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HomeMy WebLinkAboutSP-94-0000 - Decision - 0031 Swift StreetFINDINGS OF FACT & DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, application of Gary Bourne for conversion of 1,000 square feet of vacant space to general office use in an existing 5,500 square foot building currently used for automobile repair and beauty salon, 31 Swift Street. On the 25th of January, 1994, the South Burlington Planning Commission approved the request of Gary Bourne for site plan review under Section 19.10 of the South Burlington Zoning Regulations based on the following findings: 1. This project consists of converting 1,000 square feet of vacant space to general office use in a 5,500 square foot building used for automotive repair and a beauty salon. 2. This property located at 31 Swift Street is within the Commercial 1 District. It is bounded on the north by Swift Street, on the east by an office/warehouse building, on the south by Pizza Hut and on the west by an auto service station owned by the applicant. 3. Access/circulation: Access is provided by a 30 foot curb cut on Swift Street and an access drive at the rear of the property to the adjacent service station. No access changes proposed. Circulation is adequate. 4. Coverage/setbacks: Building coverage is 33% (maximum allowed is 30%). Overall coverage is 77% (maximum allowed is 70%). Although current coverage limitations are being exceeded, this application will not increase the degree of noncompliance. Building does not meet setback requirements and is therefore subject to Section 19.002 of the zoning regulations. 5. Landscaping: The minimum landscaping requirement, based on building costs is $60 which is not being met. The site is well landscaped so staff did not recommend any additional landscaping. 6. Parking: The existing and proposed uses require a total of 25 spaces and only 24 spaces including one (1) handicapped space are being provided. This parking lot is substandard in size but it was approved this way by the Planning Commission on 12/15/87. 7. Traffic: This property is in Traffic Overlay Zone 1 which limits this property to 6.6 vehicle trip ends (vte's) during the P.M. peak hour. The previous trip generation was estimated to be 14.1 vte's. ITE estimates the existing and proposed uses to generate 13.5 vte's which is less than was previously generated. 8. Lighting: All exterior lighting is existing. It consists of four (4) 75 watt incandescent lights and one (1) mercury vapor light, all attached to the building. 9. Sidewalk: The previous owner of this property contributed $1,000 to the sidewalk fund in 1988 as required by the Planning Commission. It was also required that the City be given an easement for this sidewalk. No evidence can be found that this easement was ever granted. The current owner should therefore grant the City an easement for this sidewalk. The legal documents for the easement should be reviewed and approved by the City Attorney. This document should be recorded prior to issuance of a zoning/building permit. 10. Other: --- the notation on the plan regarding the number of parking spaces required should either be removed or revised to reflect the correct requirement. DECISION & CONDITIONS Based on the above Findings of Fact, the South Burlington Planning Commission approves the site plan application of Gary Bourne for conversion of 1,000 square feet of vacant space to general office use in an existing 5,500 square foot building currently used for automobile repair and beauty salon, 31 Swift Street, as depicted on a plan entitled "Site Plan, Former Vermont Gas Garage Bldg., 31 Swift Street, South Burlington, VT" prepared by Bourne Consulting Engineering, dated April, 1992 with a last revision date of 12/21/93, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. This site plan approval shall not be construed as approval to alter a noncomplying structure. The decision of whether or not to approve alteration to a noncomplying structure shall be made by the Administrative Officer in accordance with Section 19.002 of the zoning regulations. 3. The Planning Commission approves the reduction in the number of required parking spaces from 25 to 24 spaces. It is the Planning Commission's opinion that 24 parking spaces will adequately serve the existing and proposed uses. 4. The plan shall be revised prior to issuance of a zoning/building permit to show the changes listed below and shall require approval of the City Planner. Three (3) copies of the approved revised plan shall be submitted to the City Planner prior to permit issuance. a) The plan shall show a five (5) foot wide sidewalk easement along the property's frontage. This easement shall be located on the applicant's property immediately adjacent to the street r.o.w. b) The notation on the plan regarding the number of parking spaces required for the existing and proposed uses should either be removed or revised to reflect the correct requirement. 5. The applicant shall submit a draft sidewalk easement for review and approval by the City Attorney. This easement shall be recorded in the South Burlington land records prior to issuance of a zoning/building permit. 6. The applicant shall obtain a zoning/building permit within six (6) months or this approval is null and void. 7. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to Occupancy of the newly constructed areas. 8. Any changes to the site plan shall require approval by the South Burlington Planning Commission. 9. Any changes to existing exterior lighting or any new lighting shall be downcasting and shielded so as not to cast light beyond the property line. Any change to exterior lighting shall be approved by the City Planner prior to installation. LL12A� Chairman or Clerk South Burlington Planning Commission at