HomeMy WebLinkAboutSP-02-63 - Decision - 0792 Shelburne Road#5F-02-63
FINDINGS OF -FACT & DEC1510N
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF 50UTH BURLINGTON
RE: Findings of Fact, Site plan application #517-02-63 of Koto Restaurant to amend a
previously approved site plan for a 123 seat standard restaurant. The amendment
consists of expanding the parking lot, 792 Shelburne Road.
°�
On the �3� day of December, 2002, the Director of Planning & Zoning approved
the request of Koto Restaurant for site plan review under Section 26.10 of the South
Burlington Zoning Regulations based on the following findings:
This project consists of amending a previously approved site plan for a 125 seat
standard restaurant. The amendment consists of expanding the parking lot.
Staff discovered the applicant had constructed the additional parking area
without approval and placed the applicant in violation of the zoning regulations.
This application io to correct the violation.
2. The owner of record of this particular property io Montaha Handy.
3. The only issues affected by this application are: parking, coverage and access.
4. Access/Circulation: Access io currently provided by a 42 foot ingress and egress
curb out on Shelburne Road and a 20 foot access drive to the property to the north
developed with a Pizza Hut restaurant. This proposal includes a 10 foot wide one-way
access drive to access the new parking area to the east. Vehicles using the new
parking area would exit using an existing 20 foot wide right-of-way across the 45
5wift Street property to Swift 5treet.
5. Circulation on the site io adequate.
6. Coverage: Building coverage is 5% (maximum allowed io 30%). Overall coverage io
47% (maximum allowed io 70%). Front yard coverage io 7% (maximum allowed io
30%).
7. Parking: A total of 41 parking spaces are required and 68 spaces are shown on
the site plan. Three (3) handicapped are required which are not shown on the plan.
8. The expanded parking area shows 18 spaces. The parking aisle proposed io
inadequate for the double row of parking proposed. Plan should be revised to show a
single row of nine (9) spaces.
PEC15ION & CONDITION5
Based on the above Findings of Fact, the 5outh Burlington Director of Planning &
Zoning hereby approves site plan application #5P-02-63 of Koto Restaurant to
amend a previously approved site plan for a 123 seat standard restaurant. The
amendment consists of expanding the parking area, 792 5helburne Road, as
depicted on a plan entitled "Koto Restaurant 792 5helburne Road 5outh
Burlington, Vermont", prepared by 5teve Guild Residential Design, LLC, dated
11/22/02, with the following stipulations:
1. All previous approvals and stipulations which are not superseded by this
approval shall remain in effect.
2. The plan shall be revised to show the changes below and shall require approval
of the Director of Planning & Zoning (hereinafter Director). Three (3) copies
of the approved revised plan shall be submitted to the Director prior to
permit issuance.
a. The site plan shall be revised to Show three (3) handicapped parking
spaces.
b. The site plan shall be revised to show a single row of nine (9) spaces in
the expanded parking area.
c. The site plan shall be revised to include the addition of the proper
signage necessary to implement the one-way traffic flow for the new
parking area.
3. Prior to issuance of a Certificate of Occupancy/Compliance, the applicant
shall stripe the parking lot ao shown on the approval plan.
4. The applicant shall obtain a zoning permit within six (6) months pursuant to
5ection 27.502 of the zoning regulations or this approval is null and void.
5. The applicant shall obtain a Certificate of Occupancy/Compliance from the
Administrative Officer prior to the use of the new parking area.
6. Any change to the site plan requires approval by the 5outh Burlington
Development Review Board.
Dated this 644— day of December, 2002 at 5outh 5urlington, Vermont
Juli Beth Hoover �7(
5outh Burlington Director of Planning & Zoning
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 V5A 4471 and VKCP 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 may be lost because you waited too long. You will
be bound by the decision, pursuant to 24 V5A 4472 (d) (exclusivity of remedy; finality).