HomeMy WebLinkAboutSP-94-0000 - Decision - 1080 Shelburne RoadFINDINGS OF FACT & DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application of Perry Restaurant Group to
amend a previously approved site plan by revising the parking
layout, coverage and other site modifications on a lot containing
a 303 seat restaurant, 1080 Shelburne Road.
On the 15th of November, 1994, the South Burlington Planning
Commission approved the request of Perry Restaurant Group for site
plan review under Section 26.10 of the South Burlington Zoning
Regulations based on the following findings:
1. The project consists of amending a previously approved site
plan by revising the parking layout and making other site
modifications.
2. The site plan approved on 2/23/93 was to add 38 seats and raze
an existing building. The ZBA on 6/13/94 granted the applicant a
variance to exceed the overall coverage limitation by 7%.
3. This property located at 1080 Shelburne Road lies within the C1
District. It is bounded on the north by an auto dealership and
Kwik Photo, on the east by the access road to Orchard School, on
the south by Baldwin Avenue and on the west by Shelburne Road.
4. Access/circulation: Access to the site is via a 34 foot wide
curb cut on Shelburne Road and a 21 foot wide curb cut on Baldwin
Avenue. A 62 foot wide curb cut on Baldwin Avenue was closed as
part of the previous approval.
Circulation is adequate.
5. Coverage/setbacks: Building coverage is 13.3% (maximum allowed
is 30%). Overall coverage is 76.2% (maximum allowed is 70%). The
plan approved by the Planning Commission on 2/23/93 had an overall
coverage of 69.2%. The ZBA on 6/13/94 granted the applicant a
variance to exceed the overall coverage limitation up to 77%.
Front yard coverage along Shelburne Road is 51.7% (staff's
calculation). No change from previous approved plan. Front yard
coverage along Baldwin Avenue will decrease from 81.6% to 73.9%
(maximum allowed is 30%).
6. The restaurant building does not meet the front yard setback
requirement and is therefore a noncomplying structure subject to
Section 26.002 of the zoning regulations.
7. Parking: This property requires a total of 105 parking spaces
and 119 parking spaces including five (5) handicapped spaces are
shown on the site plan. The previously approved site plan showed
105 spaces or 14 fewer spaces than currently proposed. A bike
is proposed as required under Section 26.253(b) of the zoning
regulations.
8. Landscaping: Some of the landscaping required as part of the
previous approval was not installed. The plants missing include
four (4) shad bushes and four (4) high bush cranberry plants. This
plant material should be installed this planting season.
This plan reinstates the six (6) foot green strip along Shelburne
Road.
9. Traffic: Not affected.
10. Sewer: No additional allocation needed.
11. Lighting: No changes proposed. All existing lights should be
tipped downward so as not to cast light beyond the property line.
DECISION & CONDITIONS
Based on the above Findings of Fact, the South Burlington Planning
Commission approves the site plan application of Perry Restaurant
Group to amend a previously approved site plan by revising the
parking layout, coverage and other site modifications on a lot
containing a 303 seat restaurant as depicted on a plan entitled
"Perry's Fish House, Proposed Site Plan", prepared by Lawrence
Atkin Architect and dated 9/17/93, last revised 11/7/94, with the
following stipulations:
1. All previous approvals and conditions which are not superseded
by this approval shall remain in effect.
2. The plan shall be revised prior to issuance of a
zoning/building permit to show the changes listed below. Three
copies of the approved revised plan shall be submitted to the City
Planner prior to permit issuance.
a) The plan shall show all the landscaping which was required
as part of the previous approval.
3. The existing exterior parking lot lights shall be tipped
straight downward so as not to cast light/glare beyond the property
line.
4. A zoning/building permit shall be obtained within six (6)
months or this approval is null and void.
5. The applicant shall obtain a Certificate of
Occupancy/Compliance prior to use of the newly designed parking
lot.
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6. Any change to the approved site plan shall require Planning
Commission approval.
Chairman or Clerk
South Burlington Planning Commission
Date
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