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HomeMy WebLinkAboutVR-96-0000 - Decision - 0063 Ethan Allen DriveSTATE OF VERMONT COUNTY OF CHITTENDEN ,/ � ©0 CITY OF SOUTH BURLINGTON 1/ DECISION AND FINDING OF FACT On the 26th day of August, 1996 the South Burlington Zoning Board of Adjustment heard testimony regarding a variance application of Rene Berard, lots #37 Ethan Allen Industrial Park located at 63 Ethan Allen Drive. Attending this meeting was Randy Berard and Julian Goodrich. Based upon the testimony provided at the above mentioned public hearing and the documents submitted to the Zoning Board of Adjustment which are contained within the "document file" for this application, the Zoning Board finds, concludes, and decides as follows: Findings of Fact 1) The area in question is zoned I-C District and includes land located with the Flood Plain Overlay District. 2) Lot #37 contains 45,596 square feet with 15,400 square feet located within the Flood Plain Overlay District. 3) The Flood Plain District is defined at elevation 218 feet and the Winooski River is at elevation 180 feet. 4) The 100 year Flood Plain is defined at elevation 218 feet. 5) This proposal is a request to fill less than one (1) acre above elevation 218 feet. 6) The finish floor elevation of the proposed building would be 221.5 feet. Conclusion 1) After the 1927 flood, dams were constructed in order to protect properties. 2) Man made drainage ditches and holding ponds were designed to handle water run-off. 3) Less than 5 years ago, the land in question was useable. Dams built by beavers have created the wetlands. 4) The City approved this subdivision knowing that the floodplain 1 may be an issue. Construction of any structure would maintain a floor elevation of 219 feet or greater. 5) Hardship created by definition of the Flood Plain boundaries. Any development of lots located within the Flood Plain are subject to State and Federal approvals. 6) Data submitted by the applicant proves that filling of the site as proposed represents a minimal impact to the Flood Plain District and any wetlands. Conclusion Based upon the findings and conclusion set -forth above, the Zoning Board of Adjustment hereby grants the applicant a variance to fill .35 acres and develop the land for parking located at 63 Ethan Allen Drive. Stipulation: That the applicant secure approvals and permits as setforth within Section 20.,�3 and 20.404 of the zoning by-laws. L �.aau iL uau aa, South Burlington Zoning Board of Adjustment SEP2396 l -z