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HomeMy WebLinkAboutSN-02-0000 - Decision - 0040 IDX DriveFINDINGS OF FACT AND DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, permanent sign application of IDX Systems Corp. seeking approval of a landscape feature sign, 40 IDX Drive. On the I" of October 2002, the South Burlington Development Review Board approved the request of IDX Systems Corporation seeking approval under Section 14 (b) and (g) of the South Burlington Sign Ordinance based on the following findings: 1) This project consists of approval of a landscape feature to which a sign is proposed to be attached. 2) The owner of record is IDX Systems Corporation. 3) The property located at 40 IDX Drive is within the Commercial 2 District. 4) The landscape panel is a stacked stone wall which is existing and currently is in violation as it has an IDX sign attached to it without a sign permit. 5) Height of the landscape feature: The height of the sign as measured from finished grade is at its tallest point is 78 inches or 6.5 feet (maximum allowed is six (6) feet). The average height of the proposed landscape feature as measured from finished grade is 4.7 feet. 6) (g) "No landscape feature to which a sign is attached may exceed six (6) feet in height from finished grade at any point, or four (4) feet in average height, from the finished grade at the base of the landscape feature. The DRB may allow up to a maximum of seven (7) feet in height from finished grade and up to a maximum of five (5) feet in average height from the finished grade around the base of the landscape feature, upon a finding that the sign as proposed; 1. Will not appear unduly bulky or massive from any public street, sidewalk, public land, or traveled way, 2. Will not present a hazard to traffic or pedestrian safety; and 3. Will be in keeping with the scale and character of other landscaping on the same and adjacent lots." 7) The landscape feature is setback from the roadway and does not appear unduly bulk or massive, does not present a hazard to either pedestrians or traffic, and is in keeping with the scale and character of other landscaping. Staff had no issues with this application, and recommended approval. DECISION AND CONDITIONS Based on the above Findings of Fact, the South Burlington Development Review Board approves the landscape feature of IDX Systems Corp. at 40 IDX Drive, as depicted on a two (2) page set of plans, page one (1) entitled "Entrance Sign Elevation Option C-33" letter HGT" prepared by the Office of H. Keith Wagener Landscape Architects, dated 12/4/00, with the following stipulations: 1) All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2) Any change to the landscape feature shall require approval by the South Burlington Development Review Board. 3) The applicant shall obtain a sign permit pursuant to section Five of the Sign Ordinance or this approval is null and void. 4) This approval of the proposed landscape feature for use as signage is based solely on the application's compliance with Section 14 (g) of the South Burlington Sign Ordinance. The determination of whether or not the sign application complies with all other requirements contained in the sign ordinance shall be made by the Code Officer. 12 L� , /o /S- 6Z Cha' or Clerk 41Date 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). 0)