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HomeMy WebLinkAboutSP-05-12 - Decision - 0792 Shelburne RoadCITY of SOUTH BURLINGTON DEPARTMENT of PLANNING AND ZONING ICHIBAN OISHII, INC - 792 SHELBURNE ROAD SITE PLAN APPLICATION #SP-05-12 FINDINGS OF FACT AND DECISION Ichiban Oishii, Inc., hereafter referred to as the applicant, is seeking site plan to amend a previously approved plan for a 123 seat standard restaurant with: 1) a proposed 500 sq. ft. addition, and 2) a proposed 38-space parking lot expansion. The amendment consists of revising the landscaping plan for the parking lot expansion, 792 Shelburne Road. The Development Review Board held a public meeting on May 3, 2005. Steve Guild 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: FINDINGS of FACT 1. The applicant is seeking site plan to amend a previously approved plan for a 123 seat standard restaurant with: 1) a proposed 500 sq. ft. addition, and 2) a proposed 38-space parking lot expansion. The amendment consists of revising the landscaping plan for the parking lot expansion, 792 Shelburne Road. 2. The subject property is located in the Commercial 1 (Cl) Zoning District. 3. The owner of record of the subject property is Ichiban Oishii, Inc. 4. The plan submitted is entitled, "Koto Restaurant 792 Shelburne Road South Burlington, Vermont", prepared by Steve Guild Design, LLC, dated 3/9/05. 5. The Board is not in favor of the applicant's proposal to eliminate the landscaping that was recently approved on the subject property. The evergreen hedge that was approved was intended to screen the headlights of cars utilizing the proposed parking area from the residential uses adjacent to the subject property. This vegetation is required pursuant to Sections 13.06(B)(1) and 13.06(C) of the Land Development Regulations. The applicant believes that the existing fence along the property line of the residential properties is sufficient to screen the dwelling units from the headlights. This fence is not sufficient because it is located on the properties of the residential uses. If this fence were to deteriorate or fall down, no screening mechanism would be present. It is not the responsibility of the residents to screen themselves from this commercial parking lot. The applicant shall therefore to retain the recently -approved evergreen hedge or replace this hedge with an opaque fence, the material and height of which would need the Board's approval. - 1 - DECISION Motion by WAR4 I.�u��{ , seconded by 6AY L[ "C��'to approve Site Plan Application #SP-05-19 of Ichiban Oishii, Inc. Mark Behr — ye Chuck Bolton — yes Mark Boucher — ye John Dinklage — ye Roger Farley — yee Larry Kupferman — Gayle Quimby — ye stain/not present abstain/not present bstain/not present /abstain/not present abstain/not present iay bstain/not present abstain/not present Motion denied by a vote of D -1- 0 Signed this � day of May 2005, by /John Dinklage, hair 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. You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy; finality). -2-