HomeMy WebLinkAboutSP-06-73 - Decision - 0012 0014 Bacon Street#SP-06-73
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
DIEMER PROPERTIES, LLC — 12 & 14 BACON STREET
SITE PLAN APPLICATION #SP-06-73
FINDINGS OF FACT AND DECISION
Diemer Properties, LLC is seeking to amend a previously approved plan for a 6,000 sq.
ft. multi -use commercial building and a 14 unit multi -family dwelling. The amendment to
the commercial building consists of: 1) designating 3000 sq. ft. for retail use and 3000
sq. ft. for general office use, 2) abandoning the umbrella approval, and 3) requesting a
four (4) space or 15.4% parking waiver, 12 & 14 Bacon Street. The Development
Review Board held a public hearing on December 5, 2006. Jill Diemer 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:
FINIDINGS OF FACT
1) The applicant is seeking to amend a previously approved plan for a 6,000 sq. ft.
multi -use commercial building and a 14 unit multi -family dwelling. The
amendment to the commercial building consists of: 1) designating 3000 sq. ft. for
retail use and 3000 sq. ft. for general office use, 2) abandoning the umbrella
approval, and 3) requesting a four (4) space or 15.4% parking waiver, 12 & 14
Bacon Street.
2) The owner of record of the subject property is Diemer Properties, LLC.
3) The subject property is located in the Commercial 1- Residential 15 (C1-R15)
Zoning District.
4) No revised plans were submitted. The applicant is relying on the previously
approved plan.
5) The applicant received final plat approval on August 16, 2005. As part of the
original approval, the applicant requested and received umbrella approval for
uses in the commercial building as specific uses were not yet known. No parking
waivers were requested or granted at that time. As the building has since been
constructed and tenants have been secured, the applicant has discovered that
the amount of parking spaces provided do not meet the amount required in
accordance with the regulations. The lot is four spaces short. They are thus
seeking a four (4) space or 15.4% parking waiver.
6) The Board supports the applicant's request for a parking waiver. The subject
property will ultimately have a 14 unit multi -family dwelling and 28 related parking
spaces. A shared parking study has not been done; however, the Board
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recognizes that the residential parking spaces will likely be vacant during the day
when the retail and office space would be in use. Furthermore, the subject
property is on a heavily traveled road and accessible via bus service. Not all
patrons will be utilizing parking spaces. In summary, it would be very unlikely that
a parking shortage would ever exist.
DECISION C N/
Motion by seconded by
to approve Site Olan Application SP-06-73 of Diemer Properties, LLC, subject to the
following conditions:
1. All previous approvals and stipulations, which are not superseded by this
approval, shall remain in effect.
2. This project shall be completed as shown on the plans submitted by the applicant
and on file in the South Burlington Department of Planning and Zoning.
3. The Board grants a parking waiver of four (4) parking spaces, or 15.4%.
4. Any change to the site plan shall require approval of the Administrative Officer or
the Development Review Board.
Mark Behr — ye nay/abstain/not present ___
Matthew Birmingham — yea/nay/abstain of prese
John Dinklage i
Fir
/nay/abstain/not present
Roger Farley —ay/abstain/not present
Eric Knudsen — nay/abstain/not present
Peter Plumeau —0/r
nay/abstain/not present
Gayle Quimby —ay/abstain/not present
Motion carried by a vote of �a - D - U
Signed this � day of
John Dinklage, Chair
2006, by
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.
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You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy;
finality).
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