HomeMy WebLinkAboutCU-01-13 SP-01-22 - Decision - 1100 Dorset Street (2)#CU-01-13 & SP-01-22
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, conditional use application #CU-01-13 and site plan application #SP-01-22 of
Vermont Community Botanical Garden seeking approval under Section 25.117, Alteration of Existing
Grade, of the South Burlington Zoning Regulations. Request is for permission to place 600 cubic yards
of fill to build initial gardens and berm, 1100 Dorset Street.
On the 15th of May, 2001, the South Burlington Development Review Board approved the
conditional use application of Vermont Community Botanical Garden under Section 25,117 of the
South Burlington Zoning Regulations based on the following findings:
1. The applicant sought conditional use approval under Section 25.117, Alteration of Existing
Grade. Request is for permission to place 600 cubic yards of fill to build initial gardens and
berm, 1100 Dorset Street.
2. The owner of record of this particular property is the City of South Burlington.
3. This property located at 1100 Dorset Street lies within the Park and Recreation District. It is
bounded on the north by Swift Street, on the west by Dorset Street, on the south by the golf
course and on the east by undeveloped land.
4. Section 25.117 Requirements: The proposed filling will exceed twenty (20) cubic yards and
therefore must comply with the standards of Section 25.113(b) referenced in Section 25.117(a)
of the Zoning Ordinance:
a) The project must utilize topography and must relate to other existing and proposed
structures so as to be aesthetically compatible with the neighborhood. The filling must
not extend to the property lines and must blend with the existing contours. The applicant
should not make existing stormwater runoff conditions worse. The City Engineer has
reviewed the proposed plans and finds them acceptable.
b) The project must not detract from scenic views of adjacent properties or public
walkways. The proposed grading must not exceed the elevations presently found on the
site.
c) The project should allow for retention of additional green space that will enhance the
appearance of the developed property.
5. Conditional Use Criteria:
The proposed use complies with the stated purpose of the Park and Recreation District to
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"provide for and to protect recreational use and/or open space in municipal parks, beaches,
natural areas and other land owned by the City."
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 berms have been designed to complement the
existing gardens and landscaping.
c) traffic on roads or highways in the vicinity. No affect expected.
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 affect expected.
DECISION AND CONDITIONS
Based on the above Findings of Fact, the South Burlington Development Review Board approves
conditional use application #CU-01-13 and site plan application #SP-01-22 of Vermont Community
Botanical Garden seeking approval under Section 25.117, Alteration of Existing Grade, ofthe South
Burlington Zoning Regulations. Request is for permission to place 600 cubic yards of fill to build
initial gardens and berm, 1100 Dorset Street, as depicted on a three (3) page set of plans, page one
entitled "Vermont Community Botanical Gardens", 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 applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative
Officer.
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.
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4) Any change to the site plan shall require approval by the South Burlington Development Review
Board.
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Chair or Clerk Date
South Burlington Development Review Board
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).