HomeMy WebLinkAboutSP-98-0000 - Decision - 1834 Shelburne Roadw
FINDINGS OF FACT & DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application of Robert M. Fuller to amend a previously approved site plan
for a 129 seat standard restaurant. The amendment consists of constructing a 120 square foot
detached accessory structure, 1834 Shelburne Road.
A
On the ZO day ofNovember, 1998, the South Burlington Director of Planning & Zoning approved
the request of Robert M. Fuller for site plan review 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 129 seat standard restaurant.
The amendment consists of constructing a 120 square foot detached accessory structure. The ZBA
on 6/22/98 approved a variance to allow the proposed accessory structure to project into the side
yard setback. The only issues affected by this application are coverage and setbacks.
2. This property located at 1.834 Shelburne Road lies within the C2 District. It is bounded on the
north by a mini -mart with gas sales, on the south by a motel, on the east by a vacant lot and on the
west by Shelburne Road.
3. Coverage/setbacks: Building coverage is 9.6% (maximum allowed is 30%). Overall coverage is
82.7% (maximum allowed is 70%). Front yard coverage is 96% (maximum allowed is 30%). Overall
and front yard coverage are currently exceeded and will not be made worse by this application. Even
though the accessory structure will be placed on green space, the applicant proposes to convert 120
square feet of covered space to green space so there is no net increase in coverage.
4. Setbacks: The location of the proposed accessory structure does not meet the side yard setback
requirement. The ZBA on 6/22/98 granted the applicant a variance for its proposed location.
5. Parkina: This use requires a total of42 spaces and 44 spaces including two (2) handicapped spaces
and a bike rack are provided.
The applicant has illegally striped several parallel parking spaces along the northerly property
boundary. These spaces do not meet the requirements for a standard width parking aisle for the
angled spaces along the north side of the building. These illegally striped spaces must be removed
from the site prior to the issuance of a Certificate of Occupancy/Compliance for the accessory
structure.
DECISION & CONDITIONS
Based on the above Findings of Fact, the South Burlington Director of Planing & Zoning approves
the site plan application of Robert M. Fuller to amend a previously approved site plan for a 129 seat
standard restaurant. The amendment consists of constructing a 120 square foot detached accessory
structure, 1834 Shelburne Road, as depicted on a plan dated "received" on August 25, 1998, with
the following stipulations:
1. All previous approvals and stipulations which are not superseded by this approval shall remain in
effect.
2. The plan shall be revised to show the changes below and shall require approval of the Director of
Planning & Zoning. Three copies of the approved revised plan shall be submitted to the Director of
Planning & Zoning prior to permit issuance.
a) The site plan shall be revised to show the covered area which will be converted to green
space.
3. The non -approved parallel parking spaces striped along the northerly property boundary shall be
removed prior to issuance of a Certificate of Occupancy/Compliance for the proposed accessory
structure.
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 the use of the accessory structure.
6. Any change to the site plan shall
South Bur
approval)py the
Director
Date/
2
Burlington Planning Commission.
& Zoning