HomeMy WebLinkAboutCU-99-03 - Decision - 0388 0400 Shelburne Road#CU-99-03
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, conditional use application of D. Francis Jacobs to amend a plan for a 5007
square foot building used for radio station and retail uses, 388 - 400 Shelburne Road.
On the 5"' day of October, 1999, the South Burlington Development Review Board approved the
conditional use application of D. Francis Jacobs to amend a plan for a 5007 square foot building
used for radio station and retail uses under Section 26.05 of the South Burlington Zoning
Regulations based on the following findings:
1. This project consists of amending a plan for a 5007 square foot building used for radio station
and retail uses. The amendment consists of converting I 100 square feet of radio station use to
general office use in a building occupied with a retail use. The site plan was approved on 9/21/99.
2. The owner of record of this property is John Larkin.
3. This property located at 388-400 Shelburne Road lies within the C1 District. It is bounded on
the north by Proctor Avenue, on the west by Shelburne Road, on the south by a standard
restaurant and office building, and on the east by residences.
4. The C 1 District was formed "in order to encourage the location of general retail and office
uses." The proposed use complies with the purpose of the district.
5. The proposed multiple use will not adversely affect the capacity of existing or planned
municipal or educational facilities. No effect on municipal facilities is anticipated.
6. The proposed multiple use will not affect the essential character of the neighborhood or district
in which the property is located, nor the ability to develop adjacent property for appropriate uses.
The neighborhood includes residences to the east, and a shopping center to the north, and a
restaurant/and office building to the south, in addition to other commercial uses along Shelburne
Road. The proposed multiple use will have no effect on the neighborhood.
7. The proposed multiple use will not adversely affect the traffic on roads and highways in the
vicinity. The general office is replacing a radio station. The ITE Trip Generation Manual
estimates that the change in use will decrease P.M. peak hour vehicle trip ends by 8.37 trip ends.
8. The proposed multiple uses will not adversely affect the bylaws in effect. The proposed use
will be in compliance with the bylaws.
9. The proposed multiple use will not adversely affect the utilization of renewable energy
resources in the vicinity. The proposed use will not result in any exterior alteration to the existing
structure.
10. The proposed multiple use will not adversely affect the general public health and welfare.
DECISION AND CONDITIONS
Based on the above Findings of Fact, the South Burlington Development Review Board approves
the conditional use application of D. Francis Jacobs to amend a plan for a 5007 square foot
building used for radio station and retail uses, as depicted on a plan entitled "388 - 400 Shelburne
Road South Burlington, VT For: Larkin Realty (802) 864-7444", prepared by Gregory Rabideau,
dated 10/31/94, last revised 11/7/94, 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 general office space.
4) Any change to the site plan shall require approval by the Development Review Board.
Chair or Clerk
etith Burlington Development Review Board
ate