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HomeMy WebLinkAboutAO-08-07 - Decision - 0102 Ethan Allen DriveCITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING JOYCE BELTER — 102 ETHAN ALLEN DRIVE APPEAL #AO-08-07 FINDINGS OF FACT AND DECISION Joyce Belter, hereinafter referred to as the appellant, appeals the decisions of the Administrative Officer in Notice of Violation #NV-08-08, 102 Ethan Allen Drive. The Development Review Board held a public hearing on Tuesday, June 3, 2008. Mark Sperry, Esq. represented the appellant. Based on testimony provided at the above mentioned public hearing and the plans and supporting materials contained in the document file for this application, the Development Review Board finds, concludes, and decides the following: FINDINGS OF FACT 1. On April 23, 2008, the Administrative Officer mailed via Certified Mail Return Receipt, a Notice of Violation dated April 16, 2008, to Joyce Belter for a zoning violation at 102 Ethan Allen Drive (#NV-08-07 — EXHIBIT 1). 2. The Notice of Violation described the violation as: "Altered the existing grade of your above referenced property in the vicinity of 44 Country Club Drive by placing or allowing to be placed fill, gravel, sand, loam, topsoil or other similar material in an amount equal to or greater than 20 cubic yards without approval of the Development Review Board and a zoning permit". 3. A Notice of Appeal (#AO-08-07) was filed on 4/29/08 by Joyce Belter (EXHIBIT 2), hereinafter referred to as "Appellant", appealing the Administrative Officer's determination in Notice of Violation #NV-08-08. 4. A public notice on the appeal was published in Seven Days on May 14, 2008 (EXHIBIT 3). 5. The fill, gravel, sand, loam, topsoil, or other similar material placed on the Appellant's property by Terry & Bethany Lieberman is depicted on a plan entitled, "Topographic Survey for Terry & Bethany Lieberman 44 Country Club Drive So. Burlington, Vermont", prepared by Vermont Land Surveyors, Inc., last revised on March 14, 2008 (EXHIBIT 4). The Liebermans' agent informed the Administrative Officer that the Liebermans placed approximately 200 cubic yards of fill, gravel, sand, loam, topsoil, or other similar material on the Belters' property. CONCLUSIONS OF LAW 1. Section 3.12 of the Land Development Regulations requires approval of the Development Review Board for the placement of fill, gravel, sand, loam, topsoil, or other similar material equal to or greater than 20 cubic yards (EXHIBIT 6). 2. No one has obtained approval from the Development Review Board for the placement of more than 20 cubic yards of fill, gravel, sand, loam, topsoil, or other similar material on Appellant's property. 3. Section 17.02 of the Land Development Regulations states, in relevant part, that "no land development may be commenced within the area affected by these regulations without a zoning permit issued by the Administrative Officer" (EXHIBIT 7). The definition of "land development" includes "[t]he construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining, excavation or landfill ..." See Article 2 of the Land Development Regulations. Since land development has taken place on the 102 Ethan Allen Drive property without a zoning permit, the Board concludes that the Appellant is in violation of the Land Development Regulations and 24 V.S.A. section 4449(a)(1). 4. No one has applied for or obtained a zoning permit for the placement of more than 20 cubic yards of fill, gravel, sand, loam, topsoil, or other similar material on Appellant's property. Since no zoning permit has been issued for placement of fill by the appellants on the 102 Ethan Allen Drive property, the Board concludes that the Appellant is in violation of the Land Development Regulations and 24 V.S.A. section 4449(a)(1). DECISION Motion by 1 ( � 0V seconded by NtVCC &01 10k , to uphold the decision of the Administrative Officer to issue Notice of Violation #NV-08-08, 102 Ethan Allen Drive. Mark Behr — yea/nay/abstain/not present Matthew Birmingham — re nay/abstain/not present John Dinklagee�e�a /nay/abstain/not present Roger Farley —ay/abstain/not present Eric Knudsen —yea/nay/abstain not r s Peter Plumeau — /nay/abstain not rese Gayle Quimby — ea ay/abstain/not present Motion carried by a vote of ) - - v Signed this day of 2008, by John Dinklage, Chair Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRECP 5 in writing, within 30 days of the date this decision is issued. The fee is $225.00. 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 VSA 4472 (d) (exclusivity of remedy; finality).