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HomeMy WebLinkAboutSN-02-0000 - Decision - 0110 Kimball AvenueFINDING5 OF FACT & DFC1510L1 5TATE OF VERMONT COUNTY OF CHITTENDEN s�,/ — p Z _ o ep CITY OF 5OUTH BURLINGTON Re: Findings of Fact, application of 120 Kimball, LLC Seeking approval to enlarge a landscape feature, 110 Kimball Avenue. On the 17t" day of December 2002, the 5outh Burlington Development Review Board approved the request of 120 Kimball, LLC for expansion of a landscape feature under Section 14 (b) of the 5outh Burlington Sign Ordinance based on the following findings: 1. This project consists of approval of a landscape feature to which a proposed sign is to be attached. 2. The owners of record of this property are R.T. Willis Trust & Robert V. & Beverly Willis. 5. The property located at 110 Kimball Avenue is within the Mixed Industrial Commercial District. 4. 5ection 14 of the 5outh Burlington 5ign Ordinance (b) states: (b) "A landscape feature to which a sign is proposed to be attached must be approved by the 5outh Burlington Review Board (DRB) as part of its issuance of a permit for the lot on which the sign is proposed." 5. The landscape feature is of brick and concrete. This sign exists on the property. Due to the need for additional room on the sign, the applicant is coming before the Board to add another course of brick and concrete block. 6. Height of the landscape feature: The sign as measured from the finished grade is five (5) feet, maximum allowed is six (6) feet. 7. There were no issues. Staff recommended approval. PEC15ION & CON_DITIO_N5 Based on the above Findings of Fact, the South Burlington Development Review Board approves application of 120 Kimball, LLC seeking approval to enlarge a landscape feature, 110 Kimball Avenue, as depicted on a two (2) page set of plans, page one (1) entitled "110 Kimball Avenue 5outh Burlington, Vermont 5ign Elevation", prepared by 5cott & Partners Architects, dated 10/5/01, last revised on 10/18/02, 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 All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2.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 5ection Five of the Sign Ordinance or this approval io null and void. 4. This approval of the proposed landscape feature expansion for use ao oignage io based solely on the application's compliance with 5ection 14 (g) of the 5outh 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. Chair or"'C� 5outh Burlington Development Review board / Z 2 C-9 Date Pleaoe note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 V5A 4471 and VRCP 76 in writing, within 30 days of the date this decision io 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 loot because you waited too long. You will be bound by the decision, pursuant to 24 V5A 4472 (d) (excluoivity of remedy; finality).