HomeMy WebLinkAboutSP-02-27 - Decision - 0091 Ethan Allen Drive#SP-02-27
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Site plan application #SP-02-27 of Witness Tree Landscaping to amend a previously
approved site plan consisting of a mixed use 11,250 square foot single story building.
The amendment consists of using three (3) approved parking spaces for seasonal storage
of landscape materials, 91 Ethan Allen Drive.
On the 2 1 " of May 2002, the South Burlington Development Review Board approved the
request of Witness Tree Landscaping seeking site plan approval under Section 26.10 of
the South Burlington Zoning Regulations based on the following findings:
1) This project is to amend a previously approved site plan consisting of a mixed use
11,250 square foot single story building. The amendment consists of using three (3)
approved parking spaces for seasonal storage of landscape materials. Staff discovered
the applicant was using three spaces for storage without approval and requested that they
apply for approval.
2) The owner of record is Gary Riggs.
3) This project is located in the Mixed Industrial Commercial District. It is bounded on
the south and east by the Commerce Avenue, on the north by Ethan Allen Drive and
on the west by commercial development.
The only issue affecting this application is parking.
4) Parking: A total of 18 parking spaces are required not including car storage space for
the auto repair facility. A total of 19 spaces are provided including one accessible
space. These numbers are based on the exclusion of the three (3) spaces set aside for
seasonal storage of landscape materials.
DECISION AND CONDITIONS
Based on the above Findings of Fact, the South Burlington Development Review Board
approves site plan application #SP-02-27 of Witness Tree Landscaping to amend a
previously approved site plan consisting of a mixed use 11,250 square foot single story
building. The amendment consists of using three (3) approved parking spaces for
seasonal storage of landscape materials, as depicted on a site plan entitled,
"Storage/Distribution Facility Ethan Allen Dr. Lot 18 So. Burlington Vermont", dated
5/2/89, 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1) All previous approvals and stipulations which are not superseded by this approval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 zoning permit within six (6) months pursuant to Section
27.302 of the zoning regulations or this approval is null and void.
3) The applicant shall obtain a Certificate of Occupancy/Compliance from the
Administrative Officer before use of parking spaces as storage.
4) Any change to the site plan shall require approval by the South Burlington
Development Review Board.
Chair orb 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.RC.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).
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