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HomeMy WebLinkAboutCU-01-14 SP-01-24 - Decision - 0003 Commerce Avenue#CU-01-14 & #SP-01-24 FINDINGS OF FACT AND DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, conditional use application #CU-01-14 and site plan application #SP- 01-24 of William and Linda Hanf to amend a previously approved site plan for a 10,625 square foot building used for automobile repair and service. The amendment consists of site modifications to the landscaping and to add a ground -mounted transformer, 3 Commerce Avenue. On the 1 9th of Jung, 2000, the South Burlington Development Review Board approved the conditional use application under Section 26.05 and site plan application under Section 26.10 of the South Burlington Zoning Regulations of Riverside Auto Body based on the following findings: This project consists of amending a previously approved site plan for a 10,625 square foot building used for automobile repair and service. The amendment consists of site modifications to the landscaping and to add a ground -mounted transformer, 3 Commerce Ave. 2. The owners of record are William and Linda Hanf. Site Plan Criteria: 3. Coverage/setbacks: The proposed building coverage will remain 26.1 percent (30% maximum). Overall lot coverage will increase slightly from 61 percent to 61.4 percent (70% maximum). The proposed front yard coverage will remain the maximum of 30 percent (30% maximum). All setbacks are being met. 4. Landscaping_ The minimum landscaping requirement based on building costs of $8,000 is being met. The applicant proposed decreasing the number of maple trees and cranberry bushes in favor of arborvitae bushes around the proposed transformer. The Board has typically required that transformers be well screened from view by evergreen plants. The plans should be revised to note the size of the landscaping. 5. Conditional Use Criteria: The proposed property complies with the stated purpose of the Mixed Industrial/Commercial District to encourage "a range of individual commercial uses... that will serve adjacent area and/or the traveling public and that will be mutually compatible with industrial activity". The proposed use will not adversely affect: a) the capacity of existing or planned community facilities. No affect expected. b) the character of the area affected. The proposed changes will not adversely affect the character of the area. c) traffic on roads or highways in the vicinity. The proposed changes are not expected to impact 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 affect expected. DECISION AND CONDITIONS Based on the above Findings of Fact, the South Burlington Development Review Board approves conditional use application #CU-01-14 and site plan application #SP-01-24 of William and Linda Hanf to amend a previously approved site plan for a 10,625 square foot building used for automobile repair and service. The amendment consists of site modifications to the landscaping and to add a ground -mounted transformer, 3 Commerce Avenue, as depicted on a two (2) page set of plans, page one (1) entitled, "Riverside Auto Body Lot 36", prepared by Lamoureux & Dickinson Consulting Engineers, Inc., dated 2/16/00, last revised on 12/27/00, with a stamped received date of 4/25/01 with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. The plat plans shall be revised to show the changes listed below and shall require approval of the Director of Planning & Zoning (hereinafter Director). Three (3) copies of the approved revised plat plans shall be submitted to the Director prior to permit issuance. a) The site plan shall be revised to move the Red Maple tree off of the sewer service line at least 8 feet away. 3. 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. 4. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to use of the new transformer. 5. Any change to the site plan shall require approval by the South Burlington Development Review Board. Z Chair or Clerk South Burlington Development Review Board -)//0/0/ 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 30 days of the date this decision is issued. The fee is $150.00. 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).