The URL can be used to link to this page

Home My WebLink AboutDR-00-27 - Decision - 0002 0004 Market Street#DR-00-27 FINDINGS OF FACT AND DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, design review application #DR-00-27 of Kershner Signs to install an 11.1 square foot internally illuminated "Vermont Air National Guard" sign and the implementation of a master signage plan for the property located at 100 Dorset Street. On the 6th of March, 2001, the South Burlington Development Review Board approved the design review application of Kershner Signs Section 4 and Section 23 of the South Burlington Sign Regulations based on the following findings: The project consists of installing an 11.1 square foot internally illuminated "Vermont Air National Guard" sign and implementing a master signage plan for the property located at 100 Dorset Street. The master signage plan includes: 1) a 11.1 sq. ft internally lit "Vermont Air National Guard" sign which utilizes a red and blue background with white lettering, 2) a 42 sq. ft. "The Rugged Bear" non -illuminated wall sign, 3) a 15.98 sq. ft. "The Rugged Bear" non - illuminated wall sign, 4) a 20.17 sq. ft. cut-out letter "Cork & Board Restaurant" back lit wall sign, 5) a 16 sq. ft. "Eastern Mountain Sports" non -illuminated wall sign, 6) a 39 sq. ft. internally illuminated cut-out letter "Eastern Mountain Sports" wall sign, 7) a 46.3 sq. ft. internally illuminated cut-out letter "Dakin Farms" wall sign, 8) a 20 sq. ft. "Blue Heron Gallery" non - illuminated wall sign, 9) a "Barnes & Noble Booksellers" illuminated wall sign,10) an 100 sq. ft. "Barnes & Noble Booksellers" illuminated wall sign, 11) a 32 sq. ft. internally illuminated "Barnes & Noble Booksellers" freestanding sign which employs a dark green background and white letters, 12) a 26.7 sq. ft. internally illuminated "Wild Bird Center" cut out letter wall sign, 13) a 99.9 sq. ft. non -illuminated "Natural Foods Market" wall sign, 14) a 45 sq. ft. non - illuminated "Pet Supplies & Grooming" wall sign, 15) a 30.38 sq. ft. indirectly lit "Quilters Courtyard" wall sign, 16) a 1.9 sq. ft. "Judge Company" sign, and 17) a directory sign. 2. The owner of record is Tekram Partners. 3. This property located at 100 Dorset Street and 2 & 4 Market Street lies within the Cl and CD1 Districts. It is bounded on the north by a commercial building used for personal service and retail, on the east by a hotel and undeveloped property, on the south by a hotel, and Market Street, and on the west by Dorset Street. 4. The Design Review Committee reviewed this application at their November 27, 2000 December 19, 2000, January 22, 2001, and February 20, 2001 meetings. It was the Committee's determination that the master signage plan was incomplete as it did not provide specifications for proposed signs in terms of material, colors, and lighting as required by Section 23 (c) of the Sign Ordinance. The master signage plan submitted also did not address the non -conforming signs currently on the property as required by Section 23 (h) of the Sign Ordinance. This section of the ordinance states as follows: "If any new or amended Master Signage Plan is filed for a property on which existing signs are located, it shall include a schedule for bringing into conformance, within two (2) years, all signs not conforming to the proposed amended plan or to the requirements of this ordinance in effect on the date of the submission." This application was continued from the Committee's November meeting to allow the applicant to file a complete master signage plan. The applicant has been provided an opportunity at each of the monthly meetings since that time to address these issues and has not. 5. Existing Signs Not Conforming: The master signage plan submitted provides information that identifies the Dakin Farm sign and the Blue Heron sign currently exceed the maximum allowable sizes. These signs must be brought into conformance within two years of this approval. A schedule for bringing these signs into compliance prior was requested and not provided. 6. Ille Signs: The Animal Crackers sign identified as part of the master signage plan is an expired temporary sign. This sign must be removed or a permit obtained immediately. DECISION AND CONDITIONS Based on the above Findings of Fact, the South Burlington Development Review Board approves design review application #DR-00-27 of Kershner Signs to install an 11.1 square foot internally illuminated "Vermont Air National Guard" sign and the implementation and the implementation of a master signage plan for the property located at 100 Dorset Street. The master signage plan includes: 1) a 11.1 sq. ft internally lit "Vermont Air National Guard" sign which utilizes a red and blue background with white lettering, 2) a 42 sq. ft. "The Rugged Bear" non -illuminated wall sign, 3) a 15.98 sq. ft. "The Rugged Bear" non -illuminated wall sign, 4) a 20.17 sq. ft. cut-out letter "Cork & Board Restaurant" back lit wall sign, 5) a 16 sq. ft. "Eastern Mountain Sports" non -illuminated wall sign, 6) a 39 sq. ft. internally illuminated cut-out letter "Eastern Mountain Sports" wall sign, 7) a 46.3 sq. ft. internally illuminated cut-out letter "Dakin Farms" wall sign, 8) a 20 sq. ft. "Blue Heron Gallery" illuminated wall sign, 9) a "Barnes & Noble Booksellers" illuminated wall sign,10) an 100 sq. ft. "Barnes & Noble Booksellers" illuminated wall sign, 11) a 32 sq. ft. internally illuminated "Barnes & Noble Booksellers" freestanding sign which employs a dark green background and white letters, 12) a 26.7 sq. ft. internally illuminated "Wild Bird Center" cut out letter wall sign, 13) a 99.9 sq. ft. non -illuminated "Natural Foods Market" wall sign, 14) a 45 sq. ft. non -illuminated "Pet Supplies & Grooming" wall sign, 15) a 30.38 sq. ft. indirectly lit "Quilters Courtyard" wall sign, 16) a 1.9 sq. ft. "Judge Company" sign, and 17) a directory sign, 100 Dorset Street, as depicted on a two (2) page set of plans, page one entitled "100 Dorset Street Complex", 2 prepared by Trudell Consulting Engineers, with a stamped received date of 12/15/00 based on the following information: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. This approval of the proposed sign design is based solely on the application's compliance with the design review criteria contained in Section 4 and Section 23 of the South Burlington Sign Ordinance. The determination of whether or not this application complies with all other requirements contained in the sign ordinance shall be made by the Code Officer. 3. The plans shall be revised to show the changes listed below and shall require approval of the Director of Planning and Zoning. One copy of the approved revised master signage plan shall be submitted to the Director of Planning & Zoning prior to issuance of a sign permit. a) Identify all non -conforming signs and include a schedule in which these signs will be brought into conformance with the master signage plan and Sign Ordinance. All non- conforming signs must be brought into conformance within two years of approval. b) Identify specific materials, colors, and lighting which provide consistency for all existing and proposed signs for each structure on the property. 4. The applicant shall obtain a sign permit pursuant to Section Five of the Sign Ordinance or this approval is null and void. 5. Any change to the master signage plans shall require review by the South Burlington Design Review Committee and approved by the Development Review Board excepting design review applications made to bring non -conforming signs into conformance with the master signage plan and the Sign Ordinance. These specific design review applications shall require administrative review only by the Code Officer if they are determined to comply with both the master signage plan and the Sign Ordinance in effect at the time of submittal. 3� hair or Clerk Date 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.R C.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). M