HomeMy WebLinkAboutVR-97-0000 - Decision - 0078 Bartlett Bay RoadI
SOUTH BURLINGTON ZONING BOARD OF ADJUSTMENT
STATE OF VERMONT 1-7 -
Re: Richard Reed and Request for Variance
Barbara Reed 78 Bartlett Bay Road
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
This matter came before the South Burlington Zoning Board of
Adjustment on October 13, 1997 and October 27, 1997 by application
of Richard and Barbara Reed the appellants, for a variance to build
a storage dock and staircase at mean water line one hundred and ten
(110) feet over sea level at 78 Bartlett Bay according to plans
submitted. The Board of Adjustment took evidence and heard
testimony. The Board of Adjustment finds and concludes:
1) 78 Bartlett Bay is a residential use on Lake Champlain and is
located in the C.O. District.
2) The residential use is a pre-existing non -conforming use.
3) Historically, a dock and stairs has existed in approximately
the same location as the proposed dock and stairs.
4) The proposed dock and stairs are structures.
5) A variance is required in the C.O. District for structures
since the regulations prohibit structures in that district.
6) The proposed dock qualifies for a variance as follows:
a) The land and topography are unique because of the
proximity of Lake Champlain.
b) The current shoreline consistent of boulders, rocks and
other "rip rap" creating safety concerns for the existing
residential use and due to the "rip rap" limits the
storage area in front of the residence.
c) Lake Champlain and its perils were not created by the
appellants.
d) The storage dock is the minimum needed to safely protect
watercraft, equipment and human health on the steep
embankment.
e) The residential use is lawful existing, although
presently a non -conforming use.
7) The proposed plan includes a portable floating dock to be
anchored to existing concrete blocks.
ORDER
The variance to construct a dock and staircase at 78 Bartlett Bay
is GRANTED.
Dated at City Hall, South Burlington, Vermont this (0 day o f
r) 1997.
'Ad-ndall Kay
�5eorg%-Chamberland
YA A,
.,,nne Mw�ray
N U V 10 1997