HomeMy WebLinkAboutSP-09-40 - Decision - 0006 Ethan Allen Drive#SP-09-40
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
TIMOTHY CUTLER - 6-12 ETHAN ALLEN DRIVE
SITE PLAN APPLICATION #SP-09-40
FINDINGS OF FACT AND DECISION
Timothy Cutler, hereinafter referred to as the applicant, is seeking site plan approval to
amend a previously approved plan for a seasonal mobile food unit. The amendment
consists of altering access and circulation, 6-12 Ethan Allen Drive.
The Development Review Board held a public hearing on May 19, 2009. The applicant
represented himself.
Based on testimony provided at the above mentioned public hearing and the plans and
supporting materials contained in the document file for this application, the Development
Review Board finds, concludes, and decides the following:
FINDINGS OF FACT
1. The applicant is seeking site plan approval to amend a previously approved plan for
a seasonal mobile food unit. The amendment consists of altering access and
circulation, 6-12 Ethan Allen Drive.
2. The application was received on May 8, 2009.
3. The owner of record of the subject property is Robert Shand.
4. The subject property is located in the Mixed Industrial and Commercial Zoning
District.
5. The plans submitted consist of two (2) air photos with hand drawn site plan
information.
6. Timothy Cutler, hereinafter referred to as the applicant, is seeking to amend a
previously approved plan for a seasonal mobile food unit. The amendment consists
of altering access and circulation, 6-12 Ethan Allen Drive.
The Board reviewed the original application, Site Plan #SP-09-21, on April 21, 2009.
At that time, Mr. Belair noted that Bruce Hoar wanted no curb cut on Lime Kiln Road
as he was concerned with left -turners causing accidents. The northerly curb cut
should be eliminated entirely. Mr. Cutler said he would provide a "no exit" sign at
that point and orange cones would be included to close this. The motion was
amended to include the stipulation that the plan be revised to show that the
northerly curb cut shall be eliminated and not used.
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8. The applicant is now seeking use of this curb cut on Lime Kiln Road. He worked
with a civil engineer to review the site distances for the site. The civil engineer
determined a site distance of 420 feet, which is adequate for the posted speed limit.
9. Section 13.22(6) of the Land Development Regulations requires that prior to the
approval of this use, a written recommendation shall be sought from the Police
Department, Fire Department, and Department of Public Works.
No written comments have been received by departments by the date of this memo.
However, the Director of Public Works has stated continued concern for any use of this
access on Lime Kiln Road.
{, DECISION �/,
Motion by �A L� ( J seconded by 1 66GA Fwal to
approve Site Plan Application # P-09-40 of Timothy Cutler subject to the following
conditions:
1. All previous approvals and stipulations which are not superseded by this approval
shall remain in effect.
2. This project shall be completed as shown on the plans submitted by the applicant
and on file in the South Burlington Department of Planning and Zoning.
3. The applicant shall obtain a zoning permit within six (6) months pursuant to Section
17.04 of the Land Development Regulations or this approval is null and void.
4. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer
prior to use of the northerly curb cut on Lime Kiln Road.
5. Any change to the site plan shall require approval by the South Burlington
Development Review Board or the Administrative Officer.
Mark Behr —,yea/nay/abstain/not present
Matthew Birmingham —yea/nay/abstain not pe
John Dinklage e nay/abstain/not pr sen Roger Farley — ea ay/abstain/not present
Eric Knudsen — a nay/abstain/not present
Motion carried by a vote of �-- U - 0
Signed this day of 1122 1`2 2009, by
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John Dinklage, Chairman
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRECP 5 in writing, within 30 days of the date this
decision is issued. The fee is $225.00. 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 VSA 4472 (d) (exclusivity of remedy;
finality).
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