HomeMy WebLinkAboutAO-19-02 - Supplemental - 0730 Shelburne Road
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
Memorandum
To: Development Review Board
From: Paul Conner, Administrative Officer
Dalila Hall, Acting Zoning Administrative Officer
Date: April 3, 2019
Re: #AO-19-02, 730 Shelburne Rd – Appeal of Administrative Officer re: Denny’s C of O
Denny’s Inc. has filed an appeal of the Administrative Officer’s decision denying their application for a
Certificate of Occupancy (CO) #CO-19-04.
The CO was denied due to the presence of an illuminated wall feature that does not comply with the
conditions of approval and the Land Development Regulations.
Background:
The application for the Certificate of Occupancy (CO) was received on January 11, 2019. This application
followed the application and issuance of site plan amendments #SP-18-27 dated June 20, 2018 and #SP-
18-43 dated August 28, 2018 and associated zoning permits #ZP-18-282 and #ZP-18-363.
Site work was performed by the applicant during the summer of 2018. Following completion of the
work, the Administrative Officer was invited to perform a site visit in October.
The Administrative Officer found a new parapet wall on the southwest building corner, approximately
five (5) feet tall and four (4) feet wide with the appearance of being internally illuminated. Subsequent
evening trips along that stretch of Shelburne Road confirmed that the structure is illuminated. It was
communicated to the applicant to indicate that this feature was not approved and would have to remain
off or be removed for a CO to be issued. They were also informed that their parking layout was not
consistent with the approved plans and would need to be corrected. They corrected the parking layout
to conform with the approved plans.
After discussion, the applicant elected to apply for a CO, obtain a denial, and appeal the decision to the
DRB.
Following an inspection on January 25th, the Administrative Officer issued a denial on February 28,
2019. The denial was based on non-compliance with a condition in each of the approvals and non-
compliance with the standards of the Land Development Regulations.
The two site plan approvals contained specific conditions of approval related to lighting. Condition #6 of
SP-18-27 and #5 of SP-18-43 state: “All exterior lighting must be installed or shielded in such a manner
as to conceal light sources and reflector surfaces from view beyond the perimeter of the area to be
illuminated.”
This condition is based upon the following standard in the Land Development Regulations:
13.07 Exterior Lighting.
A. General Requirements. All exterior lighting for all uses in all districts except for one-family and two-
family uses shall be of such a type and location and shall have such shielding as will direct the light
downward and will prevent the source of light from being visible from any adjacent residential
property or street. Light fixtures that are generally acceptable are illustrated in Appendix D. “Source
of light” shall be deemed to include any transparent or translucent lighting that is an integral part of
the lighting fixture(s). Site illumination for uncovered areas shall be evenly distributed. Where feasible,
energy efficient lighting is encouraged.
What follows is a chronology of the Project to date:
(a) June 11, 2018: Applicant submits an application for site plan review, later assigned #SP-18-27, to
amend the approved site plan for the property.
(b) June 20,2018: #SP-18-27 is approved by the Administrative Officer. The amendment consists of:
1) revising the parking layout, 2) adding a pole light in the parking lot, 3) enlarging the dumpster
storage area, and 4) other minor site modifications. The plan submitted consists of a six (6)
page set of plans, page three (3) is labeled “Existing Conditions Site Plan,” dated 4/30/18, and
prepared by Civil Engineering Associates Inc.
(c) August 27, 2018: Applicant submits an application for site plan review, later assigned #SP-18-43,
to make additional modifications to the approved plans.
(d) August 28, 2018: The Administrative Officer approves #SP-18-43. The amendment consists of:
1) revising the parking layout, 2) relocating the dumpster, and 3) other minor site modifications.
The plan submitted consists of a one (1) page set of plans, labeled “Demo Site Plan Proposed
Site Plan” prepared by Technical Group, Inc., dated 3/22/18 and last revised 8/23/18.
(e) October 26, 2018: The Administrative Officer, upon invitation, performs an initial site visit.
(f) October 26, 2018: The Administrative Officer subsequently communicated to the applicant that
the illuminated wall feature and parking layout were not consistent with the approval.
(g) January 11, 2018: The applicant submits an application for a Certificate of Occupancy.
(h) January 25, 2019: CO Inspection
(i) February, 28,2019: The Administrative Officer issues a denial for the above stated reason.
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