HomeMy WebLinkAboutCU-02-19 SP-02-42 - Decision - 0974 Shelburne Road#CU-02-19
#SP-02-42
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, conditional use and site plan applications of Joe and Charles Handy
to amend a previously approved plan for a 3075 square foot convenience store. The
amendment consists of the permission to construct an 80 square foot accessory structure
for storage at a convenience store located at 974 Shelburne Road.
On the 1 " of October 2002, the South Burlington Development Review Board approved
the request of the Joe and Tony Handy seeking conditional use approval under Section
26.05, and site plan approval under Section 26.10 of the South Burlington Zoning
Regulations, based on the following findings:
1) This project consists of amending a previously approved plan for a 3075 square foot
convenience store, with gas sales. The amendment consists of the permission to
construct an 80 square foot accessory structure for storage for the convenience
store.
2) The owner of record is Mouthana Handy.
3) The property located at 974 Shelburne Road lies within the Commercial 1
District. It is bounded on the north by a commercial property and Brewer
Parkway, to the west by Shelburne Road, to the south by another commercial
property, and to the east by residential properties.
CONDITIONAL USE CRITERIA:
4) The proposed project complies with the stated purpose of the Commercial 1
District "to encourage the location of general retail and office uses in a manner
that serves as or enhances a compact central business area..." and does not
adversely affect:
a) the capacity of existing or planned community facilities - no effect expected
b) the character of the area affected - no adverse effect is expected
c) traffic on roads or highways in the vicinity the proposed use is not expected
to affect traffic.
d) bylaws in effect- the proposal is in conformance with the zoning regulations
e) utilization of renewable energy resources- there is no utilization of
renewable energy resources to be affected.
fj general public health and welfare - no adverse effect expected.
SITE PLAN CRITERIA:
5) The only issue affecting this application is setback, parking, and coverage.
6) Setbacks: The applicant proposed an 8x10 foot shed, 65 feet from the residential
zoning district boundary line, which met the required setback under Section
25.108 of the zoning regulations.
7) Coverage` Building coverage increased from 6.4% to 6.6% (maximum allowed is
30%). Overall coverage remains unchanged at 56% (maximum allowed is 70%).
The front yard coverage remains unchanged at 66.9%.
8) Parking: The proposed location of the shed is within two existing parking spaces.
The parking requirement is 23 spaces. Previously approved was 19 spaces, with a
waiver of 4 spaces or 17%. The applicant requested a total parking waiver of
26% or 6 parking spaces.
DECISION AND CONDITIONS
Based on the above Findings of Fact, the South Burlington Development Review Board
approves site plan and conditional use applications #SP-02-42 and #CU-02-19 of Joe and
Charles Handy to amend a previously approved plan for a 3075 square foot convenience
store. The amendment consists of constructing an 80 square foot accessory structure for
storage at a convenience store located at 974 Shelburne Road, as depicted on a plan
entitled "New 10' x 8' WD. Shed at Existing Simon's Store", prepared by Gordon G.
Woods Assoc., dated Aug. 2002, with a last revised date of 8/7/02, 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 new shed.
4) Any change to the site plan shall require approval by the South Burlington
Development Review Board.
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5) Pursuant to Section 26.256 (b) of the zoning regulations the Board approves 17
spaces which is a 6 space or 26% shortfall.
A.,Z-02- /o / S- O -?-
Chair or CQrk JV Date
South Burlington Development Review Board
Please Note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to
24 V.S.A. § 4471 and V.RC.P. 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 time may be
lost because you waited too long. You will be bound by the decision, pursuant to 24 V.S.A. § 4472(d)
(exclusivity of remedy; finality).
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