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HomeMy WebLinkAboutSP-08-54 - Decision - 1840 Spear Street#SP-08-54 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING SOUTH VILLAGE COMMUNITIES, LLC SITE PLAN APPLICATION #SP-08-54 FINDINGS OF FACT AND DECISION South Village Communities, LLC, hereinafter referred to as the applicant, is seeking site plan approval to construct a 192 square foot gazebo in Dewey Park (lot#6), 1840 Spear Street. The Development Review Board held a public hearing on Tuesday, July 15, 2008. David Scheuer represented the applicant. Based on testimony provided at the above mentioned public hearing and the plans and supporting materials contained on the document file for this application, the Development Review Board finds, concludes, and decides the following: FINDINGS OF FACT 1. The applicant is seeking site plan approval to construct a 192 square foot gazebo in Dewey Park (lot#6), 1840 Spear Street. 2. The owner of record of the subject property is South Village Communities, LLC. 3. The subject property is located in the Southeast Quadrant (SEQ) Zoning District. 4. The plans submitted consist of a two (2) page set of plans, page one (1) entitled, "Lot 6-Dewey Park Revised Plan", prepared by Landworks, dated June 3, 2008. Section 14.06 of the South Burlington Land Development Regulations establishes the following general review standards for all site plan applications: (a) The site shall be planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas. (b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. (c) Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing or adjoining buildings. - 1 - #SP-08-54 (d) Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. (e) The DRB shall encourage the use of a combination of common materials and architectural characteristics, landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. (fl Proposed structures shall be related harmoniously to themselves, the terrain, and to existing buildings and roads in the vicinity that have a visual relationship to the proposed structures. There are no changes to the above criteria in relation to this application. The proposed gazebo is within the height limitations for accessory structures. The proposed gazebo is visually pleasing and designed to fit with the architecture and design of surrounding buildings. Site plan applications shall meet the following specific standards as set forth in Section 14.07 of the South Burlington Land Development Regulations: (a) The reservation of land may be required on any lot for provision of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial of collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. It is not necessary to create access to the properties that abut the subject property. (b) Electric, telephone and other wire -served utility lines and service connections shall be underground. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. (c) All dumpsters and other facilities to handle solid waste, including compliance with any recycling or other requirements, shall be accessible, secure and properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s). (d) Landscaping and Screening Requirements No additional landscaping shall be required as a result of this proposal. However, the applicant is proposing $6826 in plantings for Dewey Park. -2- #S P-08-54 Lighting The applicant has not proposed any lighting to be associated with the gazebo. If lighting is proposed, the applicant shall submit cut sheets and a point by point plan. 111 xN f+9 lei 041 Motion by V seconded by Xc &ZA F� „« to approve Site Olan Application # P-08-54 of South Village Communities, LL , 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 submit cut sheets and a lighting plan prior to permit issuance for any additional lighting associated with the gazebo. All lighting shall meet the standards of Appendix D of the South Burlington Land Development Regulations. 4. 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. 5. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to the use of the gazebo. 6. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. -3- #S P-08-54 Mark Behr ye /nay/abstain/not present Matthew Bir gham — yea/nay/abstain not present John DinklageI ay/abstain/not prese— nt Roger Farley —y/abstain/not present Eric Knudsen —y/abstain/not present Peter Plumeaunay/abstain/not present Gayle Quimby ay/abstain/not present Motion carried by a vote of-%- �-' Signed this y da of 2008, by John Dinklage, Chair 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).