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HomeMy WebLinkAboutVR-01-02 - Decision - 1041 Shelburne Road#VR-oi-oz STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON RE: APPLICATION OF WESCO, INC. This matter came before the South Burlington Development Review Board pursuant to the provisions of 24 VSA Section 4468 on application of Wesco, Inc. hereinafter "Appellant" for a project consisting of amending a plan for a 559 sq. ft. convenience store with gas sales (4 fueling positions) and a 1344 sq. ft. canopy. The amendment consists of removing the existing 559 sq. ft. convenience store and constructing a 1104 sq. ft. convenience store. Appellant requests a variance to allow the new building to project 21 feet into the required 30 foot rear yard setback area, 1041 Shelburne Road, as depicted on a plan entitled, "Site Plan Wesco Inc. Champlain Farms Texaco 1041 Shelburne Road South Burlington, VT" prepared by SMM Environmental Engineering, dated 7/23/01, last revised on 03/07. The Appellant was represented at the public hearing held on 5/21/02 relative to this application. Based on evidence submitted at the hearing and as part of this application, the South Burlington Development Review Board hereby renders the following decision on this application: FINDINGS OF FACT i. This project consists of amending a plan for a 559 sq. ft. convenience store with gas sales ( 4 fueling positions) and a 1344 sq. ft. canopy. The amendment consists of removing the existing 559 sq. ft. convenience store and constructing a 1104 sq. ft. convenience store. Appellant requests a variance to allow the new building to project 21 feet into the required 30 foot rear yard setback area. z. This property located at 1041 Shelburne Road lies within the CI District. It is bounded on the west by a restaurant parking lot, on the south by a cemetery, on the north by a restaurant, and on the east by Shelburne Road. 3. This property has 165 feet of frontage along Shelburne Road and has a depth of too feet for a lot size of 16,5oo sq. ft. 4. This property is developed with 559 sq. ft. convenience store with gas sales (4 fueling positions) and a 1344 sq. ft. canopy over the pump islands 5. The convenience store and canopy are non -complying structures because they currently do not meet the front and rear setback requirements. 6. The owner of record of this property is Wesco, Inc. Page #z CONCLUSIONS OF LAW i. There are no unique physical circumstances or conditions, including irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to this particular property. The unnecessary hardship claimed by the Appellant is not due to such conditions, but by the circumstances or conditions generally created by the provisions of the zoning regulations in the neighborhood or district in which the property is located. z. The authorization of a variance is not necessary to enable the reasonable use of the property. The property is currently being used as a convenience store with gas sales which is a reasonable use of the property. 3. The unnecessary hardship has been created by the Appellant by desire to expand the non -complying structure on the property. 4. The authorization of the variance would alter the essential character of the neighborhood or district in which the property is located. It would result in over i,000 sq. ft. of additional building area located within the rear yard setback area in an area where most buildings are not located within the rear yard setback area. 5. The authorization of the variance would not represent the minimum variance that would afford relief. Appellant has a reasonable use of the property and does not require relief. The authorization of the variance would not represent the least deviation possible from the zoning regulations since the use already exists in a non -complying structure. DECISION Based on the above Findings of Fact and Conclusions of Law, the South Burlington Development Review Board hereby denies the Appellant's request for a variance to allow a new convenience store building to project zi feet in the required 30 foot yard area, I041 Shelburne Road. Dated this 15 day of June, zooz at South Burlington, Vermont 05403• i Chairman ��- South Burlino evelopment Review Board / Page #3 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 3o days of the date this decision is issued. The fee is $iso.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).