HomeMy WebLinkAboutAgenda 05A_AO-19-02_730 Shelburne Rd_Dennys_SC
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
TO: South Burlington Development Review Board
FROM: Marla Keene, Development Review Planner
SUBJECT: AO‐19‐02 730 Shelburne Road Appeal
DATE: April 16, 2019 Development Review Board meeting
Dennys Inc., hereinafter referred to as the applicant, is appealing the decision of the Zoning Administrative
Officer to deny the Certificate of Occupancy, 730 Shelburne Road. A memorandum describing the background
and facts of the case is included in the packet for the Board. This cover memorandum summarizes the question
to be decided by the Board.
The State statute governing appeals of the administrative officer’s decisions is as follows.
24 V.S.A. § 4465. Appeals of decisions of the administrative officer
(c) In the exercise of its functions under this section, a board of adjustment or development review board
shall have the following powers, in addition to those specifically provided for elsewhere in this chapter:
(1) To hear and decide appeals taken under this section, including, without limitation, where it is alleged
that an error has been committed in any order, requirement, decision, or determination made by an
administrative officer under this chapter in connection with the administration or enforcement of a
bylaw.
(2) To hear and grant or deny a request for a variance under section 4469 of this title.
In other words, the Board must determine whether an error has been made by the Zoning Administrative
Officer in enforcing the Land Development Regulations. The appellant has not requested a variance.
The subject property received site plan approval for revising the parking layout, adding a pole light in the
parking lot, enlarging the dumpster storage area, and other minor site modifications on June 20, 2018 (#SP‐18‐
27). During construction of improvements associated with #SP‐18‐27, minor changes were made to the
planned site layout and the subject property received site plan approval for revising the parking layout,
relocating the dumpster, and other minor site modifications on August 28, 2018. The Administrative Officer
denied the certificate of occupancy application on the following basis:
1. The lighting on the exterior of the southeasterly corner of the building does not comply with Section
13.07(A) of the Land Development Regulations.
#AO‐19‐02
2
13.07 Exterior Lighting
A. General Requirements. All exterior lighting for all uses in all districts except for one‐
family and two‐family uses shall be of such a type and location and shall have such shielding
as will direct the light downward and will prevent the source of light from being visible from
any adjacent residential property or street. Light fixtures that are generally acceptable are
illustrated in Appendix D. “Source of light” shall be deemed to include any transparent or
translucent lighting that is an integral part of the lighting fixture(s). Site illumination for
uncovered areas shall be evenly distributed. Where feasible, energy efficient lighting is
encouraged.
2. Condition 6 of the findings of fact and decision on #SP‐18‐27 is not met.
#SP‐18‐27 Condition 6: All exterior lighting must be installed or shielded in such a manner as to
conceal light sources and reflector surfaces from view beyond the perimeter of the area to be
illuminated.
3. Condition 5 of the findings of fact and decision on #SP‐18‐43 is not met.
#SP‐18‐43 Condition 5: All exterior lighting must be installed or shielded in such a manner as to
conceal light sources and reflector surfaces from view beyond the perimeter of the area to be
illuminated.
The applicant has declined to amend the construction or operation of the property to comply with the
standard, and requested the administrative office deny the application for certificate of occupancy in order to
allow the matter to be presented to and decided by the Development Review Board.
The applicant has described in their application form that they are requesting the following from the Board:
“Please grant the illuminated slat wall system that was approved during the permit process. We
submitted all the requested documentation and at no point were we told this was not allowed. This
was approved by Ray Belair”
Staff notes the Board is not required to develop a solution to the lighting standard identified herein; it merely
must decide whether to uphold the administrative officer’s decision that the property is not eligible for a
certificate of occupancy because it does not meet all requirements of applicable ordinances.
RECOMMENDATION
Staff recommends that the Board discuss the Project with the applicant and close the meeting.
Respectfully submitted,
____________________________________
Marla Keene, Development Review Planner