HomeMy WebLinkAboutCU-98-0000 - Decision - 1203 Williston Road34
SOUTH BURLINGTON ZONING BOARD OF ADJUSTMENT
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Bret and Diana Kernoff Request for a conditional use approval,
1203 Williston Road
Findinus of Fact_ Conclusions of Law & Order
This matter came before the South Burlington Zoning Board of Adjustment on July 13, August 10, and
August 24, 1998 by application of Bret and Diana Kemoff for a conditional use approval to operate an
amusement arcade and a teenage dance club, located at 1203 Williston Road according to plans submitted.
The Board of Adjustment finds as follows:
1. The property in question is located within a Commercial 1 District, the proposed uses require conditional
use review under Section 1.2.202 and 12.212 of the zoning by-laws.
2, The applicants are owners of adjoining properties, 1197 &. 1203 Williston Road,
3. The property is developed by three structures, the uses are retail sales, residential and storage.
4. The lots in question contain a total of 21,280 square feet, 1203 Williston Road contains 11,680 square
feet. The building under review contains approximately 3000 square feet of usable floor area.
5. Access to the parking area, located in the rear is provided by a forty (40) curb cut which also provides
access to 1197 Williston Road.
6. A traffic study and a five (5) year accident report was submitted into evidence by Robert Alexander
traffic engineer, Pinkham Engineers Associates, Inc.
7. School Superintendent, Bruce Chattman supports substance free activities for youth and has offered use
of the Central School parking lot for parking school buses and any over flow of customer vehicle's.
S. The proposed use will not have any adverse affect on the capacity of existing or planned municipal or
education facilities.
9. The essential character of the neighborhood will not be adversely affected due to nature of the activity
already in place on Williston Road that is akin to the configuration of groups of people, schools, fast food
restaurants, movie: theaters and arcades.
10. Traffic on roads and highways will be affected by the influx of large groups of children and teenagers
attending events at this facility. Safety is a prime concern given the high volume of traffic during peak
hours and during proposed use times.
11. No adverse affect on the bylaws or renewable energy resources_
12. There is a potential adverse affect on the general public health and welfare. The nature of children is
to be exuberant and full of fun and the character of the events to be held on this site will add to this level of
excitement. The location on Williston Road does not lead to a fail safe environment for arrival and
departure of children without some form of direct supervision and control. Stipulative conditions must also
be in effect on this approval to mitigate these concerns.
Stipulations:
I. Hours of operation shall be limited to 7 P.M- to 12:00 P.M. Monday through Friday, and 12 noon until
midnight, Saturday and Sunday, Maximum capacity shall not exceed 150 or as permitted by State limits,
whichever is less.
2. participants shall be restricted to children not to exceed the age of high school seniors.
3. Reasonable care must be exercised by the appellant to insure utmost safety for the arrival and departure
of children at the site. Reasonable care shall consist of supervised control of the children on the site so as
not to allow free access to traffic conditions prevalent on Williston Road.
4. Parking lot shall be kept safe and free of vehicles not directly connected with the event currently being
held. 1203 Williston Road permitted parking shall not consist of any parking spaces behind 1197 Williston
Road.
5. Non public events (private) at this site shall be limited to those that deal expressly with the defined age
group cited in stipulation #2. All events shall be substance free.
6. Agreement with the School Department (as presented in the record) and all necessary insurance must
remain in effect at all times or this permit is rescinded.
7. Permanent easements shall be granted to and from each property (11.97 and 1203) to provide adequate
ingress and egress on the property-
8. Busses and vans are prohibited from entering the property and/or from loading or discharging
passengers on Williston Road.
9. 'Tbcre shall be no parked cars permitted in the entryway to the property, thereby eliminating two (2)
parking spaces on the side of the building.
10. Right turns only are permitted by vehicles exiting the premises, No left turns shall be permitted and the
Applicant shall provide adequate signage to this affect,
11, Applicant must secure necessary state and local permits within six (6) months of approval of this
application.
12, These stipulations shall be reviewed for adjustment by the ZBA one year from the date of the original
appeal dated 7/13/98.
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ORDER
The conditional use to opuate a teenage dance club in accordance to the evidence and testimony of file,
located at 1203 Williston Road is hereby GRANTED
Dated at City Halt, South Burlington, Vermont this day of
- Fred Blais, Chairman
1998
SEP 1 4 1998