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Home My WebLink AboutPC-17-01 - Decision - 1225 Dorset StreetCITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING CITY OF SOUTH BURLINGTON-1225 DORSET STREET REQUEST FOR ZONING BOUNDARY DETERMINATION #PC-17-01 FINDINGS OF FACT AND DECISION Zoning Boundary Determination Request #PC-17-01 of Richard Hamlin, P.E. on behalf of the Ila M. Isham Estate, 1225 Dorset Street. The Planning Commission held a public meeting on November 14, November 28, December 12, 2017, and January 9, 2018. Based on the materials contained in the document file further identified below, the Planning Commission finds and determines the following: RACKGROUND 1. The Requestor, Richard Hamlin, P.E., on behalf of the Ila M. Isham Estate, seeks a zoning boundary determination for the parcel at 1225 Dorset Street. 2. The owner of record of the subject property is the Ila M. Isham Estate. 3. The request was received on September 26, 2017. 4. The request consists of a one -page letter signed by Mr. Hamlin, dated September 26, 2017. S. The Land Development Regulations in effect on the date of the submittal of this request were adopted effective July 11, 2017. DETERMINATION Applicable Zoning Map As a preliminary matter at their initial presentation, the Requestor indicated to the Planning Commission that they believe uncertainty exists in the applicability of the zoning map referenced in Section 9.04D. They indicate that the Land Development Regulations do not include a "Southeast Quadrant Zoning Map. The Land Development Regulations include the following description of maps: 3.02 Official Maps and Other Maps A. Official Zoning Map. The Official Zoning Map describes the different and separate districts of the City of South Burlington set forth in Section 3.01. The Official Zoning Map is filed in the office of the City Clerk and is incorporated herein by reference. B. Overlay Districts Map. The Overlay Districts Map describes the different and separate overlay districts of the City of South Burlington set forth in Section 3.01. The Overlay Districts Map is filed in the office of the City Clerk and is incorporated herein by reference. C. Southeast Quadrant Official Zoning Map. The Southeast Quadrant Official Zoning Map describes the sub -districts pertaining to the Southeast Quadrant District as set forth in Article 9 of these Regulations and is incorporated into the Official Zoning Map. In its review, the Planning Commission also examined prior versions of the Land Development Regulations. In prior versions, the Southeast Quadrant Zoning Map was published as a separate map to the Official Zoning Map. In the amendments effective February 8, 2011, the two maps were combined into a single map. No modifications of any kind related to the zoning boundaries applicable to 1225 Dorset Street were effectuated at the time of the combining of these two maps. Further, the Official Southeast Quadrant Zoning Map, as described above, contains all of the subdistricts applicable in the Southeast Quadrant. Based on this information, the Commission finds that the subject property's zoning is depicted on the Official Zoning Map and is the appropriate map for its review of this request. Applicable Standards of the Land Development Regulations The Requestor seeks a determination of the zoning districts applicable to the subject property. Two sections of the Land Development Regulations outline the Planning Commission's authority and standards in making such a determination: 9.04 Designation of SEQ Sub -Districts and SEQ Zoning Map D. Interpretation of Sub -District Boundaries. In any location where uncertainty exists regarding the exact boundaries of a sub -district as shown on the Southeast Quadrant Zoning Map, the affected property owner may submit a written request that the Planning Commission define the location of the boundary with respect to the subject property. The Planning Commission shall consider such request at a meeting of the Planning Commission held within 60 days of receipt of the written request. At the meeting, the Planning Commission shall provide an opportunity for persons, including municipal staff, officials, and consultants, to present information relevant to the determination of the boundary location. The Planning Commission has the authority to invoke technical review of any such submittals or to gain additional information. Within 30 days following such meeting, or any continuation thereof, the Planning Commission shall determine the boundary location, giving consideration to the original intent or purpose in designating such sub -district, as expressed in the Southeast Quadrant chapter of the Comprehensive Plan. 3.03 District Boundaries A. Interpretation of District Boundaries (1) Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the Planning Commission shall determine the location, aided by the rules set forth in this section. Requests for interpretation of district boundaries of or within the Southeast Quadrant shall be subject to the provisions of Section 9.04(D) of these Regulations. (2) Boundaries indicated as approximately following the center lines of streets or highways shall be construed to follow such center lines. (3) Boundaries indicated as approximately following platted lot lines shall be construed to follow such lot lines. (4) Boundaries indicated as following railroad lines shall be construed to follow the center line of the railroad right-of-way. (5) Boundaries indicated as following shore lines shall be construed to follow such shore lines, and in the event of change in the shore line such boundaries shall be construed as moving with the actual shore line. (6) Boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such center lines. (7) Boundaries indicated as parallel to or extensions of features indicated in subsections 1 through 4 above shall be so construed. Distances not specifically indicated on the Official Zoning Map or described under each zone shaft be determined by the scale of the map. B. Interpretation by Planning Commission. Where physical or cultural features existing on the ground are inconsistent with those shown on the Official Zoning Map, or in other circumstances not covered by subsections 1 through 7 above, the Planning Commission shall interpret the district boundaries. In reviewing this request, the Planning Commission considered the Requestor's letter, oral input by the Requestor, Staff oral and written input, and the Zoning Map discussed below. The Commission looks to Section 3.03 of the Land Development Regulations to determine the present boundary. Pursuant to Section 3.03(A)(3), Boundaries indicated as approximately following platted lot lines shall be construed to follow such lot lines. Based on the above standard, the Commission finds that where the zoning boundary lines appear to follow the property lines, they are to be construed as such. The Commission further finds no physical or cultural features existing on the ground that are inconsistent with those shown on the Zoning Map and that no other circumstances not covered in subsections 1-7 above are present. The Commission determines, therefore, that the subject property is entirely located in the Southeast Quadrant Natural Resources Protection subdistrict. 3 SO DETERMINED Motion by Bernie Gagnon, seconded by Ted Riehle, to Determine that the parcel at 1225 Dorset Street is entirely contained within the Southeast Quadrant Natural Resources Protection sub -district: Jessica Louisos Yea Nay Abstain Michael Mittag Yea Nay Abstain Bernie Gagnon Yea Nay Abstain Monica Ostby Yea Nay Abstain Duncan Macdonald Yea Nay Abstain Ted Riehle Yea Nay Abstain Art Klugo Yea Nay Abstain Motion passed by a vote of 6-0 — 0. Signed this q day of �VaAe 2010, by n Jessica Louisos, Chair 4 Not Present Not present Not Present Not Present Not Present Not Present