HomeMy WebLinkAboutSP-09-58 - Decision - 1233 Shelburne Road#SP-09-58
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
EAGLES CHAMPLAIN AERIE #793 —1233 SHELBURNE ROAD
SITE PLAN APPLICATION #SP-09-58
FINDINGS OF FACT AND DECISION
Eagles Champlain Aerie #793, hereafter referred to as the applicant, seeks site plan
approval to amend a previously approved plan for a multi -use and multi -building
complex. The amendment consists of constructing a 17'x19' deck to building "B", 1233
Shelburne Road.
The Development Review Board held a public hearing on July 21, 2009. Clem Soutiere
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, seeks site plan approval to amend a previously approved plan for a
multi -use and multi -building complex. The amendment consists of constructing a 17'x19'
deck to building "B", 1233 Shelburne Road.
2. The application was received on July 2, 2009.
3. The owner of record of the subject property is Lakewood Commons Association.
4. The subject property is located in the Commercial 1- Automobile Zoning District.
5. The plan submitted is entitled, "Lakewood Commons Route 7, Shelburne Rd South
Burlington", prepared by Trudell Consulting Engineers, dated 9/24/2008, last revised on
6/26/2009.
6. The 17'x19' deck adds only 323 feet of additional coverage to a PUD based on 4.66
acres of land. The resulting change in overall impervious coverage is arguably
negligible, increased only from 62.87 to 62.90%. Coverage remains below the permitted
threshold of 70% for the site.
7. The remainder of the property, as shown on the plans, is in compliance with the South
Burlington Land Development Regulations and all pertinent site plan review criteria:
dumpsters are adequately screened with solid wood fencing, snow storage is provided,
and a bicycle rack is on site. There are no changes in use and so staff did not calculate
parking requirements; however the site has a great number of parking spaces provided
and staff is not aware of any parking concerns or complaints on the property. There are
no changes to traffic generation with the addition of the small deck.
DECISION
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#SP-09-58
Motion by 67AyC, (X %i•(j Y , seconded by (-- FAAL�'-'/ , to
approve Site Plan Application #SP-09-58 of Eagles Champlain Aerie #793 subject to the
following conditions:
1. All previous approvals and stipulations which are not superseded by this approval
shall remain in effect.
2. This project shall be completed as shown on the plans submitted by the applicant
and on file in the South Burlington Department of Planning and Zoning.
3. The applicant shall obtain a zoning permit within six (6) months pursuant to Section
17.04 of the Land Development Regulations or this approval is null and void.
4. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer
prior to use of the deck.
5. Any change to the site plan shall require approval by the South Burlington
Development Review Board or the Administrative Officer.
Mark Behr — yea'/nay/abst In/not present
Matthew BirminJe,
— re nay/abstain/not present
John Dinklage/nay/abstain/not present
Roger Farley nay/abstain/not present
Eric Knudsen —nay/abstain/not present
Gayle Quimby /nay/abstain/not present
Motion carried by a vote of CO - v -
Signed this �` 1_ day of 2009, by
John Dinklage; Chairman
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRECP 5 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).
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