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HomeMy WebLinkAboutAO-01-01 - Decision - 0046 Swift Street#AO-01-01 DEVELOPMENT REVIEW BOARD CITY OF SOUTH BURLINGTON Re: APPEAL OF ALBERT & MARIE ST. AMAND This matter came before the South Burlington Development Review Board pursuant to the provisions of 24 VSA §4464(a) on appeal cf Albert & Marie St. Amand, hereinafter"Appellants," from the decision of the Administrative Officer to issue Notice of Violation #NV-01-03 dated Januarv, ?, 2001. The Appellants have also requested a Stay of Enforcement with regards to the violation. The Appellants were present at the public hearing held on 3/20/01 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: FINDINGS OF FACT 1. The owner of record of this property located at 46 Swift Street is Easy Self Storage, LLC. 2. This is an appeal of the Administrative Officer's decision to issue Notice of Violation #NV-01-03 dated 1/2/01 and a request for a Stay of Enforcement of the alleged violation. This property located at 46 Swift Street lies within the C1 District. 3. Staff discovered that a large red mobile home/trailer type structure was located on the property. A research of the files indicated that this structure was not approved as part of a site plan approved for the property on 4/8/86. It was also not shown on the site plan approved on 2/14/01. 4. Section 26.10, Site Plan Review, of the zoning regulations requires that site plan approval be obtained prior to the issuance of a zoning permit for any "... expansion of use..." This structure is used for storage on a lot containing five (5) warehouse buildings and an office building. The placement of the trailer structure on the property constitutes an expansion of use which does not have site plan approval and does not have a zoning permit. Warehouse use is neither a permitted nor a conditional use in the C1 District so approval for the trailer structure would not be permitted. 5. On January 2, 2001 the Administrative Officer sent by Certified Mail Notice of Violation #NV-01-03 informing the property owner Easy Self Storage, LLC that they were in violation for allowing the storage of a large red mobile home/trailer type structure on the property without an amended site plan approval and without a zoning permit. 6. On January 9, 2001, Albert and Marie St. Amand filed a Notice of Appeal appealing the issuance of the Notice of Violation and requested a stay of enforcement. CONCLUSIONS of LAW The South Burlington Development Review Board concludes that the Appellants placed or caused to be placed a large, red mobile home/trailer type structure on their 46 Swift Street property without amended site plan approval and without a zoning permit. DECISION Based on the above Findings of Fact and Conclusions of Law, the South Burlington Development Review Board hereby denies the Appellants' request to overturn the Administrative Officer's decision of 1/2/01 that the Appellants' property is in violation of the zoning regulations and affirms said decision. The Board also denies thAppellants' request for a Stay of Enforcement. Dated this day of June, 2001 at South Burlington, VT Chairman or Clerk ;7south Burlington Development peview Board C:\Maire\New Folder\DRB - Findings - St. Amand 6-5-01.doc