HomeMy WebLinkAboutSP-98-0000 - Decision - 0009 0005 Ethan Allen DriveFINDINGS OF FACT & DECISION
STATE OF VERMONT -00a)
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: APPLICATION OF ROBERT SHAND - ACCESSORY STRUCTURE
This matter came before the South Burlington Planning Commission pursuant to the provisions of
Section 26.10 of the South Burlington Zoning Regulations on application of Robert Shand,
hereinafter "Applicant" for approval to amend a previously approved plan for a 12,000 square foot
light manufacturing/warehouse building. The amendment consists of constructing a 10,000 square
foot detached accessory structure, 5 Ethan Allen Drive, as depicted on a plan entitled "Site Plan
Vermont Custom Sheet Metal," prepared by Koerner Design Co., dated 8/l/98, last revised 11/3/98.
The Applicant was present at the public meeting held relative to this application. Based on evidence
submitted at the meeting and as part of the application, the Planning Commission hereby renders the
following decision on this application:
FINDINGS OF FACT
1. This project consists of amending a plan previously approved on 1/14/92 for a 12,000 square foot
light manufacturing/warehouse building. The amendment consists of constructing a 10,000 square
foot detached accessory structure for warehouse use.
2. This property located at 5 Ethan Allen Drive lies within the I-C and Floodplain Overlay Districts.
It is bounded on the north and west by Shamrock Road, on the east by Ethan Allen Drive, and on the
south by an industrial building.
3. Floodpllain: The plan indicates that the proposed curb cut and the first 130 feet of the new access
drive are located within the 100 year floodplain. Driveways and fill are not allowed in the floodplain
under Article XX of the zoning regulations.
4. The plan indicates that a portion of the existing building which was approved on 1/14/92 is located
in the floodplain. One of the findings from the 1/14/92 decision stated that the addition will not be
located in the floodplain. The site plan approved on 1/14/92 also showed all development well
outside the floodplain.
5. Access/circulation: Access is currently approved to be provided by two (2) curb cuts on Ethan
Allen Drive. The northerly access is 18 feet wide and the southerly access is 40 feet wide. An
additional 40 foot curb cut is proposed at the south end of the property. Section 26.103(a) of the
zoning regulations states that "unless specifically approved, there shall be a maximum of one driveway
per lot accessing a public street." Staff recommended that the proposed curb cut not be approved
because: 1) the property can be adequately served by two (2) curb cuts, and 2) it is proposed to be
placed within the 100 year floodplain and this is prohibited under Article XX of the zoning
regulations.
6. Coverage/setbacks: Building coverage is 10.6% (maximum allowed is 30%). Overall coverage
is 18.9% (maximum allowed is 70%). Front yard coverage information along Ethan Allen Drive and
Shamrock Road was not provided. This information is necessary to assure compliance with the front
yard coverage limitation.
7. The existing building meets the setback requirements. The proposed accessory structure does not
meet the front yard setback requirement of 40 feet from Shamrock Road.
8. Parking: The total number of parking spaces required is unknown since the applicant did not
provide the information necessary to determine minimum parking requirements. The plan provides
for 17 spaces including three (3) handicapped spaces. A bike rack should be provided as required
under Section 26.253(b) of the zoning regulations.
9. Landscaping: The minimum landscaping requirement, based on building costs, is $6000 which is
being met. Proposed plantings include: Sugar Maple, White Pine, Scotch Pine and Yew.
10. Sewer: The existing building is served by an on -site septic system. This proposal would involve
connecting both buildings to the City sewer system. The sewer allocation request is unknown. This
information was requested but not provided.
11. Wetland: The Wetlands map indicates wetlands in the vicinity of this property in the floodplain.
Staff requested that any wetlands and/or the associated 50 foot C.O. District/wetland buffer on the
property be delineated and shown on the plan. If there are no wetlands and/or 50 foot C.O.
District/wetland buffer on the property, a statement to this effect from a wetland expert should be
submitted. This information was not provided.
12. Lighting_ Details (cut -sheets) for existing and proposed exterior lights were requested but not
submitted. Applicant indicates that two (2) lights are proposed on 12 foot poles.
13. Traffic: The lot on which the accessory structure is proposed was part of a subdivision approval
which required a $880 fee for road improvements.
14. Dumpster: The two (2) dumpster storage areas will be screened by wooden fences.
15. Other:
the north arrow on the plan points towards the west. This should be corrected.
CONCLUSION
1. Article XX, Floodplain Overlay District of the zoning regulations does not allow driveways and fill in the
100 year floodplain. The applicant is proposing to construct 130 feet of new access drive which
involves filling within the 100 year floodplain. The Planning Commission concludes that the
requirements of Article XX, Floodplain Overlay District of the zoning regulations are not being met.
2. Section 26.103(a) of the zoning regulations limits the number of driveways per lot accessing a
public street to one (1) unless specifically approved by the Planning Commission. Applicant currently
has two (2) driveways and sought approval for a third driveway. The Planning Commission
concludes that a third driveway is unnecessary because: 1) the property can be adequately served by
two (2) curb cuts, and 2) it is proposed to be placed within the 100 year floodplain which is
prohibited under Article XX of the zoning regulations.
3. Section 25.107 of the zoning regulations limits front yard coverage to a maximum of 30%.
Applicant did not provide front yard coverage information. The Planning Commission concludes that
it can not make a positive finding that front yard coverage limitation is being met.
4. Section 25.00 of the zoning regulations requires that the proposed accessory structure meet the
40 foot front yard setback requirement from Shamrock Road. The proposed accessory structure does
not meet the requirement. The Planning Commission concludes that the requirements of Section
25.00 are not being met.
5. Appendix A, Off -Street Parking and Loading of the zoning regulations requires that the Applicant
provide a minimum number of parking spaces based on the use. Information necessary to determine
the minimum number of parking spaces required was not provided. The Planning Commission
concludes that it can not make a positive finding that the minimum parking requirements are being
met.
6. Section 26.253(b) of the zoning regulations requires the Applicant to provide a bike rack. No bike
rack is being provided. The Planning Commission concludes that Section 26.253(b) of the zoning
regulations is not being met.
7. Article I11, Conservation and Open Space District of the zoning regulations prohibits the
encroachment into a wetland or the 50 foot C.O. District/wetland buffer area surrounding a wetland.
The wetlands map of the zoning regulations indicates wetlands in the vicinity of this property.
Information was not submitted showing the location of the wetland and 50 foot C.O. District/wetland
buffer. The Planning Commission concludes that it can not make a positive finding that there will be
no encroachment of this development within the wetland or 50 foot C.O. District/wetland buffer.
DECISION
Based on the above Findings of Fact and Conclusions, the South Burlington Planning Commission
hereby denies the Applicant's request to construct a 10,000 square foot detached accessory structure,
5 Ethan Allen Drive, for the following reasons:
1. The application does not comply with or satisfy the requirements of Article XX of the zoning
regulations. The new access drive, which involves fill, will be placed within the 100 year floodplain
which is not permitted.
2. The application does not comply with or satisfy the requirements of Section 26.103(a) of the
zoning regulations. The proposed third driveway is unnecessary and would be placed within the 100
year floodplain.
3. The application does not comply with or satisfy the requirements of Section 25.107 of the zoning
regulations. The front yard coverage limitations are not being met.
4. The application does not comply with or satisfy the requirements of Section 25.00 of the zoning
regulations. The proposed accessory structure does not meet the 40 foot front yard setback
requirement from Shamrock Road.
5. The application does not comply with or satisfy the requirements of Appendix A, Off -Street
Parking and Loading, of the zoning regulations. Information was not provided showing that adequate
parking is being provided to meet the minimum parking requirements.
6. The application does not comply with or satisfy the requirements of Section 26.253(b) of the
zoning regulations. A bike rack is not being provided as required.
7. The application does not comply with or satisfy the requirements of Article III, Conservation and
Open Space District of the zoning regulations. Information was not provided showing that the
proposed development will not encroach into a wetland or 50 foot C.O. District/wetland buffer.
Dated this '4�4� day of December, 1998 at South Burlington, Vermont
Chairman or Oerk
South Burlington Planning Commission