HomeMy WebLinkAboutSP-99-27 - Decision - 0016 Harbor View Road#SP-99-27
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, site plan application of John Larkin, Inc. to construct a canopy to the rear of
a 48 unit congregate housing facility, 16 Harbor View Road.
On the 29`i' day of June, 1999, the South Burlington Planning Commission approved the site plan
application of John Larkin, Inc. to construct a canopy to the rear of a 48 unit congregate housing
facility under Section 26.10 of the South Burlington Zoning Regulations based on the following
findings:
1. The ZBA on 5/24/99 granted the applicant a variance to allow the canopy to project into the
rear yard setback. The only issues affected by this application are: coverage, setbacks and
recreation path.
2. This property located at 16 Harbor View Road lies within the C2 and Bartlett Brook
Watershed Protection Overlay Districts. It is bounded on the north by Harbor View Road, on
the east by a congregate care facility, on the south by a congregate care facility and an industrial
building, and on the west by a light manufacturing facility.
3. The record owner of this property is John Larkin, Inc.
4. Coverage/setbacks: Building coverage is 24.8% (maximum allowed is 30%). Overall coverage
is 52.3% (maximum allowed is 70%). Front yard coverage is 16.5% (maximum allowed is 30%).
Setback requirements are not met for the proposed canopy. The ZBA on 5/24/99 granted the
applicant a variance to project 30 feet into the required 30 foot rear yard setback.
5. Recreation path: The proposed canopy will cross the existing recreation path and block its use
during the winter months. Since this canopy will cross a City easement with a structure, the City
Attorney advises that the City enter into a license agreement with this applicant if approved. Staff
recommended that the recreation path easement be open to the public at all times.
DECISION AND CONDITIONS
Based on the above Findings of Fact, the South Burlington Planning Commission approves the
site plan application of John Larkin, Inc. to construct a canopy to the rear of a 48 unit congregate
housing facility, 16 Harbor View Road as depicted on a plan entitled "Site Plan,
Allenwood/Harbor View, 90 Allen Road/16 Harbor View" prepared by Rabideau Architects, Inc.,
dated 3/29/99, with the following stipulations:
1. All previous approvals and stipulations which are not superseded by this approval shall remain
in effect.
2. The 20 foot recreation path easement shall be open to the public at all times.
3. Prior to permit issuance, the applicant shall obtain approval from the City Council to place the
structure across the City's easement. If approved by the City Council, the applicant shall enter
into a license agreement with the City to allow the canopy to cross the easement. The agreement
shall require approval of the City Attorney and shall be recorded in the land records prior to
permit issuance.
4. 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.
5. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative
Officer prior to the use of the canopy.
6. Any changes to the site plan shall require approval by the South Burlington Planning
Commission.
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Chairman or Clerk
South Burlington Planning Commission
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Date