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
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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).