HomeMy WebLinkAboutVR-98-0000 - Decision - 0070 Bartlett Bay RoadSOUTH BURLINGTON ZONING BOARD OF ADJUSTMENT
STATE OF VER-MONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re Chris and Michelle Starr Request for a variance,
70 Bartlett Bay Road
Findings of Fact, Conclusions of Law & Order
This matter came before the South Burlington Zoning Board of Adjustment on August 10, 1998 by
application of Chris and Michelle Starr, for a variance to construct a 10' x 12' deck to within six (6) feet of
the low water level, within the Conservation/Open Space District along Lake Champlain, located at 70
Bartlett Bay Road according to plans submitted. The Board of Adjustment finds as follows:
1) Boundaries of the Conservation/Open Space District is at 150 feet horizontal distance along Lake
Champlain. Section 3.40 prohibits construction within this district.
2) The area is non -complying , all structures along the westerly side of Bartlett Bay Road are located
within the Conservation/Open Space District.
3) The Army Corp of Engineering have ruled that they have no jurisdiction regarding the location of
the proposed deck.
4) The applicant has an easement and beach rights of twenty five (25) feet. Access to the lake was
pre-existing by means of stairs.
5) Heindel and Noyes Consulting Engineers have surveyed the deck to determine it's location to the
boundaries of the Conservation/Open Space District. They are of the opinion that the support post
meet the ground at elevation 100.5 feet.
6) No addition or alterations are permitted within this area of Bartlett Bay Road without a variance.
7) The proposed deck replaces a concrete structure which has eroded over the years
8) Deck provides a safe access to the lake for the applicant.
9) This appeal has support of the surrounding neighbors.
ORDER
The variance to construct a 10' x 12' deck at 70 Bartlett Bay Road is hereby GRANTED
Dated at City Hall, South Burlington, Vermont this 14 day of 1998
AUG 2 4 V98