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HomeMy WebLinkAboutMS-99-0000 - Decision - 0025 Bay Crest DriveDEVELOPMENT REVIEW BOARD CITY OF SOUTH BURLINGTON RE: APPEAL OF BAYCOURT CONDOMINIUM ASSOCIATION This matter came before the South Burlington Development Review Board pursuant to the provisions of 24 VSA 4464(a) on appeal of Baycourt Condominium Association from the decision of the Administrative Officer to issue Zoning Permit #99-344 to Douglas Isham to enclose a W x 13' portion of an existing deck, 25 Baycrest Drive, #109. The appellants were present at the public hearing held relative to this appeal. Based on evidence submitted at the hearing and as part of this appeal, the Development Review Board hereby renders the following decision: FINDINGS OF FACT 1. The owner of record of the particular property on which the deck exists and for which a zoning permit was issued to enclose a portion of the deck is Baycourt Condominium Association. 2. The Administrative Officer issued zoning permit #99-344 on September 17, 1999 to Douglas Isham at 25 Baycrest Drive, #109 to enclose a 10' x 13' portion of an existing deck. Douglas Isham listed himself as the owner of the property. 3. On October 1, 1999, the Baycourt Condominium Association appealed the issuance of zoning permit #99-344 on the grounds that the zoning permit application listed the incorrect name of the property owner. 4. Zoning permits must be issued to landowners. CONCLUSIONS OF LAW Since zoning permits must be issued to landowners and Douglas Isham is not the landowner of the deck onto which the enclosed portion was to be constructed, the Development Review Board concludes that zoning permit #99-344 should not have been issued. DECISION Based on the above Findings of Fact and Conclusions of Law, the South Burlington Development Review Board hereby grants the appeal of the Baycourt Condominium Association to reverse the decision of the Administrative Officer to issue zoning permit #99-344 to Douglas Isham to enclose a 10' x 13' portion of an existing deck, 25 Baycrest Drive, #109. I Dated this ! day of November, 199 at South Burlington, VT Chairman or'Clerk L"--/SOuth Burlington Development Review Board