HomeMy WebLinkAboutAO-22-01 - Supplemental - 0410 Golf Course Road (8)
180 Market Street, South Burlington, Vermont 05403 | 802-846-4106 |
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Memorandum
To: Development Review Board
From: Dalila Hall, Zoning Administrative Officer
Date: May 4, 2022
Re: #AO-22-01, 410 Golf Course Rd. – Appeal of Administrative Officer for #ZP-22-071
Robert Cooper of 6 Park Road, the appellant, has filed an Appeal of the Administrative Officer’s decision
to issue zoning permit #ZP-22-071.
The applicant has cited Section 14.11 of the Land Development Regulations as the applicable standard.
Background:
- On 03/08/2021 zoning permit #ZP-21-056 was issued for work at 410 Golf Course Rd. (Exhibit A)
- In October 2021, I began receiving calls/emails from the appellant regarding the work at 410
Golf Course Road.
- On 11/17/2021 I was able to visit the site and took the following pictures (Exhibit B).
- Also on 11/17/2021, I sent the owners and their project representative the following letter via
email (Exhibit C).
- On 11/22/2021, I received the following pictures from the owners of 410 Golf Course Rd.
showing the previous conditions with an existing boulder retaining hill, the patio fountain at the
base of the hill, and the existing rear deck along with other hardscapes on the property (Exhibit
D).
- I received information and applications for two new zoning permits on January 7, 2022 – the
new applications were categorized by the type of work. One was for the exterior hardscaping
and the other was for the home renovations.
- After much review and discussions for clarification purposes, with the applicant and internally, I
issued permits zoning permits #ZP-22-071 (exterior hardscape) and #ZP-22-072 (home
renovations) on 03/21/2022.
- I used Section 14.11 F(1) of the LDR’s adopted February 7, 2022 but warned November 10, 2021
as the basis for issuing the permit. This section of the regulations was previously referenced as
Section 3.12 in the prior LDR’s effective 12/28/2020 – 11/09/2021 and the language was
unchanged from that version to the 02/07/2022 adopted version. It reads as follows:
o Alteration of Existing Grade. Approval Required. The removal from land or the placing on
land of fill, gravel, sand, loam, topsoil, or other similar material in an amount equal to or
greater than twenty (20) cubic yards, except when incidental to or in connection with the
construction of a structure on the same lot, shall require the approval of the
180 Market Street, South Burlington, Vermont 05403 | 802-846-4106 |
www.southburlingtonvt.gov
Development Review Board. The Development Review Board may grant such approval
where such modification is requested in connection with the approval of a site plan,
planned unit development or subdivision plat. This section does not apply to the removal
of earth products in connection with a resource extraction operation (see Section
14.11(G), Earth Products.)
o In particular, I applied this part of the section “except when incidental to or in
connection with the construction of a structure on the same lot,” in making my
determination that I could issue permit #ZP-22-071.
This concludes my testimony.
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Exhibit List:
“A” - #ZP-21-056
“B” – D. Hall site visit pics 11/17/2021
“C” – D. Hall notice letter 11/17/2021
“D” – 410 Golf Course Rd. owner pics of prior conditions