HomeMy WebLinkAboutAO-06-03 - Decision - 0025 Brigham Road#AO-06-03
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
MAGLI MOUSCARDY - 25 BARTLETT BAY ROAD
APPEAL #AO-06-03
FINDINGS OF FACT AND DECISION
Magli Mouscardy, hereinafter referred to as the appellant, is appealing the denial of
zoning permit #ZP-06-348 for a detached garage, 25 Brigham Road. The Development
Review Board held a public hearing on October 17, 2006. Julian Goodrich 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. The appellant is appealing the denial of zoning permit #ZP-06-348 for a detached
garage, 25 Brigham Road.
2. The appellant and owner of record of the property which is the subject of this
appeal is Magli Mouscardy.
3. The subject property is located in the Lakeshore Neighborhood Zoning District.
4. On September 11, 2006, the appellant submitted a zoning permit application for
construction of a detached garage and converting the existing attached garage to
a family room.
5. On September 13, 2006 the Administrative Officer assigned the application #ZP-
06-348 and denied the application on the grounds that the proposed garage
requires approval of the Development Review Board pursuant to Section
12.01(D) of the Land Development Regulations and this approval has not been
obtained.
6. On September 25, 2006, the appellant submitted a Notice of Appeal (#AO-06-03)
appealing the denial of Zoning Permit #ZP-06-348.
CONCLUSIONS OF LAW
1. The issue at hand is whether this property is located within a "Stream Buffer" as
described in Section 12.01(C)(1)(d) of the Land Development Regulations which
reads as follows:
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#AO-06-03
"All land within one hundred fifty (150) feet horizontal distance of the high water
elevation of Lake Champlain, which for the purposes of these regulations shall be
one hundred two (102) feet above mean sea level datum".
2. The 102 foot elevation line along the lake extends eastward from the lake along
Bartlett Brook which runs along the north portion of the property and the
corresponding 150 feet buffer extending from the 102 ft elevation encompasses
most of the property, and specifically encompasses the location of the proposed
garage.
3. The property is therefore clearly within the "stream buffer' necessitating approval
of the Development Review Board before a zoning permit can be issued.
n DECISION
Motion by ff-v �c.u�i�.g� , seconded by N471 10) /g1gAjMJ611 1q , to
uphold the decision of the Administrative Officer to deny Zoning Permit #ZP-06-348
nay/abstain/not present
Mark Behr —Q?0
Matthew Birmingham — e nay/abst ' not present
John Dinklage — ea/nay abstai of resent
Roger Farley — e /nay/abstain/not present
Eric Knudsen — /nay/abstain/not present
Peter Plumeau —b
/nay/abstain/not present
Gayle Quimby —nay/abstain/not present
Motion PASSED by a vote of 6, -6 -y
Signed this J-1 da of Or, �f 2006, by
Mark Behr, Vice Chairman
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRCP 76 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).
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