HomeMy WebLinkAboutAO-08-12 - Decision - 0044 Country Club DriveCITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
TERRY & BETHANY LIEBERMAN - 44 COUNTRY CLUB DRIVE
APPEAL #AO-08-12
FINDINGS OF FACT AND DECISION
Terry & Bethany Lieberman, hereinafter referred to as the appellants, are appealing the
issuance of Notices of Violation #NV-08-15 and #NV-08-16 by the Administrative Officer
for zoning violations at 44 Country Club Drive.
The Development Review Board held and closed a public hearing on July 1, 2008. David
Rugh, Esq. represented the appellants.
Based on testimony provided at the above mentioned pubic 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 Administrative Officer mailed on May 30, 2008 via Certified Mail, Notice of
Violation #NV-08-15 to Terry Lieberman (EXHIBIT 1) and Notice of Violation #NV-08-16
to Bethany Lieberman (EXHIBIT 2), both dated May 28, 2008 for zoning violations at 44
Country Club Drive.
2. The Notices of Violation were for:
a. Constructing a single family dwelling without a zoning permit.
b. Constructing a single family dwelling in the required side/setback and in the
required front yard/setback without a zoning permit.
3. On June 6, 2008, Terry & Bethany Lieberman filed Notice of Appeal #AO-08-12
(EXHIBIT 3) appealing the issuance of the Notices of Violation referred to in item #1
above.
4. Terry & Bethany Lieberman are the record owners of 44 Country Club Drive.
5. A plan entitled, "Topographic Survey for Terry & Bethany Lieberman 44 Country Club
Drive So. Burlington, Vermont", prepared by Vermont Land Surveyors, Inc., with a last
revision date of March 14, 2008 was submitted with an application for a PUD (EXHIBIT
4).
6. The plan referred to in item #5 above depicts the existing house on the property. It
shows that the exterior of the house structure is seven (7) feet from the side property line
and the edge of the roof extending over the front steps is 23.25 feet from the front
property line.
7. This property is located in the R4 Zoning District which requires a minimum side
setback of 10 feet and a front setback of 30 feet (EXHIBIT 5).
8. The zoning permit issued to construct the house was zoning permit #ZP-04-375 dated
10/13/04. The drawing attached to the permit application indicated that all setback
requirements would be met (EXHIBIT 6).
9. No zoning permit was ever issued for the house as depicted on EXHIBIT 4, therefore
it was constructed without a zoning permit.
CONCLUSIONS OF LAW
1. Section 17.02 of the Land Development Regulations requires that "no land
development may be commenced within the area affected by these regulations without a
zoning permit issued by the Administrative Officer." The single family dwelling currently
on the property is not authorized by zoning permit #ZP-04-375, as that permit required
the building to meet all setback requirements. The current building at 44 Country Club
Drive violates applicable setback requirements and therefore was constructed without
being in compliance with a valid zoning permit.
DECISION
Motion byGid Ulm seconded by 1 a� , to
uphold the decisi n of the Admi�4ive Officer to issue Notices of Viola&n #NV-08-15
and #NV-08-16 to Terry & Bethany Lieberman.
Mark Behr -a/nay/abstain/not present
Matthew Birmingham — yea/nay/abstain of prese
John Dinklage — e nay/abstain/not present
Roger Farley — e nay/abstain/not pre t
Eric Knudsen — yea/nay/abstain/n re
Peter Plumeau — yea/nay/abstain/ prsen
Gayle Quimby —(P/nay/abstain/not present
Motion carried by a vote of
i
Signed this _� day of 2008, by
John Dinklage, Chair
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRECP 5 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).