HomeMy WebLinkAboutSP-93-0000 - Decision - 0370 Shelburne RoadFINDINGS OF FACT & DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application of Anthony Gamache for change of
use of 1850 square feet within an existing retail center to a 36
seat restaurant, 370 Shelburne Road.
On the llth of August, 1992 the South Burlington Planning
Commission approved the request of Anthony Gamache for site plan
review under Section 19.10 of the South Burlington Zoning
Regulations based on the following findings:
1. This project consists of converting 1850 square feet of retail
space to a 36 seat restaurant. There will be no exterior changes
to the building.
2. This property located at 370 Shelburne Road is within the Cl
District. It is bounded on the south by Proctor Avenue, on the
east by a single family home, on the west by Shelburne Road and on
the north by a large office building.
3. Access/circulation: Access is currently being provided by a 20
foot curb cut on Proctor Avenue and a 30 foot curb cut on Shelburne
Road at a signalized intersection. No change in access is
proposed.
Circulation is adequate.
4. Coverage/setbacks: Building coverage is 31.9% (maximum allowed
is 30%). Overall coverage is 80% (maximum allowed is 70%). Front
yard coverage is 71.4% (maximum allowed is 30%). The current
proposal will not increase the degree of nonconformance for
coverage.
The building does not meet the side and rear yard setback
requirements. It is therefore a noncomplying structure and this
proposal will not increase its degree of nonconformity.
5. Traffic: Shelburne Street is in the City of Burlington at this
location. Donald Morley, Transportation Engineer for the City of
Burlington, has indicated by a letter dated 7/15/92 that he
foresees no adverse traffic safety or congestion from this project.
This property is also in Traffic Overlay Zone 5 which allows this
property to generate a maximum of 69 vehicle trip ends (vte's)
during the P.M. peak hour. I.T.E. estimates this Specialty Retail
Center to generate 81 vte's. The proposed change in use will not
increase trip ends because the definition of a Specialty Retail
Center in the I.T.E. manual includes a small restaurant.
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6. Sewer/Water: This building is connected to the Burlington
sewage and water systems. Donald Morley, Transportation Engineer
for the City of Burlington, has indicated by letter to the
applicant dated 7/15/92 that there is sufficient sewage and water
capacity at this location.
7. Landscaping: The landscaping requirement for this project is
$750 which is being met. Plantings will include a cedar hedge to
screen the dumpster and some Upright Yews adjacent to Shelburne
Road.
8. Lighting: No additional exterior lighting proposed.
9. Dumpster: The dumpster will be screened from the northerly and
easterly properties by a cedar hedge.
10. Parking: The proposed restaurant and the existing retail
space requires a total of 59 parking spaces and the plan shows 61
spaces including two (2) handicapped spaces.
DECISION & CONDITIONS
Based on the above Findings of Fact, the South Burlington Planning
Commission approves the site plan application of Anthony Gamache
for change of use of 1,850 square feet within an existing retail
center to a 36 seat restaurant as depicted on a plan entitled "Site
Plan, 370 Shelburne Road", dated 9/19/83, last revised 8/4/92, with
the following stipulations:
1. The applicant shall post a $750, 3-year landscaping bond prior
to issuance of a zoning/building permit.
2. Any new lighting shall be downcasting, shielded luminaire and
shall be approved by the City Planner prior to installation.
3. As expressly represented by the applicant, there shall be no
outside seating at this site.
4. The zoning/building permit shall.be obtained within 6 months or
this approval is null and void.
Chairman or Clerk
South Burlington Planning Commission
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Date
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