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