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HomeMy WebLinkAboutSD-15-02 - Decision - 0001 Dorset Street (2)#SD-15-02 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING HALVORSEN DEVELOPMENT-1 DORSET STREET MOTION TO RECONSIDER FINDINGS OF FACT AND DECISION On May 20, 2015, the applicant, Halvorsen Development, submitted a Motion to Reconsider the Development Review Board's May 6, 2015 Final Plat Decision for application #SD-15-02. The Development Review Board held a public meeting on May 27, 2015. Liam Murphy, Esq. represented the applicant. Based on the Motion to Reconsider and the testimony provided at the public meeting, the Development Review Board finds, concludes, and decides the following: FINDINGS 1. The applicant has presented arguments related to the finality of the DRB's Preliminary Plat Decision on this application and the DRB's authority to decide, among other things, certain setback and lot coverage requirements, the definition of a proposed pergola as a "building", and approval of the proposed pergola in the Final Plat Decision. 2. The applicant has requested that the DRB reverse portions of the Final Plat Decision and has offered to make changes to certain elements of the proposed project. 3. The issues raised by the applicant have not been decided in an earlier appeal and do not involve substantially the same facts by or on behalf of the applicant. DECISION Motion by Bill Miller, seconded by David Parsons, to reopen Final Plat Application #SD-15-02 of Halvorsen Development for the purpose of holding a public hearing in order to reconsider its previous decision. Tim Barritt Yea Nay Abstain Not Present Mark Behr Yea Nay Abstain Not Present Brian Breslend Yea Nay Abstain Not Present Bill Miller Yea Nay Abstain Not Present David Parsons Yea Nay Abstain Not Present Jennifer Smith Yea Nay Abstain Not Present John Wilking Yea Nay Abstain Not Present Motion carried by a vote of 7— 0 — 0. 1 #SD-15-02 11 ��Signed this day if 2015, by Tim Barritt, Chair Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this decision, a notice of appeal and the required fee by certified mail to the Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be mailed to the City of South Burlington Planning and Zoning Department at 575 Dorset Street, South Burlington, VT 05403. See V.R.E.C.P. 5(b) (4)(A). Please contact the Environmental Division at 802-828-1660 or http1/vermont*udiciary.org/GTC/environmental/default.aspx for more information on filing requirements, deadlines, fees and mailing address. The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call 802.879.5676 to speak with the regional Permit Specialist. 2