HomeMy WebLinkAboutSP-90-0000 - Decision - 0155 Market StreetFINDINGS OF FACT & DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN S ��' p - Jbo e-1
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application of shown poon .for
of one (1) residential unit within an existing building used for
restaurant use (China Lite) thereby creating a mixed
restaurant/residential use building, Corporate Way.
On the 22nd of May 1990, the South Burlington Planning Commission
denied the above referenced site plan under Section 19.10 of the
South Burlington Zoning Regulations based upon the following
findings:
1. China Lite proposes to convert part of its unused restaurant
space and a portion of its attic to a 4 bedroom, 1,460 square
foot residential apartment unit. The apartment would have to
meet State building code requirements and City of South Burling-
ton requirements such as a maximum of 5 unrelated persons living
in the unit.
2. This structure is noncomplying since it does not meet setback
requirements. Section 1.80 of the City Center Zoning Regulations
prohibits alterations to noncomplying structures except for
alterations to facades and exterior finishes. The proposal
includes the construction of a dormer for the second floor of the
unit..
3. Access: Access to the property would remain as is. Access
to the unit would be provided by a separate entrance on the west.
4. Setbacks/Coverage: The structure does not meet the 80 foot
building envelope setback. Coverage requirements are met.
Density (F.A.R.) requirements are met.
5. Parking: The restaurant. has 350 fixed seats. The 350 fixed
seats, 500 square foot lobby area and one unit apartment requires
a total of 119 parking spaces. 133 parking spaces are shown.
6. Sewer: The new unit will require an additional 450 gpd sewer
allocation.
7. Landscaping: $1500 in new .landscaping is required. No new
landscaping is proposed.
DECISION
Based upon the above findings, the Planning Commission denies the
site plan application of Shuen Poon for conversion of 1,460
square feet within an existing restaurant building to one resi-
dential unit thereby creating a mixed restaurant/residential
structure as depicted on a 3 page set of plans, page one entitled
"China Lite Restaurant, Corporate Circle, South Burlington,
Vermont, Floor Plan, Proposed 4 bedroom, 2 story Apartment,"
prepared by T.W.B. and dated 5/1/90 for the following reason:
1. The existing structure is nonconforming as it does not meet
setback requirements as defined in Section 1.602 of the South
Burlington Central District Zoning Ordinance. Section 1.80 of
the same regulation prohibits alterations to a noncomplying
structure except for alterations to facades and exterior finish-
es. It is the Commission's determination that the proposed
construction of the dormer constitutes a substantial alteration
and does not classify as a facade or exterior finish alteration.
Therefore, the proposal does not meet the provisions of Section
1.80 of the South Burlington Central District Zoning Ordinance.
South Burlington Planning Commission