HomeMy WebLinkAboutZB-99-30 - Decision - 0069 Pinnacle Drive#ZBA-99-30
DEVELOPMENT REVIEW BQARD
CITY OF SOUTH BURLINGTON
Re: APPEAL OF JOHN LARKIN-DECISION OF ADMINISTRATIVE OFFICER
This matter came before the South Burlington Development Review Board
pursuant to the provisions of 24 VSA 4464(a) on appeal of John Larkin,
hereinafter "Appellant", from the decision of the Administrative Officer that the
appellant is in violation of the zoning regulations for having constructed a single
family swelling at 69 Pinnacle Drive which exceeds the 417.565 foot mean sea
level elevation maximum allowed under Section 22.401 of the zoning regulations.
The Appellant was present at the public hearing held on 7/11/00 relative to this
appeal. Based on the evidence submitted at the hearing and as part of this
appeal, the South Burlington Development Review Board hereby renders the
following decision on this appeal:
FINDINGS OF FACT
The owners of record of this particular property are Michael & Kathryn
Luciano. The owner at the time of the issuance of the Notice of Violation
was John Larkin.
2. This property is located at 69 Pinnacle Drive (formerly 6 Pinnacle Drive).
3. This property is located within the Southeast Quadrant Zoning District and
Dorset Park View Protection Zone A. This view protection zone limits any
structure or portion of a structure to a maximum height limit of 417.565
feet above mean sea level.
4. Information provided by the appellant indicates that the maximum height
of the house is 419.21 feet above mean sea level or 1.645 feet higher
than permitted.
5. A Notice of Violation was sent to John Larkin on 6/30/99 informing him of
the violation for exceeding the height limitation.
CONCLUSIONS OF LAW
The Development Review Board, based on the facts of the matter, concludes
that the Administrative Officer acted properly in determining that the house at 69
Pinnacle Drive exceeds the view protection zone height limitation of 1.645 feet.
DECISION
Based on the above Findings of Fact and Conclusions of Law, the South
Burlington Development Review Board hereby denies the Appellant's request to
overturn the Administrative Officer`s decision of 6/30/99 and affirms said
decision.
Dated this ) ) day of July, 2000 at South Burlington, VT.
Chairman or Clerk
South Burlington Development Review Board