HomeMy WebLinkAboutCU-01-49 SP-01-88 - Decision - 1691 Shelburne Road#CU-01-49 & #SP-01-88
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Site plan application #SP-01-88 and conditional use application #CU-01-49 David
and Barbara Flagg to amend a previously approved site plan consisting of a request for
permission to amend a site plan for a 3,295 square foot auto service and repair facility. The
amendment consists of altering the access from Shelburne Road, 1691 Shelburne Road
On the 22" d of January 2002, the South Burlington Development Review Board approved
the request of David and Barbara Flagg seeking site plan use approval under Section
26.10, and conditional use approval under Section 26.05, of the South Burlington Zoning
Regulations based on the following findings:
1) This project consists of a request for permission to amend a plan for a 2,533 square foot
auto sales facility, including service and sale of related accessories. The amendment
consists of altering the previously approved access from Shelburne Road at 1693
Shelburne Road. Previous approval of this project was given on April 17 2001.
2) The owners of record are David and Barbara Flagg.
3) This project located in the C2 District is bounded to the north by Oil-N-Go (auto repair),
on the east by Shelburne Road, on the south by vacant state property, and on the west by
railroad property.
SITE PLAN CRITERIA
4) The only issue effecting this application is access/circulation.
5) Access/Circulation: The last approval required this property share access with the
property to the north (1691 Shelburne Road). Such that each property would have a
portion of the shared access drive on their property. This proposal is to have the access
entirely on the property to the north (Oil-N-Go). The shared access drive will be 36 feet
wide with an access to 1693 Shelburne Road (Autohaus) 32 feet wide. Legal documents
formalizing the shared access should be required prior to a Certificate of Occupancy.
Circulation on the site is adequate.
6) Staff recommended the applicant revise plans to indicate North correctly.
CONDITIONAL USE CRITERIA
7) The proposed project complies with the stated purpose of the zoning district is "to
encourage general commercial activity." and does not adversely affect:
a) the capacity of existing or planned community facilities - no effect expected
b) the character of the area effected - no adverse effect is expected
c) traffic on roads or highways in the vicinity the proposed use is not expected to
effect 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.
f) general public health and welfare - no adverse effect expected
DECISION AND CONDITIONS
Based on the above Findings of Fact, the South Burlington Development Review Board
approves conditional use and site plan application 4CU-01-49 and #SP-01-88 of David
and Barbara Flagg requesting permission to amend a site plan for a 2533 sq. ft auto sales
facility, including service and sale of related accessories. The amendment consists of
altering the access to Shelburne Road, 1693 Shelburne Road as depicted on a site plan
entitled "Autohaus 1693 Shelburne Road South Burlington, Vermont " prepared by Krebs
and Lansing Consulting Engineers, dated 3/09/01, with a revised date of 12/06/01, with
the following stipulations:
1) All previous approvals and stipulations which are not superseded by this approval
shall remain in effect.
2) Prior to permit issuance, the applicant shall record a legal document approved by the
City Attorney providing a mutual access easement to the southerly property owner.
3) The applicant shall be responsible for installing signs and striping as per the approved
plan prior to issuance of a Certificate of Occupancy/Compliance.
4) 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.
5) The applicant shall obtain a Certificate of Occupancy/Compliance from the
Administrative Officer prior to occupancy of the auto sales facility.
6) Any change to the site plan shall require approval by the South Burlington Development
Review Board.
Chair r Clerk
South Burlington Development Review Board
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Date
Please Note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to
24 V.S.A. § 4471 and V.R.C.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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