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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