Loading...
HomeMy WebLinkAboutSP-02-37 - Decision - 0142 Kindness Court#SP-02-37 FINDINGS OF FACT AND DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Site plan application #SP-02-37 of Humane Society of Chittenden County to amend a previously approved site plan for a 16,700 square foot building for kennel use. The amendment consists of widening the entrance/exit off Queen City Park Road,142 Kindness Court. On the 3`d of September 2002, the South Burlington Development Review Board approved the request of the Humane Society of Chittenden County seeking site plan approval under Section 26.10 of the South Burlington Zoning Regulations based on the following findings: 1) This project consists of amending a previously approved site plan for a 16,700 square foot building for kennel use. The amendment consists of widening the entrance/exit off Queen City Park Road. This property was reviewed by the Director of Planning and Zoning on August 30, 2001. 2) The owner of record is Humane Society of Chittenden County. 3) The property located at 142 Kindness Court lies within the Commercial 1 District and C. O. District. The property is bounded on the north by Queen City Park Road, on the south and east by the Kmart Shopping Plaza, on the west by Potash Brook. The only issue affecting this application is access. 4) Access: Access is provided off Queen City Park Road via a private driveway. The applicant's requested expansion of the driveway apron. The proposed widening is to improve sight distance for patrons making a left hand turn out of the driveway. This widening requires encroachment into the C.O. District. 5) C.O. District: The encroachment into the C.O. District can be approved by the Board pursuant to Section 3.502 of the zoning regulations- "Encroachment is necessary for purposes of providing for or improving facilities, or for providing safe access to a parcel on which a use has been approved by the DRB in cases where there is no feasible alternative to the encroachment." 6) Other: The plan shows a residence to remain. The Board has no authority to allow retention of the house, unless a variance is applied for and granted. Therefore this building should be removed from the plan. DECISION AND CONDITIONS Based on the above Findings of Fact, the South Burlington Development Review Board approved site plan application #SP-02-37 of the Humane Society of Chittenden County to amend a previously approved site plan for a 16,700 square foot building for kennel use. The amendment consists of widening the entrance/exit off Queen City Park Road, as depicted on a three (3) page set of plans, page one entitled "Humane Society of Chittenden County Site Plan 633 Queen City Park RD South Burlington, VT 05403" prepared by Brad Rabinowitz Architect dated July 10, 2000, with a last revised date of 7/01/02, with the following stipulations: 1) All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2) Changes in the access to the property shall be approved as shown on the site plan application. 3) In approving the change in the property's access, the Board is not approving any changes to the previously approved structures, uses, and arrangement thereof. The retention and use of the house shown on the site plan is not approved as part of this approval. 4) The plan shall be revised to show the changes below and shall require approval of the Director of Planning and Zoning (hereinafter Director). Three (3) copies of the approved revised plan shall be submitted to the Director prior to permit issuance. a) The plan shall be revised to show the removal of the building noted as "existing house to remain." 5) The Board, Pursuant to Section 3502 of the zoning regulations approves additional encroachment into the C. O. District because this encroachment is necessary to provide safe access to a parcel on which a use has been approved by the DRB in cases where there is no feasible alternative to the encroachment. 6) 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. 7) The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer at the completion of the driveway. 2 8) Any change to the plan shall require approval by the South Burlington Development Review Board. AS� k4-1� Z- (� - 0 -22,ir or-Clcr� Date South Burlington Development Review Board 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 30 days of the date this decision is issued The fee is $150.00. 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).