). Front yard coverage is
56.6% (maximum allowed is 30%). A variance has not been granted to exceed
the 30010 coverage limitation. The plan must be revised to not exceed the 30%
limitation.
6. C.O. District: The plan should be revised to show the limits of the C.O.
District along Muddy Brook.
7. Sewer Allocation: No additional allocation needed or requested.
8. Conditional Use Criteria: The proposed project complies with the stated
purpose of the I-C District. The proposed use will be accessory to an
industrial type use.
Page #z
The proposed use will not adversely effect:
a. The capacity of existing or planned community facilities. No effect
expected.
b. The character of the area affected. No adverse affect is expected.
c. Traffic on roads or highways in the vicinity. The proposed us is not
expected to affect traffic.
d. Bylaws in effect. The proposal is in conformance with the zoning
regulations.
e. Utilization or renewable energy resources. There is no utilization of
renewable energy resources to be affected.
9. Other: Section 26.6o5 of the Zoning Regulations allows the Board to authorize
the proposed use. The Board is required to specify time limits for occupancy.
DECISION & CONDITIONS
Based on the above Findings of Fact, the South Burlington Development Review
Board approves conditional use application #CU-01-36 and site plan application #SP-
01-57 of A. Marcelino & Company to amend a site plan for a io,98i sq. ft. building
used for a contracting business. The amendment consists of utilizing four (4)
recreational vehicles for temporary residential facilities, zo Palmer Court, as depicted
on a plan entitled "A. Marcelino & Company 4050 Williston Road Site Plan South
Burlington Vermont," prepared by Champlain Consulting Engineers, dated 8/9/ot,
with the following stipulations:
i. All previous approvals and stipulations which are not superseded by this
approval shall remain in effect.
z. The plans shall be revised to show the changes below and shall require
approval of the Director of Planning & Zoning (hereinafter "Director").
Three (3) copies of the approved revised plans shall be submitted to the
Director prior to permit issuance.
a. The site plan shall be revised to reduce the front yard coverage so as
not to exceed the thirty percent (309/6) limitation.
b. The site plan shall be revised to depict the one hundred foot (ioo') C.O.
District buffer from the center line of Muddy Brook.
3. The use of the recreational vehicles for temporary residential facilities shall
cease on iz/oi/oi and the recreational vehicles shall be removed from the
property on or before n/oi/oi.
Page #3
4. The applicant shall obtain a zoning permit as soon as possible following the
issuance of these permits. If a zoning permit is not obtained before 12/31/01,
conditional use permit #CU-or-36 and site plan approval #SP-oi-59 shall be
null and void.
5. The applicant shall obtain a Certificate of Occupancy/Compliance from the
Administrative Officer prior to the use of the recreational vehicles.
6. Any change to the site plan shall require approval of the South Burlington
Development Review Board.
7. Occupancy is limited to four (4) persons per recreational vehicle and each unit
shall have operable smoke and carbon monoxide detectors and fire
extinguishers. n , n
Chair/eler c --'
/S
South Burling evelopment Review
Date r7 -S / O
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 V.S.A. 4471 and V.R.C.P. 76, in writing, within 3o days of the
date this decision is issued. The fee is $i5o.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. 4477 (d)
(exclusivity of remedy; finality).