HomeMy WebLinkAboutSP-01-54 CU-01-34 - Decision - 0020 Karen Drive#SP-oi-54
#CU-oi-34
FINDINGS OF FACT & DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, conditional use application #CU-or-34 and site plan application
#SP-01-54 of Independent Wireless One Leased Realty Corporation to amend a
previously approved site plan for a 4,140 sq. ft. building used for wholesale. The
amendment consists of installing three (3) 64" x io.6" x 2.7" antennas on an electrical
transmission pole and 15' x zo' equipment compound, zo Karen Drive.
On the 4th day of September zooi the South Burlington Development Review Board
approved the request of Independent Wireless One Leased Realty Corp. for
conditional use and site plan approval under Sections 26.o5 and 26.io respectfully, of
the South Burlington Zoning Regulations based on the following findings:
i. The owner of record of this property is L & C Farrell Partnership.
z. This project consists of a site plan and conditional use application to amend a
previously approved site plan for a 4,140 sq. ft. building used for wholesale.
The amendment consists of installing three (3) 64" x io.6" x 2.7" antennas on
an electrical transmission pole and i5'x20' equipment compound, zo Karen
Drive.
3. This property is located within the Commercial Two District. It is bounded
on the north by a commercial property, on the west by Shelburne Road, on the
east by a vacant lot, and on the south by a commercial property.
4. Site Plan Criteria:
Coverage/Setbacks No effect expected.
5. Conditional Use Criteria:
The proposed project complies with the stand purpose of the Commercial Two
District to "encourage general commercial activity."
The proposed use will not adversely affect:
a. The capacity of existing or planned community facilities. No effect
expected.
b. The character of the area affected. No adverse effect is expected.
c. Traffic on roads or highways in the vicinity. The proposed use is not
expected to affect 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 & CONDITIONS
Based on the above Findings of Fact, the South Burlington Development Review
Board approves conditional use application #CU-01-34 and site plan application #SP-
01-54 to amend a plan for a previously approved site plan for a 4,140 sq. ft. building
used for wholesale. The amendment consists of installing three (3) 64" by io.6" by
2.7" antennas on an electrical transmission pole and 15' x zo' equipment compound, zo
Karen Drive as depicted on a one (i) page set of plans, page one entitled, "Velco
Power Pole 2382 Shelburne Road South Burlington, VT Chittenden County," last
revised on 4/ig/oi, with the following stipulations:
i. All previous approvals and stipulations which are not superseded by this
approval shall remain in effect.
z. 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.
3. The applicant shall obtain a Certificate of Occupancy/Compliance from the
Administrative Officer prior to the use of the antennas.
4. Any change to the site plan shall require approval by the South Burlington
Development Review Boar .
Chair/C—lerk�
South Burli on Development Review Board�'�
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 3o days of the
date this decision is issued. The fee is $i5o.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).