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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: - 1 - #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). -2-