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.
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#SD-15-02
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��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.
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