HomeMy WebLinkAboutSP-16-34 - Decision - 0082 Ethan Allen Drive#SP-16-34
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
GLENN CUMMINGS — 82 ETHAN ALLEN DRIVE
SITE PLAN APPLICATION #SP-16-34
FINDINGS OF FACT AND DECISION
Glenn Cummings, hereafter referred to as the applicant, is seeking after -the -fact approval to
amend a previously approved plan for a 10,500 sq. ft. mixed use building. The amendment
consists of removing an existing retaining wall along the easterly boundary line, 82 Ethan Allen
Drive.
Based on the plans and supporting materials contained in the document file for this application,
the Administrative Officer finds, concludes, and decides the following:
FINDINGS OF FACT
1. Glenn Cummings, hereafter referred to as the applicant, is seeking after -the -fact approval to
amend a previously approved plan for a 10,500 sq. ft. mixed use building. The amendment
consists of removing an existing retaining wall along the easterly boundary line, 82 Ethan
Allen Drive.
2. The owner of record of the subject property is Glenn Cummings.
3. The application was received on June 2, 2016.
4. The subject property is located in the Mixed Industrial - Commercial Zoning District.
5. The plan submitted consists of a 12 page set of plans, page one (1) is entitled "Glenn
Cummings 82 Ethan Allen Drive Existing Conditions South Burlington Vermont"" prepared by
Champlain Consulting Engineers, dated 1/23/15 and last revised 8/24/15.
6. This application is to reapprove site plan application #SP-15-59 which expired due to a
zoning permit not having been obtained within six (6) months from the date of approval.
7. The purpose of this application is to remove an existing concrete block retaining wall along
the easterly boundary which was constructed by mistake on the applicant's property by the
adjoining property owner at 84 Ethan Allen Drive. The subject retaining wall was approved on
the site plan for development of 84 Ethan Allen Drive but mistakenly constructed on the
applicant's property. As this retaining wall has been removed, the site plan for 84 Ethan Allen
Drive will have to be amended to remove it from the site plan and this was done by way of site
plan approval #SP-15-67.
DIMENSIONAL REQUIREMENTS
7. There are no dimensional changes associated with this application.
8. Setback requirements are being met.
#SP-16-34
SITE PLAN REVIEW STANDARDS
9. None of the standards are affected by this application. All other standards will continue to
be met.
DECISION
Based on the above Findings of Fact, the Administrative Officer hereby approves site plan
application #SP-16-34 of Glenn Cummings, subject to the following conditions:
1. All previous approvals and stipulations shall remain in full effect except as amended herein.
2. This project shall be completed as shown on the plat 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
the occupancy of the building.
5. Any change to the site plan shall require approval by the South Burlington Development
Review Board or the Administrative Officer.
'A
Signed this day of 2016, by
d
R ymcnd I Belair, Administrative Officer
PLEASE NOTE: Pursuant to 24 VSA §4465, an interested person may appeal this decision by
filing a Notice of Appeal with the secretary of the Development Review Board. This Notice of
Appeal must be accompanied with a $233 filing fee and be filed within 15 days of the date of
this decision.
The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state
permits for this project. Call 802.879.5676 to speak with the regional Permit Specialist.
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